22 M.R.S.A. § 8101

 

Maine Revised Statutes Annotated Currentness
Title 22. Health and Welfare
Subtitle 6. Facilities for Children and Adults
Chapter 1669. Children's Homes

§ 8101. Definitions

As used in this subtitle, unless the context otherwise indicates, the following terms have the following meanings.

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;

B. A youth camp licensed under section 2495; or

C. A school established solely for educational purposes except as provided in subsection 4.

2. Emergency shelter. "Emergency shelter" means a children's home 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 the age of 21 years of age. "Emergency shelter" does not mean a family foster home or specialized children's home and, if a service of a residential child care facility, is restricted to a designated physical area of the facility.

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 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.

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.

4. Residential child care facility. "Residential child care facility" means a children's home 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 residential child care facility does not mean a family foster home, a specialized children's home or an emergency shelter facility. The term includes, but is not limited to:

A. Deleted. Laws 2007, c. 324, § 13, eff. June 19, 2007.

B. An approved treatment facility under Title 5, section 20003, subsection 3;

C. A drug treatment center under section 8001; and

D. Deleted. Laws 2007, c. 324, § 13, eff. June 19, 2007.

E. A residential facility under Title 34-B, sections 1431 and 5601.

4-A. Shelter for homeless children. "Shelter for homeless children" means an emergency shelter 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.

4-B. Residential treatment facility with secure capacity. "Residential treatment facility with secure capacity" means a children's home 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.

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.

CREDIT(S)

1975, c. 719, § 6; 1981, c. 260, § 4; 1983, c. 629, § 1; 1987, c. 778, § 2; 1989, c. 270, § 15; 1995, c. 301, § 1; 1999, c. 392, §§ 4, 5; 2003, c. 689, § B-6, eff. July 1, 2004; 2007, c. 324, §§ 12 to 15, eff. June 19, 2007; 2009, c. 211, § B-19; 2009, c. 557, § 5.

HISTORICAL AND STATUTORY NOTES

2004 Main Volume

Laws 1981, c. 260, § 4, repealed and replaced this section, which prior thereto read:

"§ 8101. Definition of children's home

"As used in this subtitle, the term "children's home" shall mean a house or other place maintained wholly or partly for the purpose of boarding and caring for one or more children under the age of 16.

"The term shall not include boarding schools established solely for educational purposes, hospitals or other institutions established solely for medical care, or summer camps established solely for recreational and educational purposes."

Laws 1983, c. 629, § 1, in subsec. 3, deleted last sentence, which read: "In order to keep siblings together, this definition shall not prohibit the placement of more than the allowed number."

Laws 1987, c. 778, § 2, in subsec. 3, added the third to seventh sentences.

Laws 1989, c. 270, § 15, enacted subsec. 4-A.

Laws 1995, c. 301, § 1, added subsec. 4-B.

Laws 1999, c. 392, § 4, in subsec. 3, in the first sentence, inserted ", other than an Indian foster home,", in the fourth sentence, substituted "may not exceed" for "shall not exceed" and in the sixth sentence, substituted "must be" for "shall be".

Laws 1999, c. 392, § 5, inserted subsec. 3-A.

2010 Electronic Update                                                          

2003 Legislation

Laws 2003, c. 689, § B-6, provides:

"Sec. B-6. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words 'Department of Human Services' or 'Department of Behavioral and Developmental Services' appear or reference is made to either of those departments with reference to the duties transferred to the Department of Health and Human Services as set forth in this Act, they are amended to read or mean, as the case may be, 'Department of Health and Human Services.' The Revisor of Statutes shall implement this revision when updating, publishing or republishing statutes."

2007 Legislation

Laws 2007, c. 324, § 12 rewrote subsec. 2, which formerly read:

"2. Emergency shelter. 'Emergency shelter' means a children's home which operates to receive children 24 hours a day and which limits placement to 30 consecutive days or less. Emergency shelter shall not mean family foster home or specialized children's home and, if a service of a residential child care facility, shall be restricted to a designated physical area of the facility."

Laws 2007, c. 324, § 13 rewrote subsec. 4, which formerly read:

"4. Residential child care facility. 'Residential child care facility' means any children's home which provides board and care for one or more children on a regular, 24-hour a day, residential basis. A residential child care facility does not mean family foster home, specialized children's home or an emergency shelter facility. The term includes, but is not limited to:

"A. A residential care facility under Title 20, section 3125, subsection 5;

"B. An approved treatment facility under section 7103, subsection 4;

"C. A drug treatment center under section 8001;

"D. A community residence under Title 34, section 2105; and

"E. A residential facility under Title 34, section 2142, subsection 8."

Laws 2007, c. 324, § 14, in subsec. 4-A, added the second sentence.

Laws 2007, c. 324, § 15, in subsec. 4-B, added the second sentence.

Laws 2007, c. 324, § 18 provides:

"Sec. 18. Rules. The Department of Health and Human Services may adopt rules to implement the changes made in the Maine Revised Statutes, Title 22, section 8101 by this Act. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A."

2009 Legislation

Laws 2009, c. 211, § B-19, in subsec. 1, rewrote par. B, which formerly read:

"B. A children's camp established solely for recreational and educational purposes; or"

Laws 2009, c. 557, § 5, in subsec. 1, in the introductory paragraph omitted ", by anyone other than a relative by blood, marriage or adoption" from the end of the first sentence.

22 M. R. S. A. § 8101, ME ST T. 22 § 8101

Current with legislation through the 2009 Second Regular Session of the        
124th Legislature                                                              

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