Posted in Business Practice, DHHS / OCFS

Let’s Take a Quick Look at These Proposed FCC Rule Changes…….Section 1 thru 6

The purpose of our posting is just to point out the changes we have found in our first few read throughs of the proposed 10-148 CMR Ch. 33 Family Child Care Provider Licensing Rule published December 30, 2020. FCCAM is not making any statement of support or disagreement by the listing or omission of any proposed change .

Providers want to read through the “Definitions”. There are significant changes there with changes to older definitions, deleted and new additions.

Section 2. Licensing Requirements and Procedures

Providers should make note of the usage of “Child’s Parents/Legal Guardians”. These were also changed in “Definitions”. When Providers are making changes to their contact/handbook policies they might want to align their language to this.

G. Administrations/4 – A copy of the Provider handbook will be made available to all Parents or Legal Guardians at the time of enrollment. The handbook must contain, at a minimum:

  • Ages of Children served;
  • Hours of operation and daily schedule;
  • Numbers of Children served;
  • Specific focus if applicable, such as educational focus, religious focus, Montessori, after-school, summer recreation, teaching site, etc.;
  • Opportunities for Parent/Legal Guardian involvement;
  • A description of the Child guidance methods used by Staff Members;
  • Services offered, such as: basic childcare, care for Children with special needs, part-time care, Infant/toddler care, pre-school care, school-age care, etc.;
  • Fees (if any) including charges for late pick-up of Children;
  • Vacation policy;
  • Terms of any contract or placement agreements;
  • The rights of Children;
  • Emergency procedures and relocation information;
  • Incident reporting and mandatory reporting of Child Abuse or Neglect;
  • Expulsion and suspension practices;
  • Management of communicable illnesses;
  • Medication administration;
  • Annual calendar of closure dates (if applicable);
  • Resources available for developmental screenings; and
  • Reporting of Child death and serious injury.

G/7 – The Provider must maintain a staff manual that addresses the following:

a. Policies and their implementation. This must include, at a minimum, policies for the following:

  • Mandated reporting, Child guidance,
  • Child illness,
  • Fire drill procedures,
  • Emergency and disaster procedures,
  • Staff Member qualifications and training,
  • Supervision of Staff Members/interns
  • Reporting licensing violations,
  • Inclusionary practices for Children with disabilities,
  • Safe sleep policy,
  • Serious injury and Child death reporting,
  • Expulsion and suspension prevention,
  • Interpretation for English Language Learners,
  • Release of Children, and
  • Transportation of Children (if applicable).

G/8 – The Provider must adopt a written policy for handling all suspected instances of Child Abuse or Neglect in accordance with Maine statute.

G/10 – The Provider must develop a written policy to follow if an allegation of Child Abuse or Neglect is made against the Provider, any Staff Member, or Household Member in the Provider’s home.

G/12 – The Provider must register for Maine’s Quality Rating and Improvement System.

Section 3. Fees

B – Change in License. The fee to issue a revised License is $10.00. An application to revise a License is required when an Applicant seeks to increase the capacity of the Provider or the Applicant requests approval for construction, or a heating system requires replacement.

Section 4. Inspections and Investigations

C. Elements of an inspection. In order to determine compliance with this rule, the Provider must provide access to all records and any part of the Premises occupied or used by Children.

  • The Department may speak with Children, Parents, and providers during inspections.
  • The Department may photograph any part of the Premises or make a photographic record of documents. The Department will provide copies of photographs upon request.

Section 5. Record Management and Retention

A/3 – Record of actual hours worked and breaks daily. This record must be available for inspection by the Department and be kept on site for three years.

A/5 – A record of fire drills for the preceding three years must be available for inspection…

A/7 – Providers that offer swimming and wading activities must keep a written record of the type, date, time and duration of the water safety emergency procedures training and drills required in Section 15 of this Rule.

A/8 – The Provider must draft and follow a records management and retention policy, which must include provisions for access to Child records by Legal Guardians.

C – Inspection of records. Records must be made available for inspection by Providers and Staff Members upon request by the Department.

D/1/u – Written permission from the Parent/Legal Guardian for use of sunscreen;

H – Code compliance. The Provider must maintain, and provide to the Department on request, documentation that indicates that the Provider complies with local codes and ordinances, including zoning, or a statement from the locality that no approval is required.

Section 6. Reporting Requirements

A – Provider changes. Providers must notify the Department in writing of any of the following changes or occurrences within 24 hours of occurrence. …..


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.