Maine Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Maine?

In Maine, childcare licensing is administered by the Department of Health and Human Services (DHHS), through the Office of Child and Family Services (OCFS) and its Children's Licensing and Investigation Services (CLIS) unit. CLIS is responsible for processing applications, conducting inspections, and enforcing compliance for all regulated childcare operations in the state.

Maine requires licensing for any person or entity that provides regular care for three or more children who are not the provider's own children. The licensing rules are set out in 10-148 C.M.R. Chapter 32 (for child care facilities) and 10-148 C.M.R. Chapter 6 (for family child care providers). The type of license you need depends on the setting, capacity, and hours of operation:

• Child Care Center: A facility (not the operator's residence) that provides care for 13 or more children under 13 years of age. This is the most common license type for larger commercial childcare programs.

• Small Child Care Facility: A facility (not the operator's residence) that provides regular care for 3 to 12 children under 13 years of age. Small facilities follow the same Chapter 32 rule but have slightly different ratio and staffing requirements than larger centers.

• Family Child Care Provider: A program operated in the provider's own home, caring for 3 to 12 children under 13 years of age (not counting the provider's own children). Family providers are licensed under Chapter 6.

• Nursery School: A program that serves 3 or more children between 33 months and 8 years of age, with sessions no longer than three and a half hours in duration. Nursery schools are licensed under Chapter 32 with specific provisions.

How to apply for a Maine childcare license

The Maine childcare licensing application process involves several steps. Plan for the process to take several weeks to several months, depending on how quickly you can meet all requirements.

1. 1

   Complete pre-licensing orientation and training

   Before applying, Maine requires prospective providers to complete an orientation that covers the licensing rules, health and safety basics, and the responsibilities of operating a childcare program. You must also complete the CCDF Health and Safety Orientation Training offered through the Maine Roads to Quality Professional Development Network (MRTQ).

2. 2

   Submit your application through the OCFS online portal

   Applications are submitted online through the Maine DHHS OCFS licensing portal. By registering for the portal, you can create, submit, and manage licensing applications, inspections, action plans, and inquiries. You will need to provide information about your facility, proposed capacity, staffing plan, and organizational structure.

3. 3

   Complete background checks for all staff and household members

   Comprehensive background checks, including fingerprinting, are required for all individuals providing direct care to children. For family child care homes, household members must also be checked. Currently, these background checks are conducted at no cost to providers through the OCFS process.

4. 4

   Pass the initial inspection

   A licensing inspector from DHHS will visit your facility to verify it meets all requirements for space, safety, equipment, and documentation. Any deficiencies must be corrected before your license can be issued.

5. 5

   Receive your license

   Once you have met all requirements and passed your inspection, OCFS will issue your childcare license. The license must be posted in a location visible to parents at your facility. Your licensed capacity, the ages of children you may serve, and your hours of operation will be specified on the license.

Maine staff-to-child ratio requirements

Maine sets specific staff-to-child ratios based on the ages of children in care and the type of facility. These ratios are defined in 10-148 C.M.R. Chapter 32, Section 7 and must be maintained at all times during operating hours. When a group contains a mix of ages, the ratio must be based on the age of the youngest child in the group.

Child care centers (13 or more children)

Additional supervision rules

• Two-staff minimum: At least two child care staff members must be present in the facility whenever seven or more children, regardless of age, are in attendance.

• Opening and closing allowance: A single staff member may provide care for six or fewer children, regardless of age, for up to one hour at the beginning and end of posted operating hours.

• Mixed-age groups: When children of different ages are grouped together, the ratio must be determined by the age of the youngest child in the group.

• Line of sight: In facilities serving 13 or more children, a staff member must be able to see and hear all children, be responsible for the ongoing activity, and be able to provide prompt intervention when needed.

These ratios are from Maine's Child Care Facility Licensing Rule (10-148 C.M.R. Chapter 32). Verify current ratios with OCFS, as they may be updated. For help planning your classroom staffing, try our ratio calculator.

Staff qualification requirements

Maine has tiered qualification requirements for directors and staff based on facility size and type.

Director qualifications

All directors must be at least 21 years of age. Education and experience requirements increase with facility size:

• Facilities serving 21-49 children: The director must hold an Associate's Degree in Early Childhood Education, or an AA/AS with at least 12 credits in Early Childhood Education plus two years of direct childcare experience, or a Child Development Associate (CDA) credential with three years of direct childcare experience, among other qualifying combinations.

• Facilities serving 50 or more children: The director must hold a Bachelor's degree in Early Childhood Education, or a BA/BS in a related field with 18 credit hours in Early Childhood Education and three years of direct childcare experience, or an AA/AS in Early Childhood Education with three years of experience, or a CDA credential with five years of experience.

Staff requirements

• Minimum age: Child care staff members must be at least 18 years of age (16 for aides working under direct supervision of a qualified staff member).

• Background checks: All staff must pass a comprehensive fingerprint-based background check through the FBI and state databases, including the National Crime Information Center (NCIC), the National Sex Offender Registry, and applicable state child abuse/neglect registries. Checks must be renewed at least every five years.

• CPR and First Aid: At least one staff member with current pediatric CPR and First Aid certification must be present at all times when children are in care. All staff are encouraged to hold these certifications.

• Mandated reporter training: All childcare staff in Maine are mandated reporters of child abuse and neglect and must complete mandated reporter training.

• CCDF Health and Safety Orientation: All staff must complete the on-demand CCDF Health and Safety Orientation Training provided through the Maine Roads to Quality Professional Development Network.

Ongoing training requirements

Maine requires all child care staff to complete ongoing professional development each year. The number of required hours depends on employment type:

• Full-time facility staff (20+ hours/week): 30 hours of training annually.

• Part-time facility staff (under 20 hours/week): 18 hours of training annually.

• Family child care providers: 12 hours of training annually.

Annual training must include a review of health and safety topics. CPR and First Aid certification hours count toward the annual requirement for the year they are completed. Training is tracked through the Maine Roads to Quality Professional Development Network (MRTQ).

Facility requirements

Your physical space must meet Maine's licensing standards before a license can be issued. Key requirements from 10-148 C.M.R. Chapter 32, Section 14 include:

• Indoor space: A minimum of 35 square feet of usable indoor activity space per child. This measurement excludes equipment, hallways, lockers, cubbies, door swings, closets, supply cabinets, corridors, bathrooms, staff-only areas, food preparation areas, and offices.

• Outdoor space: Outdoor play areas must be safely enclosed, free of hazards, and equipped with age-appropriate equipment. Outdoor play must be part of the daily schedule when weather permits.

• Age-appropriate equipment: All furniture, cribs, and play equipment must be safe, in good repair, and appropriate for the ages of children enrolled. Cribs and sleep equipment must meet current CPSC safety standards.

• Fire safety: Working smoke detectors and fire extinguishers must be installed and maintained. Regular fire drills are required and must be documented. The facility must have a posted evacuation plan.

• Health and sanitation: The facility must meet standards for sanitation, food preparation areas, diaper changing stations, handwashing facilities, and general cleanliness. Handwashing sinks must be accessible to children and staff.

• Safe sleep: Infants must be placed on their backs to sleep in approved cribs with no soft bedding, pillows, bumper pads, or toys. Staff must follow safe sleep practices as specified in the licensing rule.

Background check requirements

Maine's background check requirements for childcare providers meet both federal CCDBG Act standards and state law. OCFS administers the process, which currently is provided at no cost to providers.

• Who must be checked: All individuals delivering direct care services to children, including directors, teachers, aides, substitutes, and volunteers with unsupervised access. For family child care homes, all household members must also be checked.

• Fingerprint-based checks: The background check process includes fingerprinting that is submitted to both the state Bureau of Identification and the FBI for a national criminal history check.

• Registry checks: Screening includes the National Crime Information Center (NCIC), the National Sex Offender Registry, and applicable state child abuse and neglect registries.

• Renewal: Background checks must be renewed at least once every five years for all covered individuals.

• Timing: Background checks must be completed and cleared before a person has unsupervised access to children in care.

Health and safety requirements

Maine's licensing rules include detailed health and safety standards that all licensed programs must follow on a daily basis.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Records must be on file and available for inspection at all times.

• Medication administration: Medications may only be administered with written parent authorization. All medication administration must be documented, including the medication name, dosage, time given, and the staff member who administered it.

• Illness exclusion: Facilities must have a written illness exclusion policy. Parents must be notified promptly when their child becomes ill during the day, and children with contagious conditions must be excluded until they are no longer a risk to others.

• Handwashing: Proper handwashing procedures must be followed by staff and children, including before and after meals, after diaper changes, after using the restroom, and after outdoor play.

• Emergency procedures: Written emergency procedures must be posted and practiced regularly. Staff must know what to do in the event of a fire, severe weather, medical emergency, lockdown, or other crisis situation.

Record-keeping requirements

Maine licensing requires childcare operations to maintain detailed records that are available for review during inspections. Keeping these records organized and current is essential for maintaining compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry. These records must be maintained and retained as required by the licensing rule.

• Child enrollment records: Complete enrollment information for each child, including emergency contacts, authorized pickup persons, medical information, allergies, and immunization records.

• Staff records: Personnel files for every employee, including background check results, training documentation, certifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents, including details of what happened and what actions were taken.

• Fire drill logs: Documentation of every fire drill conducted, including the date, time, number of children and staff present, and evacuation time.

Inspections and compliance

Once licensed, your operation will be subject to ongoing monitoring by DHHS OCFS.

• Unannounced inspections: OCFS conducts unannounced inspections of licensed childcare operations during normal operating hours. Inspections can happen at any time and may cover any aspect of your operation.

• Action plans: If deficiencies are found during an inspection, the facility may be required to submit a corrective action plan and address issues within a specified timeframe.

• Enforcement: Repeated or serious violations can result in conditions on the license, suspension, revocation, or denial of license renewal. Violations posing an immediate threat to children can result in emergency action.

• Appeal rights: Providers have the right to appeal adverse licensing decisions through the process outlined in 10-148 C.M.R. Chapter 32, Section 21.

Rising Stars for ME: Maine's quality rating system

Rising Stars for ME is Maine's Quality Rating and Improvement System (QRIS), administered by OCFS and funded through the federal Child Care and Development Fund (CCDF) Block Grant. The program replaced the earlier "Quality for ME" system in 2023.

Rising Stars for ME uses a 5-star rating scale to recognize and support programs that go beyond basic licensing standards:

• Star 1: For legally operating license-exempt family child care programs caring for two or fewer unrelated children.

• Star 2: For licensed programs in compliance with the appropriate licensing rule. This is the baseline for all licensed providers.

• Stars 3-5: Progressively higher quality standards, recognizing programs that exceed minimum licensing requirements in areas such as curriculum, staff qualifications, family engagement, and learning environment.

Participation in Rising Stars for ME is voluntary for licensed providers. Programs that earn a Quality Certificate may qualify for higher subsidy reimbursement rates. Additionally, Maine taxpayers who enroll a child in a program with a Quality Certificate are eligible for a doubled child care tax credit on their state income tax return.

Resources

Here are key resources for Maine childcare providers:

• Maine DHHS OCFS - Child Care Licensing: The official state agency website for childcare licensing, including application forms, licensing rules, and provider resources. Visit maine.gov/dhhs/ocfs for the latest information.

• Maine Roads to Quality (MRTQ): Maine's professional development network for early care and education providers. MRTQ offers training, credentials, and support for childcare staff at all levels.

• Rising Stars for ME (QRIS): Maine's quality rating and improvement system. Learn about quality standards, apply for a Quality Certificate, and access quality improvement resources.

• Child Care Choices Maine: A resource for families and providers with information about childcare options, financial assistance, and provider support in Maine.

• CEI Child Care Business Lab: The Coastal Enterprises Inc. (CEI) offers business development resources specifically for Maine childcare providers, including financial planning and technical assistance.