Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
148 - OFFICE OF CHILD AND FAMILY SERVICES
Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS
Section 148-37-6 - DAILY OPERATIONS
Universal Citation: 10 ME Code Rules ยง 148-37-6
Current through 2024-13, March 27, 2024
A. Supervision of youth
The Facility must ensure adequate, developmentally-appropriate supervision of youth by direct care workers. See Section 7. Service Types for Facility-specific staff to youth ratios.
1. The Facility must retain a sufficient
number of qualified employees.
2.
Appropriate staff coverage must be in place at all times based on the following
factors:
a. The age, capabilities, functioning
levels, and program plans of the youth; and
b. The time of day and the size and nature of
the Facility.
3. The
Facility must ensure the availability of additional staff in the event of an
emergency or crisis in the Facility.
B. RELIGION. A youth has the right to practice the religion of their choosing. The Facility must not impose any religious observances or practices on residents nor restrict access to or provision of services based on participation in or observances of any religious practices and/or religious affiliation of or by the residents.
C. SEARCHES. A search may be conducted when staff have cause or concern that misappropriated articles are present or that certain items would endanger the health or safety of a youth or others. Following a search, staff may confiscate any items found in the youth's possession that are misappropriated or that pose a health or safety risk to the youth or others.
1. Every search and the
reasons therefore must be documented.
2. Routine or regularly scheduled safety
sweeps of common areas do not require documentation.
D. Food service and safety
1.
Food preparation. Facilities
preparing food must ensure it is prepared and served in a safe manner and in
accordance with applicable standards.
a. The
Facility must offer a nourishing, well-balanced diet that meets the daily
nutritional and special dietary needs of each youth. The Facility must make
provisions for youth with special dietary needs.
b. No youth is to be denied a meal or coerced
to eat for any reason.
2.
Meals and snacks. Youth must
be offered at least three meals in a 24-hour period. Additional food and
beverages must be available 24 hours per day. Youth may choose whether to eat
the offered meals unless otherwise directed by a physician.
3.
Perishable food. When a
program is supplying food, perishable items must be stored in sealed, labeled,
and dated containers at temperatures that protect against spoilage.
E. Transportation
1.
Vehicle requirements. All
vehicles used for the transportation of youth must be in a safe condition in
conformity with all applicable motor vehicle laws and equipped in a fashion
appropriate for the season.
2.
License requirements. Any person authorized by the Facility to
transport youth must be properly licensed to operate that class of
vehicle.
3.
Number of
passengers. The Facility must prohibit the number of persons in any
vehicle from exceeding the number of available seats in that vehicle.
4.
Smoking is prohibited in any
vehicle that transports youth.
5.
Seat belts. All youth and staff members must be properly secured
in a seat belt or child restraint system in compliance with
29-A
M.R.S. §2081.
F. Emergency preparedness
1.
Disaster, hazard, and evacuation
plans. The Facility must have a written disaster, hazard, and evacuation
plan. The disaster, hazard, and evacuation plan must be based on a Facility's
all-hazards risk and vulnerability assessment, must assign specific tasks and
responsibilities to personnel and must be developed with the assistance of
qualified community fire, health, and safety agencies. All plans and
communication/notification systems will be updated annually and have primary
and alternative means for communication/notification. At a minimum, the plan
must address the following:
a. Natural
disasters and man-made disasters, or other serious events, including active
weapons;
b. Security of medication
and records;
c. Safety of youth and
staff, including an evacuation plan and shelter in place plan;
d. Notification plan for staff, youth and
entities providing services to the Facility in emergencies;
e. How medication will be dispensed in the
case of an emergency;
f. Training
personnel and youth to report fires and other emergencies in accordance with
written emergency procedures;
g.
Training youth and personnel to evacuate the building, taking into account the
needs of each individuals' conditions that may impair their ability to evacuate
or their ability to understand the nature or purpose of the
evacuation;
h. Training personnel
on all shifts to perform assigned tasks during emergencies, including the use
and location of emergency equipment;
i. Accounting for the whereabouts of
personnel and youth during and after emergencies;
j. Coordination with emergency responders
including volunteer emergency health care providers;
k. Plans for notifying the Department and the
youth's guardian that youth have been evacuated from a Facility for any reason
other than a timed drill or exercise, after youth are safely
evacuated;
l. Plans for notifying
the State Fire Marshal's Office immediately after youth are safely
evacuated;
m. Provision of
necessities such as food and water to youth and staff for both shelter in place
and evacuation plans; and
n.
Alternate sources of energy to maintain temperatures for living and food
safety, lighting, alarm and sprinkler systems, and sewage/waste disposal or an
emergency plan for a safe alternate temporary location for the facility if heat
or other utilities are inoperable for more than 12 hours.
2.
Continuity of operation plan.
The Facility must have an appropriate plan for site and program for the
continuity of operation in the event of an emergency including:
a. Plans for ensuring sufficient personnel
and alerting a roster of volunteers to respond in the event of an emergency
including delegation of authority and succession plans;
b. Plans for the management of ensuing
medical and psychiatric emergencies;
c. Plans for the management of medical
records and medication; and
d.
Options for relocating youth, to include transfer and continuity of care
agreements.
G. FIRE SAFETY
1.
Fire
safety. The Facility must comply with all applicable life safety codes
and safety requirements including fire drills and smoke and carbon monoxide
detector use, placement, and maintenance.
2.
Fire Marshal's inspection.
Prior to initial operation, and prior to re-licensure thereafter, Facilities
must secure written documentation of compliance with the Life Safety Code after
an inspection by the State Fire Marshal's Office or designee to ensure
compliance with appropriate State and local regulations.
3.
Timed evacuation drills. The
Facility must conduct monthly, timed evacuation drills which must include
actual evacuation of youth to safe areas.
4.
Fire drill record. A record
of such emergency drills must be maintained, noting dates and time, evacuation
time and exits used, and participants.
5.
Posted information. The
Facility must conspicuously post emergency numbers in a place visible to
persons using the telephone, including telephone numbers for fire, police,
physicians, poison control, health agency and ambulance. Evacuation procedures
must be posted in conspicuous locations throughout buildings.
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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