5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: Per 22 M.R.S. §8301-A(1-A)(B), means a Child care center, nursery school, or small Child care facility, as defined in §§8301-A(1-A)(A), (F), and (E), respectively, as well as any program for Children under 5 located in a private school and programs that contract with one or more Child Development Services Systems sites (22 M.R.S. §8301-A(1-A)(B)). Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: Family Child Care Licensure is required for any individual providing care and protection for three (3) or more children under thirteen (13) years of age who are not the children of the provider or who are not residing in the provider’s home. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: N/A Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. 10-148 CMR Ch. 6, Child Care Affordability Program Rules SECTION 8: CHILD CARE PROVIDER QUALIFICATIONS AND REQUIREMENTS A License-Exempt Child Care Provider is a Recreational program through a municipality and has enrolled in Rising Stars for ME. G. License-Exempt Child Care Providers: Recreational Programs 1.Recreational programs participating in CCAP as License-Exempt Child Care Providers must comply with all requirements of this rule. 2.Recreational Programs must also comply with the following requirements: a. Maintain a maximum Group size of fifty (50) for School Age children. b. Maintain a ratio of one staff for every 15 Children (1:15). ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. A License-Exempt Child Care Provider is a Recreational program through a municipality. Statute exempts the Recreation program from licensing requirements when it is operated by a municipality. Recreation programs in Maine operated by municipalities provide out of school time care onsite in school district buildings. The recreation programs follow the health and safety guidelines set by the school district for school-age care. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. A License-Exempt Child Care Provider is a Recreational program through a municipality. Statute exempts the Recreation program from licensing requirements when it is operated by a municipality. Recreation programs in Maine operated by municipalities provide out of school time care onsite in school district buildings. The recreation programs follow the health and safety guidelines set by the school district for school-age care. Recreational programs participating in CCAP as License-Exempt Child Care Providers must comply with all requirements of the Child Care Affordability Program Rule, including CCDF required health and safety training and an annual site visit from Child Care Licensing. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. License-exempt family child care is for any individual providing care for one or two children under thirteen (13) years of age who are not the children of the provider or who are not residing in the provider’s home. If care is provided for 3 or more children, who are not the children of the provider, than licensure is required. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. The rules are implemented through Lead Agency. Statute exempts an individual from licensure who is caring for one or two children, who are not their own, on a regular basis. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Nonrelative CCAP License- Exempt providers must complete the CCDF required health and safety training and receive an annual site visit from Child Care Licensing. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. A Non-Relative In-home Child Care Provider, who provides Child Care Services in the Child’s home and must be: eighteen (18) years of age or older, a Maine resident, and providing Child Care Services to a family unit receiving CCAP. In addition, the provider cannot care for more than two (2) of their own children while providing services. A Relative In-home Child Care Provider, who is a Child(ren)’s grandparent, great grandparent, sibling (if living in a separate residence), aunt, or uncle who provides Child Care Services in the Child’s home and must be: eighteen (18) years of age or older, a Maine resident, and providing Child Care Services to a family unit receiving CCAP. In addition, the provider cannot care for more than two (2) of their own children while providing services ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. The rules are implemented through the Lead Agency. Current statute exempts any individual caring for two (2) or fewer children on a regular basis and for consideration from licensure. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Nonrelative CCSP License-Exempt providers must complete the CCDF required health and safety training and receive an annual site visit from Child Care Licensing.