Maine state law: family child care provider licensing under 22 MRS § 8301-A and 10-148 CMR Ch. 32

Per 22 MRS § 8301-A (Definitions) and § 8302-A (License required), a 'family child care provider' means a person who provides day care for 2 to 12 children, including children of the provider under 6 years of age, in a private family residence. The Maine Department of Health and Human Services, Office of Child and Family Services, administers licensure under 10-148 CMR Chapter 32 (Family Child Care Providers Regulations). Requirements include: criminal background checks (state and federal) for the provider and all household members 18 and older per 22 MRS § 8303-G; pre-service health and safety training; CPR/first aid certification; annual continuing education hours; on-site inspections by OCFS; fire-marshal inspection coordinated with the Office of the State Fire Marshal under 25 MRS § 2391 et seq.; written policies on discipline, illness, emergency procedures, and child-to-staff ratios. State ratios cap a single provider at no more than 2 infants and no more than 12 children total, with adjusted ratios for school-age children. Maine has NO statewide preemption statute equivalent to Colorado HB21-1222 explicitly classifying family child care homes as residential for ALL local zoning purposes. However, under the home-rule preemption test of 30-A MRS § 3001, a municipal ordinance that effectively prohibited a state-licensed family child care home would have to be evaluated against whether it 'would frustrate the purpose of any state law' — and Maine state policy in 22 MRS § 8301-A favors home-based child care. In practice most Maine municipalities permit a state-licensed family child care home as a permitted residential use.

Operating an unlicensed family child care home is a violation subject to civil penalties of up to $500 per day per 22 MRS § 8304-A, plus injunctive action by the Attorney General. License revocation, suspension, and refusal procedures are governed by 22 MRS § 8305.