Facility: SECTION 5 / RECORD MANAGEMENT AND RETENTION

A. Record management. Facilities must comply with the following:

  1. The Child Care Facility must maintain a separate file for each Child Care Staff Member and Child served. These records must be retained by the Child Care Facility for a minimum of three years after the Child leaves care or the Child Care Staff Member leaves employment. Child and Personnel records must be available for inspection by the Department.
  2. All attendance records must include date, year, start and end time of daily attendance for each group of Children. The list must be available for inspection by the Department and be kept on site for three years. **State Attendance Record form. A provider may generate their own form as long as the required information is included.
  3. The Child Care Facility must record actual hours worked and break times in which Child Care Staff Members are not in a caregiving capacity and are not counted in the staff to Child ratio. This record must be available for inspection by the Department and be kept on site for three years. **clarification: A break would entail a Provider not being in a caregiving capacity or counted in the staff to child ratio, for example, leaving the family child care for a scheduled lunch break. The record of staff hours worked and breaks daily may be recorded on the daily attendance sheet.
  4. The Child Care Facility must maintain a separate record of all reports of alleged Child abuse and/or neglect made in accordance with 22 MRS §4011-A.
  5. A record of fire drills for the preceding three years must be available for inspection by the Department; the Department of Public Safety, State Fire Marshal’s Office, and local fire inspectors. ** State fire drill form. Providers may use their own form as long as it includes required information (see state form). Your fire drill record can also be kept in an online format.
  6. The Child Care Facility must draft and follow a records management and retention policy, which must include provisions for access to Child records by legal guardians.
  7. Child Care Facilities must maintain clean, readable records in an orderly, accessible format.
  8. A record of rabies vaccinations for all pets on the premises.
  9. Child Care Facilities 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.

B. Falsification of records. Falsification of records is a Class D crime under 17-A MRS §453 and may result in action by the Department.

C. Inspection of records. Records must be made available for inspection upon request by the Department, without the consent of the Child or their legal guardian.

  1. Only authorized Child Care Staff Members may access the organization’s records, on a need to know basis.
  2. During business hours, authorized Child Care Staff Members at each service location must be able to locate and access records maintained in on-site and off-site locations.