Current through 2024-13, March 27, 2024
A. QUALIFICATIONS
OF THE RESPITE CARE PROVIDERS
1. The respite
care providers must be at least 18 years of age.
2. The members of the respite family having
significant responsibility for caring for respite care recipients shall be
emotionally stable and mature, and able to exercise good judgment in the
handling of a child and shall not engage in practices detrimental to the
welfare of children.
3. No other
members of the household shall engage in practices detrimental to the welfare
of children.
4. The relationships
of the members of the respite family to each other should be generally positive
with each family member meeting his social, emotional, and developmental needs
adequately through a combination of family and community relationships and
activities.
5. The applicant or
licensee shall bring the following information regarding themselves or other
persons residing in the home to the attention of the Department:
a. Convictions for sexual or violent crimes
involving adults or activities which could have resulted in convictions for
such crimes if prosecuted;
Conviction for any crimes involving children or activities
which could have resulted in convictions for such crimes if prosecuted;
b. Convictions for operating under
the influence or for any other activity which involves substance
abuse;
c. Admission to a mental
health or substance abuse treatment facility and involvement in mental health
or substance abuse counseling;
d.
Any serious physical problems that have required admission to a hospital or
other in-patient facility;
e.
Whether or not Child Protective Services has ever investigated the family
situation for allegations of child abuse or neglect either when the person was
a child or since he or she has become an adult;
f. Any prior conditional licenses, license
suspensions, fines or revocations regarding child or adult care licenses or
approval issued to the applicant;
g. The removal of children from their care or
custody; and 16.
h. Any other
information regarding their circumstances or treatment of children which is
relevant to the Department's decision to issue a license.
If such information as described above exists, the respite
family home applicant or licensee shall furnish the Department with written
releases permitting the Department to obtain information regarding any of the
above from appropriate officials or persons to determine whether there is a
present threat to the health, safety and welfare of children.
In deciding what action to take regarding a license under the
foregoing circumstances, the Department shall make a determination if
sufficient evidence has been presented by the applicant or licensee to indicate
that the problems which resulted in any of the above have been adequately
resolved so that the applicant or licensee is in compliance with 9(A)(2) above
and with any other applicable rules.
6. The respite family must accept the
relationship of the respite care recipient with his/her own family members,
including visitation arrangements in accordance with the care plan developed by
the placing agency. Respite families with Indian child(ren) must be able to
accept visitation arrangements with the child's parent(s), grandparents and
siblings.
7. The respite care
provider shall cooperate and participate in implementing any plan developed by
the child's parent or guardian or other placing agent for the respite care
recipient.
8. The respite family
shall not care for adult boarders or roomers or operate under another license
to provide child care. Exceptions to this rule must receive prior approval from
the Director of the Division of Child and Family Services, of the Department,
or his/her designee.
9. Whenever
the respite care providers are absent from the home, they must designate
responsible adult individuals to supervise.
10. The respite care provider(s) shall not
discriminate against respite care recipients placed in their home on the basis
of race, color or national origin.
11. The respite family shall have an ongoing,
predictable income to assure that the home is maintained in conformity with the
requirements of these regulations.
12. The respite care provider(s) shall keep
information about a respite care recipient's previous history and own family
members confidential, and provide such information only to therapists,
physicians, social workers and educators or others as directed by the placing
agency to meet the irresponsibilities to the respite care recipient or with
written permission of the parent or legal custodian.
13. Applicants shall have completed a
pre-service training program for respite care providers offered or approved by
the Department of Human Services, during the term of the temporary or
provisional license, or have demonstrated competence by test, equivalent prior
training or experience.
14. Respite
care providers shall participate in ongoing training of at least 3 hours of
specialized training a year which is related to the type and age of children
being cared for.
15. Respite care
providers shall maintain a register of all children placed in their home
including dates of admission and discharge and to whom discharged and shall
make this register available to the Department of Human Services.
B. NUMBER AND AGES OF CHILDREN IN
CARE
The total number of children in care may not exceed 6,
including the family's legal children under 16 years of age, with no more than
2 of these children under the age of 2. The only exception which may be made to
the number and ages of children is to allow siblings to be kept together.
Exceptions to this limit, in order to keep siblings together, must receive
prior approval from the Director of the Division of Child and Family Services
of the Department, or his/her designee.
C. SUPERViSION OF RESPITE CHILDREN
The respite care provider(s) or designated adult individuals
responsible in their absence, must provide supervision and care appropriate to
each respite care recipient's age, level of development and ability to accept
independence and responsibility.
D. CHILD MANAGEMENT
1. Respite care providers must be positive in
their approach to discipline. Any discipline or control must be appropriate to
the child's age and developmental level. The only form of physical discipline
which may be used is a single mild spank on the clothed buttocks with the bare
open hand; or a single mild slap on the hand to protect the child from harm,
except that no form of physical discipline will be used with a mentally
retarded child pursuant to: 34-B M.R.S.A. §5601 et seq.
2. In no instance shall a child be subjected
to:
a. Verbal abuses derogatory remarks
regarding himself or members of his family, threats to expel the child from the
respite home or other forms of psychological abuse;
b. Physical punishment, discipline by
shaking, or striking with an object or a blow with the hand, except as provided
in D.I., except that no form of physical discipline would be used with a
mentally retarded child pursuant to: 34-B M.R.S.A. §5601 et seq.
c. Severe, cruel, humiliating or unnecessary
punishment;
d. Deprivation of
meals;
e. Deprivation of mail or
family contacts except as approved, in writing, by the parent or legal
custodian of the child;
f. Physical
restraint except when necessary to protect the child from inflicting injury to
himself or another. Holding shall be the only means of restraining a child to
assist the child who is out of control to gain control of his or her
emotions;
g. Administration of
medications, including psychotropic medications, as a means of punishment or
non therapeutic control.
3. The respite care provider(s) method(s) of
discipline for their own children must be consistent with 9(D)(1) and 9(D)(2)
of these Rules.
4. Separation when
used as discipline shall be brief and appropriate to the child's age and
circumstances, and the child shall be within hearing of an adult in a safe,
lighted, well-ventilated, unlocked room and visually checked at least every 10
minutes.
5. Disciplinary measures
must be:
a. Administered as soon after the
offensive behavior as possible.
b.
Reasonably related to the nature of the offense and not excessive.
c. Carried out by the adult person
responsible for the care of the child and who witnessed or became aware of the
misbehavior
E. SAFETY MD SANITATION
1. No license to operate a respite home at
any location can be issued until such home passes a satisfactory inspection for
fire safety and fire protection. The fire safety inspection shall be done in
compliance with 2(P) of these Rules. A conditional license will be issued if
the State Fire Marshal does find deficiencies but finds that there is a
satisfactory plan of correction. The department may issue a temporary license
only without a fire inspection provided that a preliminary evaluation of the
home reveals no obvious fire safety violations.
2. Water which is used for drinking and
cooking purposes must meet the standards of the Division of Health Engineering,
Department of Human Services, in compliance with 2(Q) of these Rules.
3. When it is necessary for the safety of the
respite care recipient, the respite care providers must store medication in a
place inaccessible to the respite care recipient. The respite care provider
shall dispense such medication as prescribed.
4. The premises must be kept in a state of
cleanliness and maintained in a condition insuring health and safety.
5. When it is necessary for the safety of the
respite care recipient, all potentially harmful materials such as poisonous,
toxic or flammable materials must be stored in securely locked storage spaces
or kept in a place inaccessible to the child.
6. Household materials, tools and equipment
which may be dangerous to children shall be stored out of the reach of respite
care recipients when appropriate.
7. Firearms shall be rendered inoperable and
unloaded or shall be unloaded and locked up to prevent unauthorized use.
Ammunition, projectiles such as arrows, or other items which can be used to
make the weapon operable, shall be locked separately. Weapons shall not be
transported in any vehicle in which children are riding unless the weapons are
made inoperable and inaccessible.
8. Toilet facilities must be in good repair
and sanitary condition.
9. Bath
facilities must be provided.
F. SHELTER REQUIREMENTS
1. The respite home shall have adequate heat,
light and ventilation for safe and comfortable occupancy.
2. The respite how shall have adequate family
living space in addition to bedrooms for the comfort of family members, for
family meals, and for recreation.
3. The respite how must have a telephone and
must make the number available to the custodian of the child being placed and
to the child placing agency, if any.
4. No lock or fastening to prevent free
escape from the inside of any room used by children shall be
permitted.
5. Locks on the doors of
all closets, bedrooms and bathrooms shall be openable from both sides in an
emergency.
6. The dining area(s)
shall have adequate space for eating. There shall be adequate facilities and
space for family food storage which shall be in a sanitary condition.
7. Bedrooms shall meet the following
criteria:
a. Each bedroom used by respite
care recipients shall contain at least 40 square feet of floor space per person
except that a room for a child shall contain at least 60 square feet of floor
space. All bedrooms must have an average ceiling height of at least 7 ft. There
must be at least one outside window. This window must be openable or other
means of ventilation shall be provided.
b. Closets, alcoves and corridors or any
other room which is normally used for other than sleeping purposes must not be
used as bedrooms.
c. All bedrooms
must have doors and provide reasonable privacy.
8. No adult shall regularly share a bedroom
with a respite care recipient over one year of age unless necessary for the
child's emotional or physical health except as approved, in writing, by the
custodian of the child or placing agency.
9. No child over 5 years of age may sleep in
the same room with a child of the opposite sex.
10. Each respite care recipient must have his
or her own bed with adequate, clean bedding.
11. Individual space must be-provided for
storing a respite care recipient's clothing and other personal
possessions.
12. An adult must
sleep in the house near enough to care for a respite care recipient's
needs.
13. Sleeping areas for
respite care recipients who have physical handicaps which limit mobility shall
be on floors with a direct fire exit to the outside.
14. Respite care providers caring for hearing
impaired children shall assure that an emergency communication system with
visual as well as auditory alarms to warn of smoke or fire danger is in
place.
15. Stairs having an open
side leading from one floor to another must have a handrail on the open
side.
G. HEALTH
STANDARDS
1. Respite care providers shall
assure that the respite care recipient receives scheduled medical, dental and
psychological care according to the directives of the Department or person
legally responsible for the child.
2. The Respite care provider(s) shall request
current medical information for each respite care recipient, including details
of any chronic illness or any condition requiring ongoing treatment.
3. Respite care providers shall have on file
a medical consent form for emergencies when the parent or legal guardian cannot
be reached for each privately boarded respite care recipient, unless the child
is in the custody of the Department of Human Services.
4. Respite care provider(s) shall obtain and
make available to the placement agency of the privately boarded child's parent
or guardian reports of examinations, and other medical or dental treatment and
drugs prescribed for each respite care recipient during respite cars.
5. Provision for emergency transportation to
a medical facility must be available.
6. At the discretion of the Department, the
applicant or licensee shall provide the Department with a physicians or
psychologists' report regarding any person residing or employed in the respite
care providers household which includes a diagnosis of any physical or mental
conditions and their assessment of the impact of the effect of the conditions
and its treatment on the functioning of the individual. This provision shall be
done in compliance with Rule 2(D) of these Rules.
H. FOOD REQUIREMENTS
1. The respite family shall provide food of
sufficient quality and quantity to meet the nutritional medical and
psychological requirements of the respite care recipients.
2. The quantity and quality of food provided
for respite care recipients shall not be less or of a different type than that
provided for the members of the respite family unless medically
required.
I. CLOTHING
REQUIREMENTS
1. Clothing and shoes must be
kept clean and in good condition.
2. Respite care providers shall be
responsible for insuring that the respite care recipient's personal belongings
including money and clothing go with the child when he/she leaves their
home.
3. Each respite care
recipient shall have individual toilet articles. The respite care provider
shall encourage good health habits and personal hygiene.