Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 33 - Family Child Care Provider Licensing Rule
Section 144-33-8 - PROVIDER-CHILD RATIOS AND SUPERVISION

Universal Citation: 10 ME Code Rules ยง 144-33-8

Current through 2024-38, September 18, 2024

A. Provider-child ratios. Provider-child ratios in this section are based on the chronological ages of the children in care.

1. The licensee must assure supervision in the following ratios, based on the ages of the children served:

CHILD AGES

PROVIDER: CHILD RATIO

All children 6 weeks to 2 years old

1 Provider:

4 Children

2 Providers:

8 Children

3 Providers:

12 Children

All children 2 to

5 years old

1 Provider:

8 Children

2 Providers:

12 Children

Not applicable

All children over 5 years old

1 Provider:

12 Children

Not applicable

Not applicable

Mixed ages

1 Provider:

3 children under 2 years old+ 3 children 2 to 5 years old+ 2 children over 5 years old, or 8 children 2 to 5 years old+ 2 children over 5 years old.

2 Providers:

6 children under 2 years old + 6 children over 2 years old.

3 Providers:

12 children (No more than 9 children may be under 2 years of age).

2. Ratios are always based upon the age of the youngest child present.

3. The number of children in care must not exceed licensed capacity. Children of the licensee aged four and over are not included in licensed capacity.
a. Children of the licensee under the age of four are counted in determining the provider-child ratio and are included in licensed capacity.

b. Children of providers who are not the licensee must be counted in the appropriate age groups when determining the provider-child ratio.

4. Older children may fill younger children's spaces but younger children may not fill older children's spaces.

5. Capacity may only be exceeded when the following conditions exist: family emergencies or emergency school closings.
a. Planned school closures are considered predictable circumstances and, therefore, capacity may not be exceeded.

b. Proper supervision and ratios, as defined in this rule, must be maintained. Procedures for managing such events must be explained in the written emergency plan and reasons for exceeding capacity and the reason for exceeding capacity must be documented on the attendance record.

B. Supervision. Providers must have knowledge of the activity and whereabouts of each child in care, be able to see or hear all children at all times and be able to provide prompt intervention when needed.

1. The licensee shall develop and follow a written plan for obtaining help in an emergency when only one provider is present, or when provider-child ratios are exceeded.

2. Monitors providing both video and audio may be considered as an acceptable form of supervision during quiet indoor activities.

3. Providers must be awake during hours of operation.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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