Maine Revised Statutes Title 22 Sec. 8107 – Exceptions
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The following exceptions to placement, as defined in section 8101, shall apply. [PL 1983, c. 629, §2 (NEW).]
1. Number; placement in children‘s homes. The limitations on the number of children in children’s homes do not prohibit the placement of more than the allowed number if the purpose of the placement is to keep siblings together.
[PL 2017, c. 372, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 8107
- children: means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301?A, that provides services to these children. See Maine Revised Statutes Title 22 Sec. 7701
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- facility: means any of the places defined in section 8001, 8101, 8201 or 8301?A, subsection 1?A, paragraph B. See Maine Revised Statutes Title 22 Sec. 7701
- Family foster home: includes the home of a resource family whether the family provides foster care, kinship care, adoption or permanency guardianship services, as long as the home meets the requirements and standards for adoption of children in foster care. See Maine Revised Statutes Title 22 Sec. 8101
1-A. Number; placement in family foster home. The limitation on the number of children in a family foster home does not prohibit the placement of more than the allowed number in an individual case involving unusual circumstances if the department determines that placement to be appropriate.
[PL 2017, c. 372, §2 (NEW).]
2. Disabled child; placement. The definitions used do not preclude the department from placing a child who is moderately to severely disabled in any appropriate child care facility at the department’s discretion, subject to the limitations on the number of children specified in section 8101, subsections 1 and 3.
[PL 2021, c. 348, §33 (AMD).]
3. Residents 18 years of age or older. A resident in a children’s home may remain in that home after attaining the age of 18 years without the home being required to be licensed as a boarding care facility under chapter 1663 if the department determines that it is in the best interest of the resident.
[PL 1989, c. 355, §3 (NEW).]
4. Parents of children receiving services. Adult parents may reside with their children in a children’s residential care facility in order to facilitate the care of the child when the department has determined it to be in the best interest of the child.
[PL 2013, c. 179, §9 (AMD).]
The department may adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A. [PL 2007, c. 320, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 629, §2 (NEW). PL 1985, c. 706, §10 (AMD). PL 1989, c. 355, §3 (AMD). PL 2007, c. 320, §§1, 2 (AMD). PL 2013, c. 179, §9 (AMD). PL 2017, c. 372, §§1, 2 (AMD). PL 2021, c. 348, §33 (AMD).