The Family Child Care Provider Licensing Rule adopted on May 27, 2021.
The Licensing Rule has been copied word for word. Long and involved sections have been broken out into multiple parts. This structure allows us to provide links for resources directly within the Rule section.
Disclaimer: All material here is being shared to support your business practices and work with children. With the sharing of these resources, FCCAM is not rendering legal or tax advice. If you require more specific assistance, please consult a legal or tax preparation professional to represent you.
We have tried to note changes by using (NEW) before the reg. We encourage providers to read the whole Rule to be sure you are complying with everything.
TABLE OF CONTENTS
SECTION 1. STATEMENT OF PURPOSE AND DEFINITIONS
A. Statement of purpose
B. Definitions
SECTION 2. LICENSING REQUIREMENTS AND PROCEDURES
B. Qualifications of the applicant
C. Application
D. Comprehensive background check
F. Type and term of a license
SECTION 3. FEES
A. Fees
B. Change in license
SECTION 4. INSPECTIONS AND INVESTIGATIONS
A. Inspections
B. Right of entry
C. Elements of an inspection
D. Inspection report
E. Investigations
SECTION 5. RECORD MANAGEMENT AND RETENTION
B. Falsification of records
C. Inspection of records
F. Household members
G. Record of overcapacity
H. Code Compliance
SECTION 6. REPORTING REQUIREMENTS
B. Mandatory report of suspected child abuse and/or neglect
C. Reporting adverse drinking water results to the Department
D. Reporting wastewater failure
F. Other notifications
G. Department action on report
SECTION 7. STAFF-CHILD RATIOS, SUPERVISION, AND QUALIFICATIONS
A. Children under six weeks of age
B. Children of providers and staff members
C. Staff-Child ratios
D. Supervision
E. Crisis plan
F. Personnel qualifications
SECTION 8. TRAINING
A. Orientation training
B. Ongoing training
SECTION 9. CHILD GUIDANCE
A. Positive methods of child guidance
B. Consistent and reasonable application of program rules
C. Constructive methods of guidance
D. Detrimental practices
SECTION 10. RIGHTS OF CHILDREN AND PARENTS
A. Right of children
B. Right of parents and legal guardians of children receiving child care from provider
SECTION 11. REPORTING CHILD ABUSE OR NEGLECT
A. Requirement to report child abuse or neglect
B. Provider requirement to inform
C. Written instruction provided
D. Hotline number posted
SECTION 12. HEALTH AND MEDICAL
B. Evaluation requirements
C. Health care consultation
D. Health monitoring
E. Dismissal of children due to illness
F. Illness, serious injury, incidents and accidents
G. First aid
H. Medication administration
J. Prevention of exposure to blood and body fluids
K. Emergency procedures
SECTION 13. DRINKING AND WASTEWATER
A. Drinking water
B. Ongoing annual water tests for providers with wells
C. Five-year water tests for providers with wells
D. Bottled water agreements
E. Water and sewer
SECTION 14. ENVIRONMENT AND SAFETY
A. General condition of the building and surrounding premises
B. Outdoor playtime and indoor activities
D. Carbon monoxide
E. Building temperature
F. Lighting and ventilation
G. Minimum usable space
I. Weapons
J. Materials, toys and equipment
K. Furnishings
M. Toilet facilities
N. Diapering/toileting
O. Pets
Q. Emergency preparedness plan
SECTION 15. SWIMMING AND WADING
A. Policies and procedures regarding water activities and safety procedures
B. Parental permission
C. Surfaces
D. Minimum training and certification required for water activities
E. Cleanliness
F. Pool accessibility
G. Emergency preparedness and drills
H. Staff-Child ratios during water activities
I. Swimming pools
J. Off-site pools or natural bodies of water
K. Non – Swimmers
SECTION 16. FOOD AND KITCHEN FACILITIES
A. Well-balanced meals and snacks
B. Handwashing
C. Allergies
D. Provider responsibilities
F. Food preparation
G. Equipment and utensils
H. Kitchen facilities
SECTION 17. TRANSPORTATION
A. Driver requirements
B. Vehicle capacity not to be exceeded
C. Safety in vehicles
D. Field trips
SECTION 18. INFANT/TODDLER CARE
A. Additional rules for providers serving infants and toddlers
B. Promoting developmental needs
C. Feeding
D. Napping/resting
SECTION 19. NIGHTTIME CARE
A. Additional rules for nighttime care
B. Individualized care
C. Rooms used for sleeping or napping
D. Beds and bedding
E. Supervision while sleeping
SECTION 20. ENFORCEMENT, SUBSEQUENT REAPPLICATION AND APPEALS
A. Department’s authority to enforce compliance
B. Directed plan of action
C. Restrictions
D. Administrative fines
E. Conditional license
F. Suspension of a license
G. Referral to the Office of the Attorney General
H. Refusal to issue or renew a license
I. Revocation
J. Void
K. Right to information regarding deficiencies
L. Consent agreement
M. Limitation on reapplication after denial or revocation of license
N. Subsequent application for a full license
O. Full certification after deficiencies corrected
P. Right to appeal
REGULATORY HISTORY (*not included)
Growing Together Child Care is an example website maintained by FCCAM as an example for providers who want to use a website to meet Licensing and QRIS requirements. Providers are welcome to copy any language for policies and forms adapting to meet your program’s needs and your voice. This
fccamaine.com 