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RESOLVES
First Regular Session of the 121st

CHAPTER 97
H.P. 538 - L.D. 732

Resolve, Directing the Department of Human Services To Establish an Advisory Task Force to Examine Staff-child Ratios and Maximum Group Size in Child Care Facilities

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the early years of a child's development are critical; and

     Whereas, the appropriate staff-child ratio and maximum group size in child care facilities are crucial to the development of young children; and

     Whereas, this resolve establishes a task force to develop recommendations regarding staff-child ratios and maximum group size in child care facilities, leading to adoption of rules next year; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

     Sec. 1. Advisory task force established. Resolved: That the Department of Human Services shall establish an advisory task force to examine and make recommendations to the department regarding staff-child ratios and maximum group size in child care facilities; and be it further

     Sec. 2. Advisory task force membership. Resolved: That the membership of the advisory task force must include, but is not limited to, stakeholders representing the following constituencies: parents of children in child care facilities; nonprofit child care centers; proprietary child care centers; child care centers serving school-age children; child care centers serving 50 or more children; child care centers serving fewer than 50 children; infant and toddler programs; Head Start programs; the Department of Human Services, Office of Child Care and Head Start; the Department of Human Services, Child Care Licensing Unit; higher education and training programs for child care providers; children with special needs; the Child Care Advisory Council; and up to 3 Legislators, 2 of whom are appointed by the President of the Senate and one of whom is appointed by the Speaker of the House of Representatives. The Department of Human Services shall recruit task force members statewide. The task force shall make a substantial effort to solicit and consider input from any and all stakeholders. The advisory task force may hold up to 4 meetings to conduct its examination and make recommendations; and be it further

     Sec. 3. Recommendations and report. Resolved: That the advisory task force shall make recommendations to the Department of Human Services by December 3, 2003 regarding staff-child ratios and maximum group size in child care facilities. The department shall review the recommendations of the task force and report its conclusions and recommendations to the Joint Standing Committee on Health and Human Services by January 5, 2004; and be it further

     Sec. 4. Rules. Resolved: That the Department of Human Services shall retain in effect current rules for child care facilities regarding staff-child ratios and maximum group size until June 15, 2004. The department shall adopt rules on staff-child ratios and maximum group size effective June 15, 2004 after consideration of the recommendations of the advisory task force created in this resolve. Rules adopted pursuant to this section are routine technical rules as defined by the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

     Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

Effective June 25, 2003.

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