An Act Regarding Licensed Children's Programs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §7701, sub-§§4 and 5 are enacted to read:
4. Division. As used in section 7707, "division" means the Department of Health and Human Services, Division of Licensing and Regulatory Services.
5. Reportable incident. As used in section 7707, "reportable incident" means:
A. A child's death that occurs while the child is in the care of an entity required to report under section 7707, subsection 1; and
B. An injury or trauma to a child that occurs while the child is in the care of an entity required to report under section 7707, subsection 1 and results in the transportation of the child to a hospital by emergency medical services personnel.
Sec. 2. 22 MRSA §7707 is enacted to read:
§ 7707. Reportable incidents
1. Reporting requirements. A child care facility licensed pursuant to section 8301-A, subsection 2; a family child care provider certified pursuant to section 8301-A, subsection 3; and a nursery school licensed pursuant to section 8402 shall report reportable incidents in accordance with this section.
2. Notification by next business day. An entity required to report pursuant to subsection 1 shall submit a division-approved reportable incident form to the division by the next business day after a reportable incident occurred. The form must include at least the following information:
A. The date of the reportable incident;
B. The time the reportable incident occurred;
C. The name of the entity;
D. The name of the entity's contact person;
E. A description of the reportable incident;
F. The condition of the child;
G. The name of the child;
H. The action taken by the entity; and
I. The involvement of a fire or police department, emergency medical services or other entity.
3. Rules. The department may adopt rules necessary to implement the reporting of reportable incidents. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill requires licensed child care facilities, certified family child care providers and licensed nursery schools to report incidents that result or could result in serious harm to the physical or mental health, safety or well-being of a child being served by these entities. Incidents must be reported to the Department of Health and Human Services, Division of Licensing and Regulatory Services. The bill requires written notification by the next business day after the incident occurred.