An Act Regarding Rules Governing Family Child Care Provider Licensing
Sec. 1. 22 MRSA §7702-A, sub-§3, ¶C, as amended by PL 2015, c. 497, §1, is further amended to read:
Sec. 2. 22 MRSA §8302-A, sub-§2, as amended by PL 2015, c. 497, §3, is further amended to read:
(1) The family child care provider;
(2) Each child care staff member whose activities involve the care or supervision of children; and
(3) Each adult who has unsupervised access to children who are cared for or supervised by the family child care provider.
The criminal background check must meet the requirements of 42 United States Code, Section 9858f(b) . ; and
Rules adopted pursuant to paragraphs A to F are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A and rules adopted pursuant to paragraphs G to K this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
For the purposes of this subsection, "infant" means a child 6 weeks of age or older and under 13 months of age and "toddler" means a child 13 months of age or older and under 30 months of age.
Sec. 3. Family child care provider licensing rule amendments. Notwithstanding anything to the contrary in the Maine Revised Statutes, Title 5, chapter 375 and Title 22, within 30 days after the effective date of this Act, the Department of Health and Human Services shall amend its rule Chapter 33: Family Child Care Provider Licensing Rule to:
1. Prior rule provisions. Include provisions that are identical in substance to the following sections in the version of rule Chapter 33 that was in effect on September 15, 2017:
2. Infant, toddler and preschool child; definitions. In section 1.B, define "infant" to mean a child 6 weeks of age or older and under 13 months of age, "toddler" to mean a child 13 months of age or older and under 30 months of age and "preschool child" to mean a child 30 months of age or older and under 5 years of age;
3. CPR, first aid and mandated reporter training. In section 9.C, require providers to complete cardiopulmonary resuscitation, first aid and mandated reporter training within 30 days of employment; and
4. Provider age. In section 2.A.2, require providers to be at least 18 years of age.
SUMMARY
This bill requires the Department of Health and Human Services to amend its rule Chapter 33: Family Child Care Provider Licensing Rule to include provisions relating to parent involvement, the availability of copies of the rule, rights for children, the ages of children living with a provider who are counted in the staff-to-child ratio, compliance with the federal Americans with Disabilities Act of 1990, reasonable modifications and accommodations and rights to a service plan that are identical in substance to the rule Chapter 33 that was in effect on September 15, 2017. It defines the terms "infant," "toddler" and "preschool child," requires providers to complete cardiopulmonary resuscitation, first aid and mandated reporter training within 30 days of employment and requires providers to be at least 18 years of age. It requires the child-to-staff ratio for toddlers to be the same as the child-to-staff ratio for infants. It requires the department to adopt rules pertaining to the quality of the program provided. It provides that rules for family child care providers adopted by the department are major substantive rules.