Posted in Business Practice, DHHS / OCFS

Licensing Infractions

As licensed family child care professionals in Maine, we have agreed to follow the Licensing Rule. This post is to inform providers of infractions following the adoption of the 2017 FCC Licensing Rule. We are sharing the list so providers are aware of what is happening within Maine in the over 900 licensed family child care programs. As professionals offering quality care to children it’s important to stay informed of licensing changes and update our business practices accordingly.

As part of FCCAM’s mission to support family child care professionals in Maine, we have provided samples/templates forms that align with the 2017 FCC Licensing Rule in our Business Toolkit . Whether a member of FCCAM or not you have free access to the toolkit and all the materials within it. Please adapt them to fit the needs of your program.

Sighted Infractions:

*Infractions in this list have been documented occurring across the state.

  • Over licensed capacity / Ratios
  • CPR/First Aid certified provider not present
  • No phone on premises
  • Cribs, play yards do not meet CPSC safety standards
  • Soft or loose bedding, pillows, etc. in cribs or play yards containing infants 12 months or younger
  • No working thermometer in refrigerator and freezer
  • Diaper mat present in kitchen or food prep area
  • Unsafe firearms and ammunition storage
  • Swimming pool is accessible
  • No supervision during meal and snack times
  • Written emergency plan
  • Fire Drill record
  • Falsification of records
  • Incomplete:
    • immunization records for children
    • Emergency medical authorization for a child
    • Child’s known allergies and medical conditions
    • Documentation of medical necessity (illness/accidents/serious injury)
    • Documentation of why information is missing from a child’s file
  • No documentation that background checks were requested prior to date of hire
  • Did not report information of possible threat to health/safety/welfare of children presented by developments regarding the provider, applicant or other persons living in or employed at the child care
  • No record of reporting child abuse or neglect
  • Not reporting known child abuse or neglect
  • Not reporting unsatisfactory water test
  • Not reporting wastewater system failure
  • No documentation of annual water test for providers who have wells
  • No documentation of 5 year water test for providers who have wells
  • Use of bottled water per bottled water agreement not followed
  • Maine Lead Poisoning Control Act not met
  • Strings and cords longer than 6″ observed (non-educational/recreational with under adult supervision)
  • Infant/Toddler choking hazards: toys, foods
  • Lack required six inches of loose surfacing if outdoor equipment is over 36″ high
  • Fencing not present where required
  • Need records of pet vaccinations, visual pet/animal waste, indoor waste and/or strong animal odors
  • Lack water safety course for off-site swimming
  • No supervision during off-site swimming
  • Vehicle for off site transportation does not meet requirements
  • Lack transportation training
  • Nighttime sections of Rule not complied with:
    • Rooms above 1st floor need 2 exits, one direct to outside
    • Smoke detectors on floors where children sleep
    • No waterbeds for children under 36 months old
    • No child under age 5 left unattended in bathtub


FCCAM works to unify, promote and strengthen quality professional family child care in Maine. We understand the critical role of child care providers in the lives of children and families. Through collaboration with other organizations we work to increase awareness of our profession and the value of a strong child care system to Maine's diverse communities.