Maine Revised Statutes Title 22 Sec. 8302-B – Providers subject to standards
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A person who provides day care in that person’s home for one or 2 children whose care is paid for by state or federal funds is not required to be licensed as a family child care provider pursuant to section 8301?A but is subject to the provisions of this section. [PL 2021, c. 35, §25 (AMD).]
1. Investigation. A person who provides day care in that person’s home for one or 2 children whose care is paid for by state or federal funds and a child care staff member, as defined in section 8302?A, subsection 2, paragraph K, of the person must pass a criminal background check pursuant to section 8302?C that meets the requirements of 42 United States Code § 9858f(b).
[PL 2017, c. 457, §7 (RPR).]
Terms Used In Maine Revised Statutes Title 22 Sec. 8302-B
- 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
- Family child care provider: means a person who provides day care in that person's home on a regular basis, for consideration, for 3 to 12 children under 13 years of age who are not the children of the provider or who are not residing in the provider's home. See Maine Revised Statutes Title 22 Sec. 8301-A
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
1-A. Payment for criminal background checks. Fees for and costs related to processing and administering criminal background checks required for a child care staff member pursuant to subsection 1 must be paid by the department from the funds available under the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105. The fees for and costs related to processing and administering criminal background checks reimbursed under this subsection may not exceed the actual costs for processing and administration. A transfer of payment by the department to the Department of Public Safety from the federal Child Care and Development Block Grant Act of 1990, as amended by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105 must be made pursuant to a schedule agreed upon by the department and the Department of Public Safety, in consultation with the State Controller, and based on documentation of fees and processing and administration costs incurred.
[PL 2017, c. 457, §8 (NEW).]
2. Information provided by department. The department shall supply providers with information on the following topics:
A. Health and safety, including the control of communicable disease, and immunization requirements; [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
B. Physical premises safety; and [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
C. Training opportunities in health and safety, first aid and cardiopulmonary resuscitation and early care and education. [PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
[PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
3. Authority to inspect. The department has the authority to inspect the premises of the person providing the care.
[PL 1997, c. 494, §11 (NEW); PL 1997, c. 494, §15 (AFF).]
SECTION HISTORY
PL 1997, c. 494, §11 (NEW). PL 1997, c. 494, §15 (AFF). PL 2005, c. 530, §9 (AMD). PL 2017, c. 457, §§7, 8 (AMD). PL 2021, c. 35, §25 (AMD).