This section contains the primary list of information Providers are required to maintain around children and their care. This information needs to be maintained in a format for anyone providing care to easily access. The listed items do not need to be individually broken out, but can be combined. We have color coded the requirements that are option combined into documents.
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D. Child records. Child records must be stored in a central location and may only be accessed by authorized Child Care Staff Members. Child records must be updated annually and maintained in an organized fashion.
If looking for samples of language for this area, check out those developed/shared around this area in the FCC Licensing Rule.
- A record must be completed at the time of admission and maintained in the Child Care Facility on each Child in care (including relatives) and must include:
a. Name, birth date, street address and mailing address of the Child;
b. Name, street address, mailing address and telephone number of parent(s) or legal guardian(s);
c. Places of employment of parent(s) or legal guardian(s), if employed;
d. The current telephone number of parent(s)’ or legal guardian(s)’ employers;
e. A method of contacting the parent(s) or legal guardian(s) while the Child is in care;
f. The name and telephone number of a person other than the parent(s) or legal guardian(s) to contact in case the parent(s) cannot be reached in an emergency;
g. Copy of financial agreement with parent(s) or legal guardian(s); **The Department included this requirement as an added protection for the Provider as well as to verify that a Provider is receiving compensation for services provided and thus required to be licensed. It is not to check rates charged.
h. Dates of enrollment and termination;
i. Record of immunizations must be on file for every Child attending the program, including relatives and Children of Child Care Staff Members who are present in the program more than one day each month;
j. Names and telephone numbers of the Child’s physician and family dentist. If there is no identified family doctor or dentist, it must be noted on the Child record form;
k. Signed authorization to dispense medication, if applicable; **While not required, best business practice encourages providers to complete a Medication Incident Report if there is any problem when dispensing medication you have received permission to dispense.
l. Signed authorization to obtain emergency medical care;
m. Names of persons who are permitted by the parent(s) or legal guardian(s) to remove the Child from the facility premises;
n. A same-day record of all injuries, including serious injuries, Accidents, and Incidents or emergencies which reflects the time and date of verbal or written notification of Parent or Legal Guardian. The signature of the Parent or Legal Guardian must be obtained on the Incident report within 48 hours of the event.
o. Written record of significant changes in appearance and/or hygiene upon arrival, or significant changes in behavior (such as: increased aggression, withdrawal, sexual acting out, and/or prolonged tantrums) and other health conditions, if known;
p. Known allergies and other health conditions, including related health plans as needed,
q. Any relevant documentation of medical necessity (for example, sleeping in a non-horizontal position or avoiding the use of sunscreen), if applicable;
r. Signed acknowledgement by the parent or legal guardian that the program handbook has been received and read;
s. Signed permission for use or distribution of images or personal information of the Child on any publications, social media, or promotional materials;
t. Signed permission from the Child’s parents before allowing the Child to participate in any high-risk activity, including but not limited to swimming, horseback riding and using a trampoline. The permission must be updated at least annually, and indicate the type and location of activity:
u. Written permission from the parent/guardian for use of sunscreen;
v. Signed permission to transport the Child, if applicable; and
w. Signed permission for the Child to leave the premises. - Child Care Facilities must place a written explanation in the Child’s record explaining why any required information is missing.
E. Personnel records. A personnel record must be kept for all Child Care Staff Members.
- Personnel records must be stored in a confidential and central location at all times and may only be accessed by authorized Child Care Staff Members.
- The personnel record must contain:
a. Name, current street and mailing address, birth date and current telephone number;
b. Documentation of ongoing training,
c. Dates of employment and termination of Child Care Staff Members. Reasons for termination must be kept in the personnel record for a minimum of one year;
d. A statement signed and dated by each Child Care Staff Member certifying that the most current licensing rule has been read and understood;
e. A statement signed and dated by each Child Care Staff Member certifying that the program personnel policies, admission policies, and Parent handbook have been read and understood;
f. Documentation of any disciplinary action;
g. Documentation of completed background checks and eligibility for hire issued by the Department, in accordance with 45 CFR § 98.43; and
h. Documentation of medical examination declaring that employees are free from communicable diseases, as required for Nursery School Child Care Staff Members according to 22 MRS
§8402 (3)(A).
i. Education, experience, and other qualifications;
j. An annual evaluation of each Child Care Staff Member’s performance by the Director or immediate supervisor signed by the Director and evaluator; and
k. Immunization records.
l. The Child Care Facility must document all orientation and training of all Child Care Staff Members by proof of completion from a qualified on-line or in-person source. - Active Child Care Staff Members may review, add, and correct information contained in their records. Access to active and inactive personnel records is limited to authorized Child Care Staff Members on a need-to-know basis.
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