Ch. 31: Quality Rating and Improvement System: Rising Stars for ME

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Code of Maine Rules › -148 Department of Health and Human Services Rules › Ch. 31

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SECTION 1: PURPOSE and DEFINITIONS

Purpose

Maine’s Quality Rating and Improvement System (QRIS), Rising Stars for ME, is a rating system designed to:

Increase awareness of the basic Standards of Early Care and Education;

Recognize and support Early Care and Education Programs providing care above and beyond those Standards; and

Educate the community about the benefits of higher quality child care.

Rising Stars for ME is funded by the Child Care and Development Fund (CCDF) Block Grant Program and administered by Maine’s Department of Health and Human Service’s Office of Child and Family Services (OCFS). Rising Stars for ME’s purpose is to recognize Programs that provide quality care, encourage Program Owners to increase their level of quality, and provide parents with identifiable Standards of quality.

This rule relates to the participation of any Program with Rising Stars for ME, whether or not the Program is licensed by OCFS. Many Programs are required to be licensed by the State of Maine. This is not a licensing rule. This rule:

Outlines procedures for Programs’ enrollment with Rising Stars for ME;

Establishes Standards and Requirements for each Star Rating by Program type;

Explains how a Program can attain a Star Rating;

Explains how a Program can maintain its Star Rating or advance to the next Star Rating; and

Explains how to appeal their Star Rating.

Definitions

For purposes of this rule, the following terms have the following meanings:

Abuse or neglect means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including Title 17‑A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. “Abuse or neglect” also means threat to a child's health or welfare caused by child sex trafficking by any person, regardless of whether or not the person is responsible for the child

onal injury or impairment, sexual abuse or exploitation including Title 17‑A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. “Abuse or neglect” also means threat to a child's health or welfare caused by child sex trafficking by any person, regardless of whether or not the person is responsible for the child.

Accredited means that a Program voluntarily meets or exceeds national standards of quality, often surpassing state licensing requirements. Recognized accreditation for Maine’s QRIS are: American Montessori Society (AMS), the Council on Accreditation (COA), the National Association of Family Child Care (NAFCC), the National Association for the Education of Young Children (NAEYC) Accreditation+ tier; accreditation by any successor organizations to AMS, COA, NAFCC, or NAEYC; and Head Start programs that meet national Head Start standards.

Administrative Hearing means a proceeding pursuant to the Administrative Hearings regulations, 10-144 C.M.R. ch. 1. Refer to: https://www.maine.gov/sos/rulemaking/agency-rules/department-health-and-human-services-rules#144.

Adult means a person at least eighteen (18) years old and over.

American Montessori Society (AMS) means the holistic, experiential, child-centered system of education, developed by educator Dr. Maria Montessori.

Building Block Approach means all the Standards in each Star Rating must be met by the Program to advance to the next Star Rating.

Career Lattice means Maine’s Professional Development Network’s Career Lattice which awards levels of achievements to persons based on training and employment history or earned credentials. Refer to: https://mrtq.org/registry/

Certification Period is how long a Program’s Star Rating is valid for, as indicated on the Program’s QRIS certificate containing its Star Rating.

Child and Youth Assessment means an ongoing process that includes observation of a child and/or youth that provides information about development over time

ed on training and employment history or earned credentials. Refer to: https://mrtq.org/registry/

Certification Period is how long a Program’s Star Rating is valid for, as indicated on the Program’s QRIS certificate containing its Star Rating.

Child and Youth Assessment means an ongoing process that includes observation of a child and/or youth that provides information about development over time.

Child or Children means a person or persons under the age of thirteen (13).

Child Care and Development Fund (CCDF) means the federally funded, State-administered program that provides assistance to low-income families who need child care due to work, work-related training and/or attending school. Includes CCDF Mandatory, CCDF Discretionary, CCDF Matching, TANF Transfer Funds, and State funds used for State match and maintenance of effort.

Child Care Facility means a facility licensed as a Child Care Facility (including child care centers, nursery schools, small child care facilities, and other Programs) by the Department.

Child Care Facility Handbook means the document that includes policies, procedures, guidelines, guidance, or persons employed with a Program.

Child Care Staff Member means a person:

Not related to all Children for whom child care services are provided;

Employed by a Program for compensation;

Whose activities involve the direct care or supervision of Children; and

Who otherwise has unsupervised access to Children who are cared for, or supervised by, a Program.

Child Care Affordability Program (CCAP) means a Department Program that helps eligible families pay for child care so parents can work, go to school, or participate in a job training program. CCAP is also available for eligible families where the adult(s) are retired and are the legal guardian of a child

otherwise has unsupervised access to Children who are cared for, or supervised by, a Program.

Child Care Affordability Program (CCAP) means a Department Program that helps eligible families pay for child care so parents can work, go to school, or participate in a job training program. CCAP is also available for eligible families where the adult(s) are retired and are the legal guardian of a child.

Child Care Affordability Program License-Exempt Provider Agreement means the agreement between a Child Care Provider and the Department that outlines the conditions under which the Child Care Provider may receive a child care subsidy payment from the Department.

Children’s Licensing and Investigation Services (CLIS) means a team within the Department that licenses and oversees all Child Care Facilities and Family Child Care Providers in Maine, as well as Children's residential facilities, child placing agencies, and emergency shelters and homeless shelters for youth.

Child with Special Needs means a Child who:

Is up to thirteen (13) years of age who has been determined and documented by a qualified professional to be a “Child with a disability” as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. §1401);

Is eligible for early intervention services under Part C of the Individuals with Disabilities Education Act (20 U.S.C. §§1431, et seq.); is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §701);

Meets the definition of disabled under the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §12102); or

Is considered at-risk for health and/or developmental problems as a result of established biological risk factors, and/or as a result of identified environmental risk factors including, but not limited to, homelessness, abuse and/or neglect, lead poisoning, and prenatal drug or alcohol exposure

he definition of disabled under the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §12102); or

Is considered at-risk for health and/or developmental problems as a result of established biological risk factors, and/or as a result of identified environmental risk factors including, but not limited to, homelessness, abuse and/or neglect, lead poisoning, and prenatal drug or alcohol exposure.

Conditional means a license issued by the Department to a Family Child Care Provider or Child Care Facility for a term not to exceed twelve (12) months, which specifies when and what corrections the licensee must complete to achieve compliance. A conditional license may be issued by the Department, in accordance with 22 M.R.S. §7802.

Continuous Quality Improvement (CQI) Plan means a roadmap for systematically enhancing services, processes, and outcomes within the Program.

Council on Accreditation (COA) means the international, independent, nonprofit, human service accrediting organization.

Department means the Maine Department of Health and Human Services.

Department-approved means consent by the State Child Care Administrator or their designee.

Director means a person with primary responsibility for administering a Program and ultimate supervisory authority over any Child Care Staff Members. A Director may or may not be a Program Owner.

Early Care and Education means the care, education, protection, supervision, and guidance of Children from birth through school age.

Early Care and Education Program (Program) means any type of child care programming, such as by a Family Child Care Provider, License-Exempt Child Care Provider, Child Care Facility, Recreational Program, or Head Start.

Early Care and Education Program Improvement Plan means a Department-approved written strategic approach to ensure all Standards will be met by a Program to retain a specific Star Rating.

Family Child Care Provider means a person licensed as a Family Child Care Provider by the Department

ld Care Provider, License-Exempt Child Care Provider, Child Care Facility, Recreational Program, or Head Start.

Early Care and Education Program Improvement Plan means a Department-approved written strategic approach to ensure all Standards will be met by a Program to retain a specific Star Rating.

Family Child Care Provider means a person licensed as a Family Child Care Provider by the Department.

Family Survey means a series of questions distributed annually to, and completed by, families to gather input on the Program’s strengths and opportunities for improvement.

Head Start means the federal Program promoting school readiness of Children ages birth to five (5) from low-income families by enhancing their cognitive, social, and emotional development.

Infant means a Child six (6) weeks of age through twelve (12) months of age.

Infant and Toddler Maine Early Learning and Development Standards (IT MELDS) means, a guide for early childhood educators, families, education professionals, advocates, and all individuals invested in Maine’s early care and education to improve practice and programs for Infants and Toddlers, coordinated by Maine Roads to Quality Professional Development Network, jointly published by the Department and the Maine Department of Education in 2021. IT MELDS is available from the Department on request or can be accessed online at: https://www.maine.gov/doe/learning/earlychildhood/standards.

Informal Review means a review of all necessary documentation by the Department to determine if the Program Star Rating is accurate.

License means written permission by the Department, whether initial, renewal, temporary or conditional, that authorizes a person to be a Family Child Care Provider or operate a Child Care Facility. For purposes of this rule, license has the same meaning as the certification referred to in 22 MRS §8301-A

necessary documentation by the Department to determine if the Program Star Rating is accurate.

License means written permission by the Department, whether initial, renewal, temporary or conditional, that authorizes a person to be a Family Child Care Provider or operate a Child Care Facility. For purposes of this rule, license has the same meaning as the certification referred to in 22 MRS §8301-A.

License-Exempt Child Care Provider means:

A Maine resident;

Eighteen (18) years of age or older;

Who provides direct child care services, but is not required to be licensed under Maine law.

Licensing Violations means serious violations of the licensing rule for the Program that pose serious risk to Children.

Maine’s Professional Development Network (PDN) Registry means an online portal that uses a member’s work experience, education, and training histories, along with any professional credentials, to assign a level on the appropriate Career Lattice.

National Association for Family Child Care (NAFCC) means the national professional association dedicated to promoting quality child care by strengthening the profession of Family Child Care.

National Association for the Education of Young Children (NAEYC) means the national professional association dedicated to improving the well-being of all young Children, focusing on the quality of educational and developmental services for all Children from birth through age eight (8).

Office of Child and Family Services (OCFS) means the office within the Department that administers Rising Stars for ME.

Out-of-School-Time (OST) means a licensed Family Child Care Provider, or Child Care Facility, a License-Exempt Child Care Provider, or a Recreational Program children regularly attend when school is not in session.

Portfolio means documentation demonstrating that Standards at each Star Rating are or have been met.

Preschooler means a young Child from the age of three until kindergarten entrance

E.

Out-of-School-Time (OST) means a licensed Family Child Care Provider, or Child Care Facility, a License-Exempt Child Care Provider, or a Recreational Program children regularly attend when school is not in session.

Portfolio means documentation demonstrating that Standards at each Star Rating are or have been met.

Preschooler means a young Child from the age of three until kindergarten entrance.

Preschool Maine Early Learning and Development Standards (P MELDS) means Maine’s Early Learning and Development Standards, a guide for state and local early childhood educators’ efforts to improve practice and programs for young children from the age of three until kindergarten entrance, jointly published by the Department and the Maine Department of Education in 2024. P MELDS is available from the Department on request, or online at: https://www.maine.gov/doe/learning/earlychildhood/standards

Program Owner means a person with any ownership interest in a Program or whose name appears on any license issued by the Department for the Program.

Quality Rating and Improvement System (QRIS) means the system that utilizes Standards to evaluate and document the quality of Programs.

Recreational Program means a Program not licensed as a Family Child Care Provider or Child Care Facility because it is (1) a residential or overnight summer camp established solely for recreational and educational purposes, licensed in accordance with 10-144 CMR Chapter 208, Rules Relating to Youth Camps, Primitive, and Trip Camping, or (2) a Program offering relevant instruction to Children for the purpose of teaching a singular skill such as karate, dance or basketball.

Relative Child Care Provider means a License-Exempt Child Care Provider who:

Provides child care services to no more than two (2) of their grandchildren, great-grandchildren, nieces and nephews, or siblings;

Is eighteen (18) years of age or older;

Resides in Maine; and

Does not live with the relative Children for whom they care

pose of teaching a singular skill such as karate, dance or basketball.

Relative Child Care Provider means a License-Exempt Child Care Provider who:

Provides child care services to no more than two (2) of their grandchildren, great-grandchildren, nieces and nephews, or siblings;

Is eighteen (18) years of age or older;

Resides in Maine; and

Does not live with the relative Children for whom they care.

Requirement means activities and/or education a Program must conduct, provide, or receive in each Rising Stars for ME Standard to attain, maintain, or advance to the next Star Rating.

Restricted Rating means a licensed Program that falls below a Star 2 (two) Rating due to having a Conditional License. The Restricted Rating is for the duration of the Conditional License.

Rising Stars for ME means Maine’s QRIS, which assigns Programs a Rating of Star 1 (one) through 5 (five) Stars.

Rising Stars for ME Inclusive Practices Checklist means a document that expands on Rising Stars for ME QRIS with explicit indicators that focus on evidence-informed practices that support the inclusion of Children with special needs and/or disabilities. Rising Stars for ME Inclusive Practices Checklist can be found at: https://www.maine.gov/dhhs/ocfs/support-for-families/child-care/qris.

School age means a child that has entered kindergarten and is under thirteen (13) years old.

Standard means a level of achievement identified as necessary in Maine’s Rising Stars for ME Quality Rating and Improvement System.

Star Rating means a Program’s Rating of Star 1 (one) through 5 (five) Stars, assigned by the Department based on satisfaction of the Requirements for its Program type for that Star Rating as provided in this rule.

Self-assessment means the process of self-reflection to refine practices toward Program improvement and the provision of high-quality care

s for ME Quality Rating and Improvement System.

Star Rating means a Program’s Rating of Star 1 (one) through 5 (five) Stars, assigned by the Department based on satisfaction of the Requirements for its Program type for that Star Rating as provided in this rule.

Self-assessment means the process of self-reflection to refine practices toward Program improvement and the provision of high-quality care.

Site Visit means a formal in-person visit by the Department to a Program to review and assess the quality of child care being provided as well as compliance with Department rules and policies for providing such care.

State Child Care Administrator means the person in the Department responsible for administering the CCDF grant.

Technical Assistance means the provision of targeted and customized supports by a professional with subject matter and adult learning knowledge and skills to develop or strengthen processes, knowledge, application, or implementation of services by recipient.

Toddler means a Child thirteen (13) through thirty-six (36) months of age.

Volunteer means a person who helps or provides services without compensation in a Program.

Youth means a person who has reached their thirteenth (13th) birthday, but who has not yet reached their eighteenth (18th) birthday.

SECTION 2. REQUIRED ENROLLMENT and ELIGIBILITY REQUIREMENTS

Required Enrollment. The following Programs must be enrolled in Rising Stars for ME:

All Licensed Family Child Care Providers and Child Care Facilities in Maine, including Licensed Out-of-School Programs and Head Start Programs.

All License-Exempt Programs participating in the CCAP, excluding Relative Child Care Providers, but including:

Non-Relative License-Exempt Programs; and

Recreation Programs.

Eligibility Requirements. To be eligible to enroll with Rising Stars for ME, a Program must require all Child Care Staff Members to register with the Maine Professional Development Network. Programs must disenroll Staff Members who are no longer employed at or by the Program within 30 days

Relative Child Care Providers, but including:

Non-Relative License-Exempt Programs; and

Recreation Programs.

Eligibility Requirements. To be eligible to enroll with Rising Stars for ME, a Program must require all Child Care Staff Members to register with the Maine Professional Development Network. Programs must disenroll Staff Members who are no longer employed at or by the Program within 30 days.

SECTION 3: APPLICATION

Register. A Program may apply to Rising Stars for ME once all Child Care Staff Members are registered with the Maine Professional Development Network Registry.

Apply. A Program applies for enrollment in Rising Stars for ME by completing the application form at: https://www.risingstarsforme.org, and the self-assessment by using the Standards at each Star Rating. Separate applications for are required for each Program location if the Program operates in multiple locations.

Rating. Upon completion of the online application, the Program is assigned a Star Rating and provided information about what Requirements need to be met to advance to the next Star Rating.

Certificate. The Program is emailed a notification that the certificate indicating the Program’s Star Rating and Certification Period is available for download. The Department reserves the right to modify the Certification Period at any time due to a State of Emergency, required inspections, buying or selling of the Program, or compliance with a directed plan of action ordered by the Department’s licensing authority or a Program Improvement Plan as described in these rules.

E. Re-apply. A Program must re-apply for Rising Stars for ME within 30 days whenever there is a change in program type, i.e. from Family Child Care to Facility.

SECTION 4: STAR RATING STANDARDS and REQUIREMENTS

General

“Building Block Approach” Rating System

e with a directed plan of action ordered by the Department’s licensing authority or a Program Improvement Plan as described in these rules.

E. Re-apply. A Program must re-apply for Rising Stars for ME within 30 days whenever there is a change in program type, i.e. from Family Child Care to Facility.

SECTION 4: STAR RATING STANDARDS and REQUIREMENTS

General

“Building Block Approach” Rating System. Rising Stars for ME uses a “building block approach” rating system, meaning a Program must meet all Standards and Requirements for its Program type in each lower Star Rating, and all Standards and Requirements in the next Star Rating, to advance to the next Star Rating. For example, to advance to a Star 3 (three), a Program must meet all the Standards and Requirements for Star 3 (three) and demonstrate continued compliance with all Standards and Requirements for Star 2 (two) for its Program type.

a. Accredited Programs are Star 5 for as long as they remain Accredited.

Expiration. A Program’s Star Rating start and end date aligns with a Program’s child care License or a CCAP License-Exempt Provider Agreement. A Program must reapply for their Star Rating certificate at the time of their License renewal or at the time their CCAP License-Exempt Provider Agreement is updated, unless the Program:

No longer meets the Standards for the assigned Star Rating, as determined by the Department under these rules, or

Requests an earlier review and demonstrates to the Department that it has met the Standards necessary to advance to the next Star Rating.

No Fee. There is no fee to enroll with Rising Stars for ME.

Technical Assistance. Rising Stars for ME provides Technical Assistance to Programs by helping to identify needs for additional resources and supports to increase their level of quality. Technical Assistance is provided at the Department’s discretion.

Rising Stars for ME Standards

e Standards necessary to advance to the next Star Rating.

No Fee. There is no fee to enroll with Rising Stars for ME.

Technical Assistance. Rising Stars for ME provides Technical Assistance to Programs by helping to identify needs for additional resources and supports to increase their level of quality. Technical Assistance is provided at the Department’s discretion.

Rising Stars for ME Standards. Rising Stars for ME includes seven (7) Standards for Family Child Care and seven (7) Standards for Child Care Facilities by which a Program is evaluated to determine its Star Rating:

Standard 1: Learning Environment/Developmentally Appropriate Practice;

Standard 2: Program Evaluation;

Standard 3: Qualifications and Professional Development;

Standard 4: Administration and Business Practices;

Standard 5: Family Engagement and Partnership;

Standard 6: Child and Youth Assessment; and

Standard 7: Health, Safety, Nutrition, and Physical Activity.

Each Standard includes Requirements specific to the Program type. The Department determines the Program’s Star Rating based on meeting all Requirements for each Standard.

Family Child Care Providers. The following specific Requirements must be met by a Family Child Care Provider to attain and maintain the indicated Star Rating, or to advance to the next Star Rating. Family Child Care Providers are assigned a Star 2 (two) Rating due to being licensed by the Department. To advance to the next Star Rating, Family Child Care Providers must continue to meet all prior Star Rating Requirements in each Standard.

Star 2 Family Child Care

a. Meet all Eligibility Requirements of Section 2 of this rule.

Star 3 Family Child Care

a. Program activities and experiences guided by a general understanding of the developmental domains, provided by Maine’s Professional Development Network

ce to the next Star Rating, Family Child Care Providers must continue to meet all prior Star Rating Requirements in each Standard.

Star 2 Family Child Care

a. Meet all Eligibility Requirements of Section 2 of this rule.

Star 3 Family Child Care

a. Program activities and experiences guided by a general understanding of the developmental domains, provided by Maine’s Professional Development Network.

Methods for planning activities and experiences based on Children’s interests, skills, and abilities;

Program’s daily posted schedule supports child-centered play and exploration, both indoors and outdoors, and is responsive to the interests and developmental needs of the Children and Youth;

Materials/equipment are developmentally appropriate, accessible, and reflect all Children’s interests, skills, abilities, and represent Children, Youth and families served;

Program has a clearly written policy addressing suspension and expulsion that includes supports for Children with social, emotional, and/or behavioral health needs;

Program Owner and/or Director has completed all required training(s) relevant to all ages enrolled in Program;

P MELDS and IT MELDS documents referred to during activity planning;

Family Survey completed annually to gather input on Program’s strengths and opportunities;

Rising Stars for ME Inclusive Practices Checklist (2022, August) completed annually for the following categories: Prerequisites and two (2) other categories of choice

pleted all required training(s) relevant to all ages enrolled in Program;

P MELDS and IT MELDS documents referred to during activity planning;

Family Survey completed annually to gather input on Program’s strengths and opportunities;

Rising Stars for ME Inclusive Practices Checklist (2022, August) completed annually for the following categories: Prerequisites and two (2) other categories of choice. Rising Stars for ME Inclusive Practices Checklist can be found at: https://www.maine.gov/dhhs/ocfs/support-for-families/child-care/qris;

Program Continuous Quality Improvement (CQI) Plan written based on results of Family Survey and Rising Stars for ME Inclusive Practices Checklist;

Programs with Child Care Staff Members hold staff meetings at least quarterly and include discussions regarding the CQI Plan;

Program Owner at a level 3 (three) or above on Maine’s PDN Direct Care Career Lattice;

All Child Care Staff Members (if applicable) have written job description defining job responsibilities;

Program Owner has completed Department-approved training on laws and practices supporting inclusion;

Programs with Child Care Staff Members provide monthly opportunities for individual supervision, (if applicable);

Programs with Child Care Staff Members evaluated at least annually by supervisor to refine their skills through feedback and guidance, (if applicable);

Families are provided regular communication and updates on the Program that support varied literacy levels, abilities, family culture and home language;

Families are provided information on local and state resources related to individual Child and family needs;

At least once per year, collect, summarize, and incorporate into curriculum planning evidence of Children’s development in the following areas:

Social/Emotional;

Cognitive;

Physical (gross and fine motor; self-help skills);

Language/Communication Skills; and

Approaches to Learning

Nutrition/physical activity baseline Self-assessment completed annually and includes the development and implementation of an action

er year, collect, summarize, and incorporate into curriculum planning evidence of Children’s development in the following areas:

Social/Emotional;

Cognitive;

Physical (gross and fine motor; self-help skills);

Language/Communication Skills; and

Approaches to Learning

Nutrition/physical activity baseline Self-assessment completed annually and includes the development and implementation of an action plan to achieve one (1) strategy for improvement.

Star 4 Family Child Care

Approach to learning and development is articulated and shows evidence of intentional modifications to activity planning that represent Children served and their families (as appropriate);

Program Self-assessment based on NAFCC or AMS accreditation requirements conducted annually;

Rising Stars for ME Inclusive Practices Checklist completed annually;

Results from NAFCC or AMS self-assessment and all categories of the Rising Stars for ME Inclusive Practices Checklist included in its CQI Plan;

Program Owner at Level 4 or above on the Maine Professional Development Network Direct Care Career Lattice;

Program Owner and any Child Care Staff Member create annual professional development plan addressing their training and education goals;

Appropriate tool used to measure overall quality of business and professional practices annually;

Program Owner(s) or Director is/are on-site at least eighty percent (80%) of the time;

At least one (1) conference per year offered to families to discuss their Child’s cognitive, social emotional, and physical development and needs;

Program policy addressing participation in Individual Family Service Plans (IFSP) and Individualized Education Plans (IEP) in place;

At least twice per year, collect, summarize, and incorporate into curriculum planning evidence of the Children’s development in the following areas:

Social/Emotional;

Cognitive;

Physical (gross and fine motor; self-help skills);

Language/Communication Skills; and

Approaches to Learning

Nutrition/physical activity baseline Self-assessment completed annually; and in

Education Plans (IEP) in place;

At least twice per year, collect, summarize, and incorporate into curriculum planning evidence of the Children’s development in the following areas:

Social/Emotional;

Cognitive;

Physical (gross and fine motor; self-help skills);

Language/Communication Skills; and

Approaches to Learning

Nutrition/physical activity baseline Self-assessment completed annually; and includes the development and implementation of an action plan to achieve two (2) strategies for improvement.

4. Star 5 Family Child Care

A Family Child Care Provider must be Accredited to be Star 5. Accredited Family Child Care Providers are Star 5 for as long as they remain Accredited.

Child Care Facilities. The following specific Requirements must be met by a Child Care Facility to attain and maintain the indicated Star Rating, or to advance to the next Star Rating. Child Care Facilities are assigned a Star 2 (two) Rating due to being licensed by the Department. To advance to the next Star Rating, the Child Care Facility must continue to meet all prior Star Rating Requirements in each Standard.

Star 2 Child Care Facility

a. Meet all eligibility requirements of Section 2 of this rule.

Star 3 Child Care Facility

Program activities and experiences guided by a general understanding of the developmental domains;

Methods for planning activities and experiences based on Children’s interests, skills, and abilities;

Program’s daily posted schedule supports child-centered play and exploration, both indoors and outdoors, and is responsive to the interests and developmental needs of the Children and Youth;

Materials and equipment are developmentally appropriate, accessible, and reflect all Children’s interests, skills, abilities, and represent Children, Youth and families served;

Program’s policy addressing suspension and expulsion and supports available for Children with social, emotional, and/or behavioral health needs is clearly written;

Program Owner and/or Director has completed all required training(s) relevant to all ages e

lopmentally appropriate, accessible, and reflect all Children’s interests, skills, abilities, and represent Children, Youth and families served;

Program’s policy addressing suspension and expulsion and supports available for Children with social, emotional, and/or behavioral health needs is clearly written;

Program Owner and/or Director has completed all required training(s) relevant to all ages enrolled in Program,

P MELDS and IT MELDS documents referred to during activity planning;

At least one (1) Teacher in each Child age group completed Department-approved P MELDS or IT MELDS trainings;

Child Care Staff Member and Family Surveys are completed to gather input on Program’s strengths and opportunities, completed annually;

Rising Stars for ME Inclusive Practices Checklist completed annually for the following categories: Prerequisites and two (2) other categories of choice;

Continuous Quality Improvement (CQI) Plan written based on results of the Child Care Staff Member and Family Surveys and the Rising Stars for ME Inclusive Practices Checklist;

Child Care Staff Member meetings held at least quarterly and include CQI Plan discussions;

At least fifty percent (50%) of Directors and Lead Teachers working with Infants, Toddlers, or Preschoolers at level 5 (five) or above on the Maine PDN Direct Care Career Lattice;

For School age only programs, at least fifty percent (50%) of Lead Teachers and the Program Director at a level 3 (three) or above on the Maine’s PDN Direct Care Career Lattice;

All Child Care Staff Members given written job descriptions, defining job responsibilities;

Monthly opportunities for individual supervision provided to Child Care Staff Members;

All Child Care Staff Members evaluated at least annually by supervisor to refine their skills through feedback and guidance;

Program Director responsible for on-site Program administration has completed Foundations of Center-Based Care, or at least one (1) Child Care Leadership Institute (I, II, or III) with the Maine PDN or demonstrates completion of com

sion provided to Child Care Staff Members;

All Child Care Staff Members evaluated at least annually by supervisor to refine their skills through feedback and guidance;

Program Director responsible for on-site Program administration has completed Foundations of Center-Based Care, or at least one (1) Child Care Leadership Institute (I, II, or III) with the Maine PDN or demonstrates completion of comparable college course work;

Program Director responsible for on-site Program administration, has completed Department-approved training on laws and practices on inclusion;

Families provided regular communication and updates on Program in ways that support varied literacy levels, abilities, family culture and home language;

Information provided to families on local and state resources related to individual Child and family needs;

At least annually, Program collects, summarizes, and incorporates into curriculum planning evidence of Children’s development in the following areas:

Social/Emotional;

Cognitive;

Physical (gross and fine motor; self-help skills);

Language/Communication Skills; and

Approaches to Learning

Nutrition/physical activity baseline Self-assessment completed annually and includes the development and implementation of an action plan to achieve one (1) strategy for improvement; and

Child Care Facility Handbook includes a policy describing how Program meets the dietary needs of children and youth, taking into consideration diverse food and nutrition as determined by culture, religion, special needs or disabilities.

Star 4 Child Care Facility

Program has articulated approach to learning and development, and shows evidence of intentional modifications to activity planning that Children served and their families (as appropriate);

b

ng how Program meets the dietary needs of children and youth, taking into consideration diverse food and nutrition as determined by culture, religion, special needs or disabilities.

Star 4 Child Care Facility

Program has articulated approach to learning and development, and shows evidence of intentional modifications to activity planning that Children served and their families (as appropriate);

b. Self-assessment, based on NAEYC, COA, or AMS accreditation standards or the Head Start Performance Standards, conducted annually;

Rising Stars for ME Inclusive Practices Checklist completed annually;

Includes results from NAEYC/AMS/COA/Head Start Performance Standards Self-assessment and all categories of the Rising Stars for ME Inclusive Practices Checklist in its CQI Plan;

At least fifty percent (50%) of all regular Child Care Staff Members working with Infants, Toddlers, or Preschoolers are at level 5 (five) or above on the PDN Direct Care Career Lattice,

For School age only programs, at least fifty percent (50%) of all regular Child Care Staff Members are at least a level 3 (three) on the Maine’s PDN Direct Care Career Lattice;

All Child Care Staff Members create an annual professional development plan addressing their training and education goals;

Child Care Staff Members with curriculum planning responsibilities provided at least one (1) paid hour per week to dedicate to curriculum planning;

A benefit package including at least two (2) benefits is offered to Staff Members

on the Maine’s PDN Direct Care Career Lattice;

All Child Care Staff Members create an annual professional development plan addressing their training and education goals;

Child Care Staff Members with curriculum planning responsibilities provided at least one (1) paid hour per week to dedicate to curriculum planning;

A benefit package including at least two (2) benefits is offered to Staff Members. Benefits may include, but are not limited to: reduced child care rates for children of child care staff members; tuition reimbursement; mileage reimbursement for travel to training/education; health, dental, and/or disability insurances; access to Staff Assistance program; retirement plan; paid time off beyond what is otherwise minimally legally required; and paid holidays;

Child Care Staff Members offered opportunities to participate in development and revision of Program policies;

Families of Infants, Toddlers, and Preschoolers offered at least two (2) conferences per year to discuss their Child’s cognitive, social, emotional, and physical development needs;

Families of School age Children offered at least one (1) conference per year;

Program’s policy addresses its participation in IFSP/IEP plans;

At least twice (2) per year, the Program collects, summarizes, and incorporates evidence of Children’s development into curriculum in the following areas:

Social/Emotional;

Cognitive;

Physical (gross and fine motor; self-help skills);

Language/Communication Skills; and

Approaches to Learning

Nutrition/physical activity baseline Self-assessment completed annually and used to develop and implement an action plan to achieve two (2) strategies for improvement.

Star 5 Child Care Facility

a. A Child Care Facility must be Accredited to be Star 5. Accredited Child Care Facilities are Star 5 for as long as they remain Accredited.

E. License-Exempt Child Care Programs. The following specific Requirements must be met by a License-Exempt Child Care Program to attain and maintain a Star 1 rating

ment an action plan to achieve two (2) strategies for improvement.

Star 5 Child Care Facility

a. A Child Care Facility must be Accredited to be Star 5. Accredited Child Care Facilities are Star 5 for as long as they remain Accredited.

E. License-Exempt Child Care Programs. The following specific Requirements must be met by a License-Exempt Child Care Program to attain and maintain a Star 1 rating.

Star 1 License-Exempt Child Care Program

All direct care Child Care Staff Members and Directors have current Department-approved certification in Infant, Child, and Adult CPR and first aid;

Read and signed documentation/contract to participate with the CCAP;

All direct care Child Care Staff Members and Directors must complete an initial required Department-approved, Health and Safety Basics online training within 90 days of employment and complete a required renewal training each year thereafter.

Star 2 License-Exempt Child Care Program

To advance their Star Rating, License-Exempt Programs must become licensed.

SECTION 5: PORTFOLIO AND SITE VISITS

Portfolio. A portfolio must be created and maintained by the Program and meet the following requirements:

Provides evidence that Standards at each Star Rating are met;

May be kept electronically or as a hardcopy;

Available if the Program is randomly selected for review by OCFS; and

Available if the Program is randomly selected for a Site Visit by OCFS.

Site Visits. The Department will conduct in person Site Visits to Programs.

The purposes of a Site Visit are to:

Review and assess the quality of child care being provided as well as compliance with Department rules and policies;

Review the portfolio to validate the Program’s Self-assessment, completed with the Rising Stars for ME application;

Ensure completion of the Department’s checklist of Requirements and Standards; and

Observe a typical Program’s daily activities, routines, and interactions between Child Care Staff Members and Children

ild care being provided as well as compliance with Department rules and policies;

Review the portfolio to validate the Program’s Self-assessment, completed with the Rising Stars for ME application;

Ensure completion of the Department’s checklist of Requirements and Standards; and

Observe a typical Program’s daily activities, routines, and interactions between Child Care Staff Members and Children.

When a Program is selected for a Site Visit, the Department will:

Contact the Program to arrange a date and time for the visit, and provide written notice announcing the Site Visit to the Program no less than thirty (30) calendar days prior to the Site Visit;

Advise the Program what information and materials must be provided to the Department employee during the Site Visit; and

Notify the Program when to expect a written summary of the Site Visit, and send a letter summarizing the Site Visit to the Program within ten (10) business days.

3. Programs may also request Site Visits on their own initiative. When a Site Visit is requested by a Program, the Department will not necessarily provide written notice announcing the Site Visit thirty (30) days prior to the Site Visit.

SECTION 6: DIFFERENTIAL RATES FOR QUALITY REIMBURSEMENT

A. Differential Rates: The Department pays a differential rate for child care services that meet, or that make substantial progress toward meeting, the standards in this Rule, as determined by their Star Rating. The Department pays Programs for child care services under Maine’s CCAP Rules10-148 C.M.R. ch. 6. The CCAP Rules contain quality differential rates based on a Program’s Star Rating.

SECTION 7: RULES AND VIOLATIONS

Licensed Programs. Programs enrolled in Rising Stars for ME must comply with licensing rules.

Rules. Licensed Children Care Services in Maine are provided by Family Child Care Providers or Child Care Facilities. Child Care Facilities are subject to 10-148 C.M.R. ch

148 C.M.R. ch. 6. The CCAP Rules contain quality differential rates based on a Program’s Star Rating.

SECTION 7: RULES AND VIOLATIONS

Licensed Programs. Programs enrolled in Rising Stars for ME must comply with licensing rules.

Rules. Licensed Children Care Services in Maine are provided by Family Child Care Providers or Child Care Facilities. Child Care Facilities are subject to 10-148 C.M.R. ch. 32, Child Care Facility Licensing Rule—Child Care Centers, Nursery Schools, Small Child Care Facilities, Other Programs. Family Child Care Providers are subject to 10-148 C.M.R. ch. 33, Family Child Care Provider Licensing Rule. The Department enforces those rules, including violations, under their own terms. In addition to any enforcement action taken by the Department pursuant to those rules, the Department may pursue any of the following actions with respect to the Program’s enrollment with Rising Stars for ME based on a Licensing Violation:

Provide Technical Assistance; or

Require Technical Assistance with the Maine Professional Development Network or other Department-approved agencies.

Conditional License. A Program issued a Conditional License will be given a Restricted Rating on Rising Stars for ME.

1. A Program must inform families of any change in its Rising Stars for ME status. The Program must revise any publications used for marketing that refer to participation in Rising Stars for ME.

SECTION 8: APPEALS

Informal Review. A Program may request an Informal Review of its Star Rating by contacting the State Child Care Administrator in writing.

The Department will review all appropriate documentation related to the Star Rating of the Program to determine if the correct Star Rating has been assigned.

The Department will notify the Program of its decision on the Informal Review in writing within thirty (30) business days.

During the Informal Review process, the requested Program will remain at the higher Star Rating.

Administrative Hearing

The Department will review all appropriate documentation related to the Star Rating of the Program to determine if the correct Star Rating has been assigned.

The Department will notify the Program of its decision on the Informal Review in writing within thirty (30) business days.

During the Informal Review process, the requested Program will remain at the higher Star Rating.

Administrative Hearing. If the Program is not satisfied with the outcome of the Informal Review, they may pursue further appeal by requesting an Administrative Hearing.

A Program must request an Informal Review and obtain a decision before requesting an Administrative Hearing.

To appeal the result of an Informal Review, the Program must request an Administrative Hearing within ten (10) calendar days of receiving the Department’s decision.

Subsequent appeal proceedings will be limited only to those issues raised in the Informal Review.

The Office of Administrative Hearings shall notify the Program in writing of the date, time, and place of the hearing, and shall designate a hearing officer.

The hearing shall be held in conformity with the Maine Administrative Procedures Act, 5 M.R.S.A. §8001 et seq. and the Administrative Hearings Regulations, 10-144 C.M.R. ch. 1.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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