A. Licensing/ Section 2. Licensing Requirements and Procedures

A. Licensing 

  1. No person may provide child care for more than two (2) Children who are not the Children of the Provider, or who are not residing in the person’s home, without a License from the Department in force, authorizing such operation, in accordance with 22 M.R.S. § 8301-A (3).

2. The Provider must post the following, where easily seen, on the Premises: 

a. The current License issued by the Department;

b. The results of the most recent inspection, showing any violations of this rule;

c. Any enforcement actions, including a Directed Plan of Action or a conditional License; and

d. Any notices or correspondence required by the Department to be posted, including but not limited to water test results or any lead hazard assessment.

*SUGGESTION: Use a Parent Information Board or a 3-Ring binder. With either, if you use the clear sleeves you are able to slip the required documents in and out easily allowing you to present the most current document. Keep the older documents in a separate folder allowing you to maintain all records for 3 years. To save space: take a photo of records to save them; store on an external hard drive or on the cloud in a platform like Google Drive once removed from current status. Best practice is to maintain major records until you are no longer providing child care.

3. (NEW) The Department will post inspection reports to a website available to the general public, for a running period of three years. 

**Current posting by Licensing occurs in childcarechoices.me.

When families search for a provider they can research more than location and contact by clicking on either Licensing Details and/or Step Report.

Providers are now asked to update their listing for openings. FCCAM encourages providers to also periodically check out all the material listed on their program, such as directions, licensing, phone, etc.

4. Licenses are only effective at the Premises for which they are issued. If the Provider moves to another location, a new License must be issued prior to operation.

a. A License may not be transferred from one Provider to another, from one location to another, or from one owner to another.

b. In the event of an unanticipated occurrence, such as a fire, that renders an approved location uninhabitable, a Provider may provide services in an alternative location upon approval by the Department, in accordance with the Department of Health and Human Services’ Child Care Emergency Plan, Version 1.3, November 6, 2018.

c. The alternative location must also be approved by the State Fire Marshal’s Office or provider’s local fire department prior to the provision of childcare services. 

5. No Provider shall care for more Children than their Licensed Capacity. Providers must only care for Children within the age range of the License issued and within the proper staff-Child ratios for those age ranges.

a. Changes in capacity or age range may be made at the discretion of the Department, and when necessary, with the approval of the local code enforcement and the State Fire Marshal’s Office.

b. The License may be amended or reissued to increase or decrease the number of Children allowed or to change the age range of Children that may be cared for by the Provider. 

6. Buildings on the same Premises as the Applicant’s residence may be issued a Family Child Care License. 

This regulation allows for an outbuilding or detached structure on the premises to be licensed as a Family Child Care. An individual may only be issued one Family Child Care License. There may be two licensed programs on the same premises when the individuals live in the spaces being licensed.

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