Family child care in Cumberland County is licensed by the State of Maine, not by the county. Under 22 M.R.S. § 8301-A, a Family Child Care Provider license is required to care for 4 to 12 children under age 13 who are not residents of the provider's home; care for 3 or fewer such children is exempt from licensure.
Maine's Department of Health and Human Services (DHHS), Office of Child and Family Services, Division of Licensing and Certification, licenses all family child care providers under 22 M.R.S. § 8301-A. A license is required when a provider cares for 4 to 12 children under 13 years of age who are not the provider's own children or residents of the provider's home. Caring for 3 or fewer non-resident children, or up to 4 if at least 2 are siblings, is exempt from state licensure, provided no more than 3 of the children in care are under age 2. Licensed providers must pay the licensing fee under 22 M.R.S. § 8303-A, comply with rules adopted by the Commissioner (10-148 C.M.R. Ch. 33, Family Child Care Provider regulations), pass criminal background and child-protective-services record checks, meet fire safety and lead-paint standards, complete required training (orientation, CPR/first aid, mandated-reporter, abusive-head-trauma), and submit to at least one unannounced inspection between 6 and 18 months after licensure. A license is valid for two years. Cumberland County itself issues no day care permit. However, each municipality may impose home-occupation zoning requirements on top of state licensure — typical Cumberland County towns require that a licensed family child care home operate in an owner-occupied single-family dwelling and meet residential setback and parking standards. Maine's Shoreland Zoning Act (38 M.R.S. § 435 et seq.) may impose additional restrictions where the daycare home sits within 250 ft of protected waters. State child care subsidy reimbursement is administered by DHHS through the Child Care Subsidy Program (22 M.R.S. § 3737).
Operating an unlicensed family child care that meets the licensing threshold is a violation of 22 M.R.S. § 8301-A and may be enjoined; the commissioner may also seek civil penalties under 22 M.R.S. § 8307 and the matter may be referred for prosecution. DHHS may issue cease-and-desist orders, deny or revoke licensure, and pursue emergency administrative suspension where child safety is jeopardized. Municipal land-use violations are enforced under 30-A M.R.S. § 4452 ($100–$2,500/day).
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