Title 22, Title 22

The remedies provided under section 7948 are in addition to those otherwise available under state or federal law and may not be construed as limiting any other remedies including any remedy available to an individual at common law. Exhaustion of any available administrative remed…

The term "drug treatment center," as used in this subtitle, shall mean a residential facility, not licensed as a medical care facility under chapter 405, for the care, treatment or rehabilitation of drug users, including alcohol users.

1. Rules promulgated. The commissioner shall promulgate rules for drug treatment centers, which shall include but need not be limited to rules pertaining to administration, staffing, number of residents, quality of treatment programs, health and safety of staff and residents, com…

License fees and terms for drug treatment centers are governed by this section. [PL 2015, c. 267, Pt. RR, §2 (NEW).] 1. Provisional license. The application fee for a provisional license for a drug treatment center may not be less than $100 nor more than $280. The term of a provi…

All procedures and other provisions included in section 7855, subsections 1 and 2 for residential care facilities also apply to drug treatment centers.

No facility, except as provided for in section 8101, subsection 4, licensed as a drug treatment center shall be required to be licensed as a boarding care facility or a children's home. A drug treatment center, as part of its program, may provide a special education facility, pur…

As used in this subtitle, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 260, §4 (RPR).] 1. Children's home. "Children's home" means any residence maintained exclusively or in part for the board and care of one or more childr…

1. Rules. The department shall adopt rules for the various levels of children's residential care facilities, including, but not limited to, facilities that are private nonmedical institutions, in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375. Rules …

1. Procedures. 1-A. Inspection required. Except as provided in subsection 2‑A, the department may not issue a license to operate to a children's home until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials design…

1. Interagency licensing method. The Commissioner of Education and the Commissioner of Health and Human Services, or their designees, shall jointly establish a method for interagency licensing of residential child care facilities subject wholly or partly to licensing by both of t…

1. Rules. Any rule in effect immediately prior to the effective date of this section shall remain in effect until it is amended. 2. Licenses. Any license in effect immediately prior to the effective date of this section shall remain in effect unless it is revoked, suspended or ma…

The following exceptions to placement, as defined in section 8101, shall apply. [PL 1983, c. 629, §2 (NEW).] 1. Number; placement in children's homes. The limitations on the number of children in children's homes do not prohibit the placement of more than the allowed number if th…

An administrator or other staff designated by an administrator of a children's home or children's residential care facility may search a resident's backpack or travel bag upon the resident's return to the home or facility if there are reasonable grounds for suspecting that the ba…

License fees and terms for children's residential care facilities are governed by this section. [RR 2015, c. 1, §23 (RAL).] 1. Provisional license. The application fee for a provisional license for a children's residential care facility may not be less than $100 nor more than $28…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Federal Bureau of Investigation" means the United States Department of Justice, Federal Bureau of Investigation. [PL 2019, c. 399, §1 (NEW).] B. "…

As used in this subtitle, the term "child placing agency" means a facility which advertises itself or holds itself out as finding homes for or otherwise placing children under the age of 18, in homes where care is provided on the basis of 24 hours a day.

1. Rules promulgated. The department shall promulgate rules for child placing agencies which shall include, but need not be limited to, rules pertaining to the appropriateness of placement, the continued welfare of the child placed and licensing procedures. 2.

A licensed children's home may also be licensed as a child placing agency if the children's home complies with the law and rules applicable to child placing agencies.

1. License required. An individual who operates a child placing agency is subject to the licensing requirements of the department, as specified under this chapter and under chapter 1663. An individual who advertises or claims to perform the service of placing or finding homes for…

This section governs the collection and disclosure of information about the child's background. [PL 1995, c. 391, §3 (RPR).] 1. Information to be collected. The licensed child placing agency shall obtain medical and genetic information on the birth parents and the child. Specific…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Foster home" means a child's home that is a private dwelling where substitute parental care is provided within a family on a regular, 24-hour-a-da…

1. Definitions. 1-A. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Child care center" means: (1) A house or other place in which a person maintains or otherwise carries out a regular program, for…

The commissioner shall adopt rules for child care facilities and family child care providers according to this section. Nursery schools are subject to the requirements of chapter 1675 and this section, except that subsection 1, paragraph F does not apply to nursery schools. [PL 2…

A person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds is not required to be licensed as a family child care provider pursuant to section 8301‑A but is subject to the provisions of this section. [PL 2021, c. 35,…

A child care provider and any child care staff member subject to a criminal background check pursuant to sections 8302‑A and 8302‑B must pass a background check conducted in accordance with this section and rules adopted by the department under section 8302‑A. As used in this sec…

1. Child care facilities and family child care providers. The department shall adopt rules to establish reasonable fees for both initial licensure and license renewals for child care facilities and family child care providers. Rules adopted pursuant to this subsection are major s…

1. Inspection required. As an ongoing condition of licensure, the Commissioner of Public Safety must provide at least biennially to the department a written statement that the child care facility or family child care provider complies with applicable fire safety rules adopted pur…

The Office of Child Care Coordination annually shall evaluate the status of state financed or operated child care facilities and programs which are operated primarily as a service for children of state employees, and shall set forth plans for the development of additional facilit…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 700, Pt. A, §98 (NEW).] 1. Children. 2. Nursery school. "Nursery school" has the same meaning as in section 8301‑A, subsection 1‑A, paragraph D. A. [PL 2…

1. License required. 2. Term of license. 3. Requirements. In order to receive a license from the department, a nursery school must meet the requirements of chapter 1673 applicable to nursery schools and the following requirements. A. The department shall adopt rules regarding the…

The department shall establish rules and regulations for the administration of medication in nursery schools.

1. Inspection required. A license may not be issued by the department for a nursery school until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated in Title 25, section 2360, 2391 or 2392 to make fire s…

Notwithstanding any provision of this chapter or chapter 1673 or rules adopted pursuant to this chapter or chapter 1673, a nursery school that is accredited as a Montessori school by a national or international accreditation organization may apply to the commissioner for an exemp…

The Department of Health and Human Services shall provide, through social service contracts, emergency services for family members who cannot safely remain in their own homes because of violence, serious threat of violence or other serious family crisis. The emergency services sh…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 205, §1 (NEW).] 1. Alzheimer special care program. "Alzheimer special care program" means a special program or secure, locked or segregated unit within o…

1. Disclosure required. An entity that offers to provide or provides care for individuals with Alzheimer's disease or a related disorder through an Alzheimer special care program shall disclose the form of care or treatment it provides that distinguishes it as being especially ap…

As used in this subtitle, the term "adult day care program" means a program of care, activities and protection maintained or carried out on a regular basis by a person or combination of persons in a private dwelling or other facility, for consideration, for any part of a day for …

The Department of Health and Human Services, in consultation with adult day care providers, shall adopt rules for adult day care programs that include, but are not limited to, rules pertaining to the health and safety of the adult clients and staff, the quality of the program pro…

Beginning on July 1, 1988, no person or combination of persons may operate an adult day care program in this State without having obtained a license to operate an adult day care program from the Department of Health and Human Services.

The department shall charge a reasonable fee for a license. There may be differential fees charged to programs based on numbers of participants, type of license or other considerations.

1. Inspection required. A license may not be issued by the department for an adult day care program until the department has received from the Commissioner of Public Safety a written statement signed by one of the officials designated under Title 25, section 2360, 2391 or 2392 to…

1. Prohibited employment based on disqualifying offenses. An adult day care program shall conduct a comprehensive background check for direct access personnel, as defined in section 1717, subsection 1, paragraph A‑2, in accordance with state law and rules adopted by the departmen…

The Maine Hospice Council is established to coordinate a statewide hospice program of training, education and advocacy as a body politic and a public instrumentality of the State. For the purposes of this chapter, "council" means the Maine Hospice Council.

The council has the authority to adopt rules as necessary in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, to carry out its responsibilities.

The council shall meet at least once a year. Special meetings shall be held as deemed necessary by the council. The minutes of all proceedings of the council shall be a public record available and on file in the office of the council. Members of the council shall be compensated a…

The council shall prepare and adopt a biennial budget for presentation to the Governor and the Legislature as a request for appropriations sufficient to carry out its statutory responsibilities. The council may accept contributions of any type from any source to assist it in carr…