| Me. Rev. Stat. tit. 22 § 8101
Maine
Revised Statutes
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, by anyone other than a relative by blood, marriage or adoption.
"Children's home" does not include:
A.
A facility established primarily to provide medical care;
B.
A children's camp established solely for recreational and educational
purposes; 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 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.
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 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.
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.
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.
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.
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