A.
Record retention. All child,
personnel and licensee records must be kept on-site. All child records must be
retained for a minimum of two years after discharge. Licensees must be able to
locate and have access to child records during business hours. All personnel
records must be retained for a minimum of two years after
termination.
B.
Falsification
of records. Falsification of records is a Class D crime under
17-A M.R.S.
§453 and may result in action by the
Department.
C.
Child
records. Licensees must keep records for all children served. Child
records shall be confidential, but made available for inspection by the
Department for licensing and investigative purposes. Child records may also be
released upon written authorization by a child's parent, except as otherwise
specified by
22 M.R.S.
§7703. Child records must include:
1. The child's name, birth date, street
address and mailing address;
2. The
name, street address, mailing address and telephone number of the child's
parents;
3. Places of employment,
telephone number, and street address of the child's parents'
employers;
4. The method of
contacting the parents while the child is in care;
5. The name, street address and telephone
number of an emergency contact other than the parents, for use in the event of
an emergency, if the parents cannot be reached;
6. Dates of enrollment and
termination;
7. Immunization
records;
8. The names, addresses
and telephone numbers of the child's physician;
9. Written authorization to obtain emergency
medical care for the child;
10. A
record of all serious injuries and reportable incidents sustained by the child
while in care as defined in
22 M.R.S.
§7701(5), recorded on
the same day of the injury and including the date and time of the notification
of a parent, signed by the parent within 48 hours of the incident in accordance
with
22 M.R.S.
§7702(2);
11. A record that the provider has shared the
following information with the child's parent at the time of admission:
a. Child guidance practices;
b. Expulsion and suspension
practices;
c. Management of child
illness;
d. Emergency preparedness
for natural disasters and human-caused events, including but not limited to,
fire drills;
e. Release of children
to non-custodial caregivers;
f.
Mandated reporting; and
g. Serious
injury and child death reporting.
12. The names of individuals who are
permitted by the parents to remove the child from the premises;
13. Notation of any known significant changes
in the child's appearance, hygiene, health or behavior including, but not
limited to, aggression, withdrawal, sexual acting out and prolonged
tantrums;
14. The child's known
allergies and other health conditions, including any related health
plans;
15. Written permission or
denial for use or distribution of images or personal information of the child
on any publications, social media or promotional materials;
16. A complete record if suspected child
abuse or neglect is reported to the Department's child protective
intake;
17. Any professional
developmental assessments of the child provided by the parent, if
available;
18. Any relevant
documentation of medical necessity (for example, sleeping in a non-horizontal
position or avoiding the use of sunscreen), if applicable; and
19. Written permission from the child's
parents before allowing the child to participate in any high-risk activity. The
permission must describe all types of high-risk activities provided and the
authorization must be updated at least annually and must list the child's name,
type of activity, location of activity, parent's signature and date. High-risk
activities include but are not limited to swimming, horseback riding and using
a trampoline.
20. If any
information is missing from the child's record, licensees must include a
written explanation in the child's record that states why the information is
missing.
D.
Personnel records. The licensee must keep a personnel record for
every provider who has access to children in the care of the licensee.
Personnel records must include:
1. The name,
street and mailing address, birth date and telephone number of the
individual;
2. Documentation of
training, as required by this rule;
3. Dates of employment and termination of
employees. Documentation regarding the reasons for termination must be kept in
the personnel record for at least one year;
4. A comprehensive background check report
initiated prior to the date of hire; and
5. Documentation of any disciplinary
action.
E.
Provider
records. The licensee must keep:
1.
Records of hours worked by providers, including the arrival and departure time
for each provider;
2. A daily
attendance list that includes all children served, including the arrival and
departure time(s) for each child; and
3. A record of fire drills, available for
inspection by the Maine Department of Public Safety, Office of the State Fire
Marshal and local fire inspectors.
F.
Confidentiality. Confidential
information may not be released without a court order or a written release from
the parent of the child about whom the confidential information has been
requested in accordance with
22 M.R.S.
§§7703(3) and (4).
All personnel records shall be provided to the Department upon request. The
following information is confidential, when it identifies a person directly or
indirectly:
1. Child records, daily
attendance lists, and all other information about children in care or formerly
in care; and
2. All personnel
records.
