Start a Daycare in Maine – Licensing – Regulations – Laws
Maine Daycare Licensing
Child care in Maine is something that can be trusted. As demand for more working mothers increase, they are left with no choice but to entrust the welfare of their children with these facilities. With an evident licensing process of the day care enters, each and every aspect of the facility will be inspected and checked for compliance with rules and regulations from the Maine Department.
The state of Maine considers child care for children 13 years or less significant. These facilities may not operate without a license from the Department of Health and Human Services. A basis of approval for a license depends on the Maine Statutes and Rules which each and every child care center must comply with.
Parents who leave their children in child care facilities can be sure that their children will be in good hands. As long as it is licensed, their operations are guaranteed safe. There are strict regulations that must be followed in terms of child abuse, health and safety and emergency situations. All of these are inspected by the department before issuing the license to them.
Safety is assured for parents with certain insurance policies are offered by the child care facility. Liabilities reach $100,000 to $ 300,000 per incident. Property damage costs a minimum of $5,000 and transport insurance costs $20,000 to $40,000. Should anything unexpected happens, child care centers are prepared for it.
Maine child care centers are also very specific when it comes to child abuse and neglect. They give importance to this and encourages immediate reports on the suspicion of such. Proper proceeding will follow and if proven guilty will be given corresponding punishment.
Employees of child care facilities must be of the right age and received education or training in early childhood education. These facilities ensure that staff members handling the children know what they are doing. There are also specific provider/child ratio depending on the group size and age range. Rest assured that this ratio determined can guarantee that each and every child in the facility will be taken care of and none neglected.
Maine daycare licensing procedures are quite lengthy but are very simple to accomplish. Starting from step one until it ends, licensee must dedicate their time to accomplish application. This must also be taken seriously as child care facilities are responsible for taking of children. They need to ensure that children are properly guided even in the younger years to prepare them for the future.
LICENSING REQUIREMENTS and PROCEDURES
License Required
Child care facilities that offer services for children under 13 years old must have a license in order to operate. This license must be obtained from the Department of Health and Human Services.
Unlicensed Facilities
Child Care Facilities for two or more children are not allowed to operate without a license from the department.
Responsibility For Compliance
In order to obtain a license from the department, they must strictly follow Maine Statutes and Rules.
Qualifications Of The Applicant And Director
Applicants must always show their willingness and interest to operate a Child Care Facility. It must be done in a mature manner and seeks nothing but the best interest of the children and must not break any laws.
The Following Factors Are Considered By The Department In Making Their Decision:
(1) Has good records and reputation in terms of running an honest business. The department must be allowed to check any records of licensing boards, child protective records, abuse records, adult protective records and other criminal records.
(2) Experiences in terms of management and supervision to determine the capacity of the people in charge to run the child care facility.
(3) Must have complete understanding of children’s rights in Child Care Facilities
(4) Information which indicated the willingness to adhere to the rules to provide safe and beneficial service for the children in the facility.
Changes In Children Served And Licensed Capacity
Facilities are not allowed to take care of children who may be younger or older than what the license allows. The department is the only one to decide to amend the number of children allowed to be taken care of the facility.
Application For Initial License
Initial license application is done at:
Department of Health and Human Services
Division of Licensing and Regulatory Services,
State House Station #11, Augusta, Maine 04333
Forms must be accomplished with the corresponding fees that need to be paid. Incomplete forms submitted will be disregarded after 60 days.
Application For Renewal of License
Renewal of license must he filed at least 60 days before the expiry date of the license. There is an application form and renewal fee that must be submitted together. Other information may be asked with the application form.
The department will only grant renewal of the license upon review of the application and the determination of their compliance with the Maine Statutes Annotated. This renewal will be valid for 2 years unless there is denial for the license. If this is the case, there will be a staggered transition from 1 year to 2 years.
Licenses Are Only Effective At The location For Which They Are Issued
Facilities which move to a different location must already have a licensed issued before the said transfer of location.
INSPECTIONS
Initial Inspections
After submitting the application, the department will conduct and inspection. A representative will be sent to check the facility, policies and programs and its compliance with the rules by the department.
Unannounced Inspections
The department will have at least one unannounced inspection which is in between 6 to 18 months from granting the license.
Determining Compliance With These Rules
It is only the department who will set guidelines to determine compliance and non-compliance with the rules.
Right Of Entry
(a) It is the right of the department to enter the facility to check if they are complying with the rules of the department.
(b) The department can enter any facility that they think is a Child Care Facility without a license. The entry is still subject to permission of the owner if there is no warrant for inspection.
Application Constitutes Permission For Entry
Applications which are made with complete compliance with the rules agree for any inspection in the facility to check any information given in the application.
Fire Safety Inspection
Licenses will only be issued to a Child Care Facility upon passing the inspection for fire protection and safety. Inspections are made twice a year by any personnel of the Maine Department of Public Safety.
Increases in Licensed Capacity
For any requests in increasing the number of children admitted in the Child Care Facility, they should write a request to the department.
Private Water Supplies
Water that will be used for cooking and drinking must only be obtained from recommended water systems by the Division of Health Engineering.
Tests done are to check for presence of fluoride, chloride, heavy metals, bacteria, nitrate and nitrite nitrogen,hardness, copper, iron, pH, manganese, lead, and arsenic.
Criminal History And Child Protection Reports
Applicants for the license, employees, staff members and volunteers of the child care facility must provide records for criminal history, child protection and home abuse investigation.
Such is also the case for sponsors, corporate officers, governing body members, trustees, partners, owners or operators of the child care center.
TERMS OF THE DAYCARE LICENSE
Term Of The Provisional License
Provisional licenses are issued for minimum three months or longer but not more than 12 months depending on the decision of the department.
Term Of Full License
Full license for the child care facility is valid for 2 years operation.
Term Of Conditional License
A conditional license may be issued to a facility for a couple of months during the remaining validity of the license. Some cases only last for a few months but not to exceed a full year.
Term Of Temporary License
Temporary licenses issued to the child care facility indicate how long it is valid but should not be more than 6 months.
Monitoring For Compliance
The department will still be assessing any facilities with license for compliance of rules and laws yearly.
ENFORCEMENT PROCEDURES
Operating Without A License
Any person, partnership, corporation, association and such cannot operate a facility without having any license.
Civil Penalties
Any person, partnership, corporation, association or such who commits a violation must pay penalty in between $500 to $10,000 each day.
Injunctive Relief
The Office of the Attorney General will initiate any order for compliance of the rules should the facility show no interest in such compliance.
Enforcement
Any hesitations to comply with the order gives the Office of the Attorney General right to complain with the District Court for any civil penalties.
Jurisdiction
The District Court has its own set rules for violator in the Maine Revised Statutes.
Burden Of Proof
The burden is there to show evidence to the department for any violations of a certain facility.
Administrative Inspection Warrant
The department has a right to enter a child care facility operating without a license if they have an administrative inspection warrant. This must comply with the Maine Rules of Civil Procedure and be done at the right time with inspection books, papers, records and documents.
Noninterference
The owner of the unlicensed child care facility cannot stop the interview of the department with regards to their investigation of non-compliance.
Violation Of Injunction
Any violations of the terms of the order by the court will subject any person, partnership or corporation to pay fine amounting to $5000 to $10,000.
The District Court is responsible for making any decisions on the complaints by the Attorney General on any violations.
Notice Of Refusal To Issue Or Renew License
The department has the right to refuse issuance of the license if they do not comply with the rules and laws. They will be notified in form or writing.
ORGANIZATION and ADMINISTRATION
Operation
Child Care Facilities may be operated whether for profit or non-profit.
Corporations.
All names and addresses of those parts of the corporations, partnerships and such owning the child care facility must be provided to the department. If the charter, partnership, agreement, constitutions, articles of incorporation and by-laws or trust documents are available, these should also be submitted.
Licensee Responsibility For The Facility
The Child Care Facility must operate under the watch of the licensee who will guarantee compliance with the rules set by the department.
Other Administrative Responsibilities
It is the responsibility of the licensee or applicant to do the following:
Purpose
Define the purpose of the service that the child care center provides
Policies
Implement policies they have developed for the betterment of the children. Policies must include:
(a) Reports of child abuse
(b) Child behavior guidance
(c) Students with illnesses
(d) Financial policies for families
(e) Procedures for fire drills
(f) Procedures during emergency situations
(g) Hours of operation
(h) Qualifications of staff members
(i) Licensing violation requirements
(j) Practices for children with disabilities
(k) Enrollment and admission policies
Responsibility
The licensee is solely responsible for keeping the facilities policies intact. This should include maintenance of a stable financial business and being qualified to run the facility.
Administrative and Other Records
The licensee must have complete and accurate records of employees and finances.
- There must be complete records of the children
- Records must be kept for at least 6 months after the child or employee leaves the facility
- There must be records of the attendance of children daily kept up to at least 6 months. The Division of Licensing and Regulatory Services will inspect these records.
Insurance
(a) The Child Care Facility is in charge of carrying liability insurance of $100,000 to $300,000 per incident and at least $5,000 for property damage.
(b) Liability for vehicular damage amounts from $20,000 to $40,000 per incident.
(c) Before a license will be issued, there must be a certificate of liability insurance that must be presented.
Posting Of License
The license must be posted in a noticeable place in the facility which can easily be seen by parents, guardians and employees.
Posting Of Other Notices
Any notice in environmental lead hazards, announcements, notices and letters must be posted in a noticeable place.
Letters, notices or correspondence are required by the department to be posted for information to the parents.
Pre-admission Visits
The person in charge of the child care facility must invite parents or guardians to the facility before admission of the children
Admission Policy
Facilities must always have a written copy of the policies and criteria used for admission which includes:
(a) Age range and corresponding services offered.
(b) Fees that must be paid
(c) Policies on vacations and absents
(d) Contracts or placement agreements
(e) Operation hours and holidays
Immunization Records
There must be immunization records for the children admitted in the child care facility.
Childcare For Children With Special Needs
Child Care Facilities should comply with the Americans with Disabilities Act standards.
(a) The licensee cannot require that the parent(s) of children with physical,
emotional and/or mental disabilities provide information on the child’s disabilities, but is encouraged to ask important developmental questions of all children prior to entrance to be able to provide appropriate and successful programming.
(b) The child care facility should give training to the staff in order to provide them with knowledge on the needs of the children and be able to address them
Confidentiality
Confidential information on children may not be obtained unless a court order is given or is required by the law. Confidential information are as follows:
(a) Information of children who are currently or previously in the care of the facility. This include even the services which were given to them.
(b) Records of personnel working in the facility
(c) Information on the suspecting any violations, complaints and reports against the facility
Employees with communicable diseases.
Any child care facility must not allow employees with illnesses that may affect the children negatively to serve in the facility. The must decrease chances of contamination and exposure to them.
Staff Requirements For All Child Care Facilities
Student Assistants Or Volunteers
Students must be 16 years old or older when volunteering or working in a child care facility. They will not be considered as staff members of the facility.
Supervision Of Student Assistants Or Volunteers
Students who are working in a facility must always be assisted by an employee
First Aid And CPR
All child care facilities must always have a staff member certified in first aid and CPR present.
Assigned Tasks
Staff members must always take note of their responsibilities and do their corresponding tasks to meet requirements set by the facility.
Exercise Good Judgment
Childcare staff member must be stable emotionally, mentally, physically and mature enough to handling children. They must be good influence and not participate in actions that may harm the children.
Detrimental Actions Or Practices
Actions that are considered harmful to the children are not allowed in the facility. These include the following:
(a) Corporal punishment and using a stick to harm the child
(b) Sexual abuse
(c) Lack of supervision and neglecting the child
(d) Not giving food and drinks to children
(e) Discouraging comments to the children and parents
(f) Name calling and forms of embarrassment
(g) Rough handling and confinement of the child
Reporting Requirements
Any reports on the following involving employees or staff, must immediately be reported to the department:
- Convictions
Convictions for violent crimes and abuse done by adults of any situations that resulted in these convictions.
- Crimes Involving Children
Any crimes or incidents that involve the children or any situation that may have resulted to such.
- Allegations Of Child Abuse
This includes any investigations done the Child Protective Services or Out-of-Home Investigations Unit of the Division of Licensing and Regulatory Services for any child abuse reports
- License Suspension
Should any suspensions of the license whether permanent or conditional has occurs, this must be reported.
- Removal Of Children From Care
Any incidents of removal of children by court order must be reported
Licensing Decision
The department will determine based on the presented evidences and reports if the cases reported have been resolved or not. If so, they will be seen to be complying with rules and laws set by the department.
Children Under Six (6) Weeks Of Age
Child care facilities cannot take care of children younger than six weeks old.
Children Of Staff Members
Children of the staff members are counted in the total number of children the facility is taking care of.
Supervision For Each Child
A staff member watching over the children must be aware of the current activities of the child and be near to reach out when needed. This is applicable for both indoor and outdoor supervision.
Supervision While Napping
Supervision is still provided to children while sleeping by the staff members.
Crying Children
Children who are crying shall be attended to.
Emergency Plan
There must always be an emergency plan when there is only one staff member present in the facility.
Other Staffing Requirements And Responsibilities
Responsibility For Compliance With These Rules
- The head teacher or director will be responsible for the operations and ensure that the facility is complying with the following rules:
(a) In the absence of the director, a staff member who is deemed responsible will be in charge to ensure compliance with the rules
(b) For child care facilities with less than 50 children, if the director is absent, the staff member who has met qualifications of the directors must be in charge.
- Child care centers with 13 to 20 children must have a group leader considered to be the head.
- Child care center with 21 to 49 children must have a head teacher per group of children.
HEALTH and MEDICAL REQUIREMENTS
Certificate Of Immunization For Children
Children not attending public or private schooling must have on records in the facility the Certificate of Immunization. This must be filed no more than 30 days from the admission of the child.
The certificate is renewed annually. It must also indicate updated status and information as seen in the Day Care Immunization Standards from the Maine Center for Disease Control and Prevention.
Immunization dates and vaccine types should be filed for diseases such as measles, mumps, rubella, doptheria, prtussis, polio, tetanus, Haemophilus influenzas Type b, Variccella, Hepatitis B and Pneumococcal conjugate.
Certificate Of Immunization For Staff
Staff member who were born after 1956 should provide a Certificate of Immunization for measles, mumps, rubella, tetanus and diphtheria.
There are also blood tests which show immunity to the following which is accepted.
Staff member may provide written documents that state conflicts with religion in taking immunization.
FOOD AND KITCHEN FACILITIES
Meals And Snacks
The child care facility must always ensure balances meals and snacks served
- Potable water is available to the children
- Snacks served are simple but nutritious which includes milk, fruit, crackers and fruit juice. Milk substitutes are given to children who cannot drink milk
- Lunch served must include:
(1)Fruits and vegetables
(2)Meat, fish poultry, cheese eggs protein substitutes
(3) Bread and other source of carbohydrates
(4)Milk, milk substitutes or fruit juice
- Meals served already give 1/3 of the daily nutritional requirements of the children. Parents are allowed to bring food for special diets.
- Information on allergies must immediately be provided for food preparation
Food Supplied From Outside The Facility
Food brought in the facility is always kept in the refrigerator.
All adults and children are taught proper hand washing before and after eating snacks and meals.
The children are well supervised during meal time.
REPORTING CHILD ABUSE AND NEGLECT
- Mandatory Reporting
Staff members suspected for neglect and abuse of children less than 18 years old must be reported to the Department of Health and Human Services.
Reporters are not involved in any liabilities for reporting the incident or even participating in the investigation. Reporters remain confidential unless needed for the protection of the child.
Policy For Handling Suspected Instances Of Child Abuse Or Neglect
There must be a written policy for suspected child abuse and negligence in relation to the Maine laws and statures.
Facility Cooperation In Investigations
The facility staff will cooperate in the investigation of allegations of abuse and neglect.
Worker Qualifications
Head Teacher Of 13–24 Children:
(a) The teacher must be at least 21 years old, obtained a high school diploma or equivalent and 1 year working experience in a license facility with more than 13 children.
(b) Or must have 1 year working experience as the operator of a day care with 3 to 12 children and has training in early childhood education for 6 hours.
(c) Or has a 30-credit college course with 6 hours training in the child care field and 6 months working experience or CDA
Group Leader:
The group leader should be 18 years old or older having a CDA with 6 months working experience for 13 or more children.
The group leader may also have 30 credits in college work for any child care field.
Contact Information
Child Care Licensing Agency
Maine Department of Health and Human Services
Child Care Licensing Unit
41 Anthony Avenue, Station 11
Augusta, ME 04333
Phone: (207) 287-9300
Fax: (207) 287-9257
Child Care Subsidy Agency
Department of Health and Human Services
Office of Child Care and Head Start
11 State House Station
Marquardt Building
Augusta, ME 04333-0011
Phone: (207) 287-5014
Fax: (207) 287-5031
Head Start – State Collaboration Office
Office of Child Care and Head Start
Department of Human Services
11 State House Station, Marquardt Building
Augusta, ME, 04333-0011
Phone: (207) 287-5014
Fax: (207) 287-5031Child Care Food Program Agency
Division of Contracted Community Services
Department of Health Human Services
State House, Station 11
221 State Street
Augusta, Maine 04333
Phone: (207) 287-5060
Fax: (207) 287-5031State Child Care Resource & Referral Contact
Maine’s Network of Child Care Resource Development Centers
c/o Child Care Options
99 Western Avenue, Suite 6
Augusta, ME 04330
Phone: (207) 626-3617 ext. 29
Toll Free: (888) 917-1100
Fax: (207) 626-3617
Office of Child Support Enforcement
Division of Support Enforcement & Recovery
Bureau of Family Indep.
Department of Health and Human Services
11 State House Station
Augusta, Maine 04333-0993
Phone: (800) 371-3101
Fax: (207) 287-2886
Child Abuse Reporting
To report suspected child abuse in Maine, call TTY: (800) 963-9490, Toll-Free: (800) 452-1999.
For national child abuse information, call the Childhelp®, 800-4-A-CHILD (800-422-4453), or your local CPS agency.
