APPROVED CHAPTER
MARCH 25, 2024 567
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 1378 - L.D. 2154
An Act to Make Corrections and Updates to the Laws Affecting Children and
Families
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-C MRSA §9-403, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 and
affected by PL 2019, c. 417, Pt. B, §14, is repealed.
Sec. 2. 22 MRSA §3931, sub-§15, as enacted by PL 2021, c. 457, §2, is amended
to read:
15. Rules. The department shall may adopt rules to carry out the purposes of this
chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5, chapter 375, subchapter 2‑A.
Sec. 3. 22 MRSA §8301-A, sub-§1-A, ¶B-1 is enacted to read:
B-1. "Emergency circumstances" means a situation in which the department
determines there are extenuating and urgent circumstances that necessitate a family
child care provider's or child care facility's having to relocate or the establishment of a
new family child care provider or child care facility. "Emergency circumstances"
includes, but is not limited to, a situation affecting the home or child care facility such
as a natural disaster, contamination, fire, water damage, unsafe environmental
conditions, a pandemic or the unplanned closure of another family child care provider
or child care facility.
Sec. 4. 22 MRSA §8301-A, sub-§6, as amended by PL 2021, c. 35, §21, is
repealed.
Sec. 5. 22 MRSA §8301-A, sub-§6-A is enacted to read:
6-A. Temporary license. The department may issue a temporary license to a licensed
child care facility or family child care provider in a new location or to a new child care
facility or family child care provider. The department may issue a temporary license, which
is valid pending final action on the application by the department, only under the following
conditions:
Page 1 - 131LR2691(03)
A. The licensed child care facility or family child care provider moves to a new location
and:
(1) All applicable standards have been met except a requirement that is dependent
on the action of an agency of State Government or a contractor of that agency; and
(2) Through no action by the child care facility or family child care provider that
causes a significant delay, timely issuance of a provisional or full license has been
delayed by the agency or contractor under subparagraph (1); or
B. Due to emergency circumstances, the licensed child care facility or family child
care provider moves to a new location or a new child care facility or family child care
provider is established and the department determines that:
(1) The child care facility or family child care provider has completed a criminal
background check as required by rules adopted pursuant to section 8302-A,
subsection 1, paragraph J and section 8302-A, subsection 2, paragraph K;
(2) The child care facility or family child care provider is eligible to provide child
care; and
(3) A preliminary evaluation of the facility or home finds that all applicable laws
and rules relating to minimum standards of health and safety have been met.
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Statutes affected:
Bill Text LD 2154, HP 1378: 22.3931, 22.8301
Bill Text ACTPUB , Chapter 567: 18-C.9, 22.3931, 22.8301