Current through 2024-13, March 27, 2024
A.
Child care
changes. Child Care Facilities must provide written notification to the
Department of the following, within 24 hours of occurrence:
1. Extended or permanent closure and expected
date of closure;
2. Any changes to
the heating system, any structural alterations, or any plans to use existing
space in the facility that have not been inspected and approved. This includes
any physical or structural changes in the building(s) or on the grounds such as
but not limited to remodeling, renovations, playground modifications, or
installation of a swimming pool.
3.
Any changes in phone numbers or email contact information.
B.
Mandatory report of
suspected Child abuse and/or neglect. Any Child Care Staff Member
suspecting abuse and/or neglect must immediately report this information to
Child Protective Intake, 1-800-452-1999, TTY 1-800-963-9490 which is staffed 24
hours a day, 7 days a week.
1. The Child Care
Facility must maintain documentation, not maintained in the Child's record,
that a report has been made.
2. All
reporting of suspected Child abuse and/or neglect, and serious injuries of a
Child who is under six months of age or otherwise non-ambulatory, must comply
with
22 MRS
§4011-A.
C.
Reporting adverse drinking water
results to the Department. For thoseChild Care Facilities required to
test well water in accordance with Sections 13(A) through (C) of this rule, the
Child Care Facility must report any unsatisfactory water quality levels to the
Department within 24 hours of receiving the result. Unsatisfactory water
quality results include any levels reported by the laboratory to exceed
standards within 10-144 CMR Ch. 231, Rules Relating to Drinking Water, App. A.
D.
Reporting wastewater
failure. The Child Care Facility must notify the Department and the
local plumbing inspector if the wastewater disposal system fails to operate
properly.
E.
Reporting legal
actions. The Child Care Facility must report, in writing, to the
Department any of the following legal proceedings brought against the Child
Care Facility or any Child Care Staff Member employed by the Child Care
Facility within 24 hours:
1. Any proceeding
that arises out of circumstances related to the care of Children in the Child
Care Facility; or
2. Any proceeding
that could affect the continued operation of the Child Care Facility; or
3. Arrests, indictments or
convictions for sexual or violent crimes involving Children or adults, or any
illegal acts involving Children, whether prosecuted or not;
4. Any arrest, indictment or conviction for
operating under the influence of intoxicants or with an excessive blood-alcohol
level (OUI), or for any other activity involving substance abuse;
5. Investigation by Child Protective
Services;
6. The removal of
Children from the Child Care Facility Licensee's care or custody by court
order;
7. Any protection from abuse
order or any other order that makes a Finding of domestic abuse or family
violence.
8. In addition to
notifying the Department in writing about any of the above legal proceedings,
the Child Care Facility must furnish the Department with written releases
permitting the Department to obtain information regarding any of the above
legal proceedings from any source.
9. Information that calls into question the
suitability of any Child Care Staff Member's ability to care for Children,
including:
i. Any condition related to
physical health, mental health or substance abuse that would interfere with
one's ability to perform one's duties safely;
ii. Any other information regarding the Child
Care Facility's circumstances or treatment of Children, such as the serious
injury or death of a Child in the Child Care Facility's care, to enable the
Department to determine whether there is a present threat to the health, safety
and welfare of Children.
10. If such information as described above
exists, the Child Care Facility must 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.
F.
Other
Notifications. The Child Care Facility must notify the Department of the
following within 24 hours of occurrence:
1.
All Child deaths and serious injuries that require medical care by a licensed
medical provider, following notification of emergency medical personnel and the
Child's parents/guardians;
2. Any
Child abuse and neglect allegations naming any Child Care Staff Member(s)
associated with the Child Care Facility, in addition to the immediate report to
Child Protective Intake required in Section 6(B) above;
3. Child to Child sexual behavior,
intentional exposure, or intentional contact;
4. Any violations of the Children's rights
listed in Section 10 of this rule;
5. Any change in ownership;
6. Any change in the person designated by the
Child Care Facility or the governing body as a qualified Director.
7. Any anticipated change of location:
a. If relocating due to an emergency that
rendered the licensed location temporarily unsuitable for operation;
or
b. If relocating permanently,
the Child Care Facility must submit an application for licensure of the new
location. The Child Care Facility may not operate until the Department issues a
new license for the new location.
c. Department action on report. In deciding
what action to take on a License under the foregoing circumstances, the
Department shall determine whether the Child Care Facility has presented
sufficient evidence to indicate that the problems which resulted in any of the
above have been adequately resolved such that the Child Care Facility will be
in compliance with these Rules.
