2019 Maine Revised Statutes
TITLE 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1669: CHILDREN'S HOMES
22 §8101. Definitions

§8101. Definitions

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 children under the age of 18. "Children's home" does not include:  

A. A facility established primarily to provide medical care;   [PL 1981, c. 260, §4 (NEW).]

B. A youth camp licensed under section 2495; or   [PL 2009, c. 211, Pt. B, §19 (AMD).]

C. A school established solely for educational purposes except as provided in subsection 4.   [PL 1981, c. 260, §4 (NEW).]

[PL 2009, c. 557, §5 (AMD).]

2.  Emergency children's shelter.  "Emergency children's shelter" means a facility that operates to receive children 24 hours a day and that limits placement to 30 consecutive days or less. For purposes of this section, the definition of "children" includes a person under 21 years of age. "Emergency children's shelter" does not mean a family foster home or specialized children's home. If emergency shelter is a service provided by a children's residential care facility, the service is restricted to a designated physical area of the facility.  

[PL 2013, c. 179, §7 (AMD).]

3.  Family foster home.  "Family foster home" means a children's home, other than an Indian foster family home, that is a private dwelling where substitute parental care is provided within a family on a regular, 24-hour a day, residential basis. The total number of children in care may not exceed 6, including the family's legal children under 16 years of age, with no more than 2 of these children under the age of 2. "Family foster home" includes the home of a resource family whether the family provides foster care, kinship care, adoption or permanency guardianship services, as long as the home meets the requirements and standards for adoption of children in foster care. Family foster homes licensed by the Department of Health and Human Services or relatives' homes approved by the Department of Health and Human Services as meeting licensing standards are eligible for insurance pursuant to Title 5, section 1728-A. In any action for damages against a family foster home provider insured pursuant to Title 5, section 1728-A, for damages covered under that policy, the claim for and award of those damages, including costs and interest, may not exceed $300,000 for any and all claims arising out of a single occurrence. When the amount awarded to or settled for multiple claimants exceeds the limit imposed by this section, any party may apply to the Superior Court for the county in which the governmental entity is located to allocate to each claimant that claimant's equitable share of the total, limited as required by this section. Any award by the court in excess of the maximum liability limit must be automatically abated by operation of this section to the maximum limit of liability. Nothing in this subsection may be deemed to make the operation of a family foster home a state activity nor may it expand in any way the liability of the State or foster parent.  

[PL 2011, c. 187, §1 (AMD).]

3-A.  Indian foster family home.  "Indian foster family home" means a foster home licensed, approved or specified by the Indian child's tribe where substitute parental care is provided for an Indian child as defined in the Indian Child Welfare Act, 25 United States Code, Section 1901, et seq.  

[PL 1999, c. 392, §5 (NEW).]

4.  Children's residential care facility.  "Children's residential care facility" means a children's facility that provides board and care for one or more children on a regular, 24-hour a day, residential basis. For purposes of this section, the definition of "children" includes a person under 21 years of age. A children's residential care facility does not mean a family foster home, a specialized children's home or an emergency children's shelter. The term includes, but is not limited to:  

A. [PL 2007, c. 324, §13 (RP).]

B. An approved treatment facility under Title 5, section 20003, subsection 3;   [PL 2007, c. 324, §13 (AMD).]

C. A drug treatment center under section 8001;   [PL 2013, c. 179, §7 (AMD).]

D. [PL 2007, c. 324, §13 (RP).]

E. A residential facility under Title 34-B, section 1431; and   [PL 2013, c. 179, §7 (AMD).]

F. A children's residential treatment facility with secure capacity.   [PL 2013, c. 179, §7 (NEW).]

[PL 2013, c. 179, §7 (AMD).]

4-A.  Shelter for homeless children.  "Shelter for homeless children" means a facility designed to provide for the overnight lodging and supervision of children 10 years of age or older for no more than 30 consecutive overnights. For purposes of this section, the definition of "children" includes a person under 21 years of age.  

[PL 2013, c. 179, §7 (AMD).]

4-B.  Children's residential treatment facility with secure capacity.  "Children's residential treatment facility with secure capacity" means a children's residential care facility that provides a mental health intensive treatment program to a child whose diagnostic assessment indicates that the persistent pattern of the child's mental health presents a likely threat of harm to self or others and requires treatment in a setting that prevents the child from leaving the program. For purposes of this section, the definition of "children" includes a person under 21 years of age.  

[PL 2013, c. 179, §7 (AMD).]

5.  Specialized children's home.  "Specialized children's home" means a children's home where care is provided to no more than 4 moderately to severely handicapped children by a caretaker who is specifically educated and trained to provide for the particular needs of each child placed. The total number of children in a specialized children's home may not exceed 4, including the caretaker's legal children under 16 years of age, with no more than 2 children under the age of 2.  

[PL 1981, c. 260, §4 (NEW).]

SECTION HISTORY

PL 1975, c. 719, §6 (NEW). PL 1981, c. 260, §4 (RPR). PL 1983, c. 629, §1 (AMD). PL 1987, c. 778, §2 (AMD). PL 1989, c. 270, §15 (AMD). PL 1995, c. 301, §1 (AMD). PL 1999, c. 392, §§4,5 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 324, §§12-15 (AMD). PL 2009, c. 211, Pt. B, §19 (AMD). PL 2009, c. 557, §5 (AMD). PL 2011, c. 186, Pt. A, §1 (AMD). PL 2011, c. 187, §1 (AMD). PL 2013, c. 179, §7 (AMD).