B-C. Qualifications of the Applicant / Section 2. Licensing Requirements and Procedures

B. Qualifications of the Applicant. The Applicant must demonstrate their willingness and ability to operate and manage the Family Child Care with mature judgment, compassionate regard for the best interests of Children and consistent compliance with these regulations and all relevant laws.

C.  Application

** Family Child Care Checklist for Initial License ~ This checklist will help you navigate the process of obtaining a family child care license. This checklist is for your use only and should not be submitted.

  1. Application for an initial License must be made to the Department of Health and Human Services, on forms furnished by the Department, and the fee required in Section 3 of this Rule must be included.
    • a. The check must be made payable to the Treasurer, State of Maine, and is non-refundable.
    • b. Incomplete applications on which no action has been taken by the Applicant shall be void after sixty (60) Days.
    • c. A License must be issued before a Provider can begin providing day care to Children. 

** Family Child Care Application form (PDF)

** Zoning and Code Compliance Letter (PDF)

  1. At least sixty (60) Days prior to the expiration of a License, the Provider must submit an application and the required fee for renewal to the Department on a form supplied by the Department, accompanied by all additional information as may be required. It is the responsibility of the Provider to make timely application for renewal. 
  2. Upon receipt and review of applications and determination of compliance with relevant law, the Department shall renew such License for a period of two (2) years, unless it finds that there are specific and sufficient grounds either for denial of the application for renewal or for renewal of the License on a temporary or conditional basis.
  3. If timely application for renewal is made, the existing License shall continue until a final decision on the renewal is made.
  4. The Applicant must complete Department-approved training as required by Section 8 of this rule.
  5. No License shall be issued to an Applicant holding a License to provide foster care for Children without prior approval from the Department.
  6. All other Licenses for businesses in the home must be reported to the Department at the time of application, or prior to opening a new business. 
  7. The Provider must comply with the requirements of the State Fire Marshal’s Office, Department of Public Safety.
    • a. The Department must receive a written statement, furnished bi-annually by the State Fire Marshal’s Office, indicating that the Provider has complied with the requirements of the Commissioner of Public Safety’s applicable fire safety rules.
    • b. No License may be issued until the Provider passes a satisfactory inspection for fire safety and fire protection.
    • c. The Provider must obtain approval from the Maine Department of Public Safety, Office of the State Fire Marshal or designee, which specifically notes where childcare may be provided (basements, specific rooms within property, and second or higher floors, including any restrictions on the ages of Children).
    • d. An additional fire safety inspection must be done when a heating system is changed, when major structural changes are made in the Premises, and prior to use of new rooms on the Premises. The Provider is responsible for notifying the Department of any changes that require inspection 10 Days prior to installation. 
  8. The Provider must establish and maintain compliance with all corrections, restrictions, or conditions specified by the Maine Department of Public Safety, Office of the State Fire Marshal or designee in the Plan of Correction resulting from identified deficiencies in the course of the fire safety inspection, within the time frames identified. 
  9. The Provider must secure, in writing, the approval of the landlord for any rented or leased space for use by the Family Child Care Provider.

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