Current through 2024-38, September 18, 2024
A.
Pre-employment comprehensive background checks.
1. In addition to the requirements of Section
2(A)(4)(e), licensees must request comprehensive background checks for all
individuals over the age of 18, who will have unsupervised access to
children.
2. Licensees may hire an
individual on a contingent basis in accordance with
22 M.R.S.
§9057(4).
B.
Individuals subject to comprehensive
background checks. Licensees must obtain comprehensive background checks
for providers, all individuals who are at least 18 years old and reside at the
home where services are provided, and other individuals who have unsupervised
access to children in care, including, but not limited to substitutes, unless
otherwise provided in this rule.
C.
Individuals not subject to comprehensive background checks.
Individuals who are not subject to comprehensive background checks may only
have supervised access to children who are served by the provider.
Comprehensive background checks are not required for individuals who are not
providers and who only have infrequent and irregular supervised access to
children, including but not limited to, parents, delivery persons, contractors
performing maintenance and repairs and waste removal persons.
D.
Background checks prior to
notification to use the Maine Background Check Center. Criminal history
reports, motor vehicle reports, out-of-home investigation reports and child
protection reports must be obtained for each applicant, and for each paid,
unpaid, temporary or regular provider.
1.
Criminal history reports, out-of-home investigation reports, and child
protection reports must also be obtained for any adult living on the family
child care premises.
2. The
applicant must provide signed release forms permitting the Department to obtain
criminal history and child protective services information for him or herself,
and for each adult member of the household. If any of these persons will be
transporting children in care, the applicant must also provide releases for
motor vehicle checks.
E.
Components of a comprehensive background check. Upon notification
by the Maine Background Check Center Program, licensees must request
comprehensive background checks for providers and other individuals who have
unsupervised access to children who are served. A comprehensive background
check includes the following database searches:
1. Federal Bureau of Investigation
fingerprint check;
2. National
Crime Information Center's National Sex Offender Registry;
3. The following records and registries in
Maine:
a. The Maine Criminal History Record
Information using the State Bureau of Identification's Automated Fingerprint
Identification System;
b. The Maine
Sex Offender Registry;
c. Maine
child protective records and out-of-home investigation reports;
d. Maine adult protective records;
and
e. Licensing boards or registry
records, if applicable.
4. A search of the following records and
registries in each state, other than Maine, where an individual resided during
the preceding five years:
a. State criminal
records or registries;
b. State sex
offender records or registries; and
c. State child abuse and neglect records or
registries.
F.
Frequency of background checks. The initial background check shall
be conducted according to the schedule established by the Maine Background
Check Center, and at least every five years thereafter.
G.
Disqualifying offenses.
Individuals are not eligible for employment in a family child care setting if
they:
1. Refuse to consent to a criminal
background check;
2. Knowingly make
a materially false statement in connection with a comprehensive background
check;
3. Are required to be
registered on a state or national sex offender registry;
4. Were convicted of any of the following
crimes:
a. Murder;
b. Child abuse or neglect;
c. A crime against children, including child
pornography;
d. Spousal
abuse;
e. A crime involving rape or
sexual assault;
f.
Kidnapping;
g. Arson;
h. Physical assault or battery; or
i. Violent misdemeanors committed as an adult
against a child, including child abuse, child endangerment, sexual assault or a
misdemeanor involving child pornography.
H.
Disqualifying drug-related
felonies. Individuals are ineligible to work in a child care setting if
they have been convicted of a Class A, B or C drug-related offense committed
during the preceding five years, unless the Department determines an individual
to be eligible, pursuant to a review of the conviction or convictions.
1. An individual who obtains comprehensive
background check results that contain only disqualifying offenses for Class A,
B or C drug-related offenses committed during the preceding five years may
request a waiver in accordance with
22 M.R.S.
§9054(13).
I.
Eligibility for
hire
1. The Department will provide
the results of the background check to the licensee in a statement that
indicates only whether the individual is eligible or ineligible, without
revealing information regarding the disqualifying offense.
2. If the individual is ineligible, the
Department will provide the information to the individual about each specific
disqualifying offense, as well as information on how to appeal the results of
the background check.
J.
Evaluation requirements. When the Department has reasonable cause
to believe that a licensee, provider or applicant may be unable to provide safe
care for children, the Department may request a report from a qualified
professional or an appropriate official that includes the evaluator's
determination of the person's ability to safely care for children.
1. A physical examination or other evaluation
is not required if the applicant, licensee or provider states in writing that
it is contrary to the person's religious teachings and practice.
2. If the applicant, licensee or provider
refuses to be evaluated, the Department shall determine whether sufficient
evidence exists to ensure that the person can safely care for
children.
