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22 M.R.S.A. § 8101
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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:
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:
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.
2004 Main Volume
Laws 1981, c. 260, § 4, repealed and replaced this section, which prior thereto read:
"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."
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;
"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
"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
124th
Legislature