Child Care / Day Care Permits & Licenses in Lewiston, ME

Complete guide to permits and licenses required to start a child care / day care in Lewiston, ME. Fees, renewal cycles, and agency contacts.

Certificate of Formation (LLC Registration)

Maine Secretary of State, Bureau of Corporations, Elections & Commissions
Required
Fee: $175.00-$175.00
Renewal: one time
Type: registration

Required for all LLCs. Annual report filing also required ($85 fee, due June 1 each year). Source: Maine LLC Act (31 M.R.S. § 1621 et seq.)

Annual Report Filing (LLC)

Maine Secretary of State, Bureau of Corporations, Elections & Commissions
Required
Fee: $85.00-$85.00
Renewal: annual
Type: registration

Applies to all domestic LLCs. Online filing available.

Child Care Facility License

Maine Department of Health and Human Services (DHHS), Office of Child and Family Services
Required
Fee: $25.00-$25.00
Renewal: annual
Type: license

Required for all child care facilities serving 3+ unrelated children (exemptions for parental/guardian care). Includes background checks, inspections, staff qualifications (e.g., CPR/first aid, orientation training). Capacity-based subtypes: family (<13 children), center-based. Effective rules as of Chapter 40 regulations.

Early Childhood Certification or Equivalent

Maine Department of Health and Human Services (DHHS), Office of Child and Family Services
May Apply
Fee: $0.00-$200.00
Renewal: one time
Type: permit

Directors need 3 college credits in child development or equivalent certification. All staff: comprehensive background check ($35-$67 via Maine State Police). Renewal every 3 years for certification.

Assumed Name (DBA) Registration

Maine Secretary of State, Bureau of Corporations, Elections & Commissions
May Apply
Fee: $20.00-$20.00
Renewal: one time
Type: registration

Renewal not required unless changes made. Applies to all businesses using DBAs.

State Tax Registration (Sales & Use Tax, Withholding)

Maine Revenue Services
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Child care services typically exempt from sales tax per MRS Ruling 2012-1. Register via MRS online portal. Annual reconciliation required.

Maine Sales and Use Tax Registration

Maine Revenue Services
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Child care services themselves are generally exempt from Maine sales tax under 36 M.R.S.A. § 1861(14), but if the business sells tangible personal property (e.g., food, supplies) to parents, it may be required to collect and remit sales tax. Most child care providers do not collect sales tax unless they sell taxable items.

Maine Employer Withholding Tax Registration

Maine Revenue Services
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

All employers in Maine must register and withhold state income tax from employee wages. This applies to child care LLCs that hire staff. Registration is done through the Maine Combined Registration Application.

Maine Unemployment Insurance Tax Registration

Maine Department of Labor - Center for Workforce Protections
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Employers must pay state unemployment insurance (SUI) tax. New employers are assigned a standard rate (3.0% in 2024) until experience-rated. Registration is required even for part-time or seasonal staff.

Maine State Income Tax Registration for Pass-Through Entities

Maine Revenue Services
Required
Renewal: one time
Type: registration

Maine does not impose a corporate income tax on LLCs (pass-through entities). Instead, income passes through to owners who report it on their personal Maine income tax returns. However, the LLC must still register with Maine Revenue Services if it has any tax obligations (e.g., withholding, sales tax). No separate 'entity-level' income tax is due for LLCs.

Maine Franchise Tax or Gross Receipts Tax

Maine Revenue Services
May Apply
Renewal: one time
Type: permit

Maine does not impose a franchise tax or gross receipts tax on LLCs. The franchise tax applies only to corporations. LLCs are not subject to this tax. This requirement does not apply to child care LLCs structured as LLCs.

Local Option Taxes (e.g., Local Business Privilege Tax)

Municipal Governments in Maine
May Apply
Fee: $10.00-$100.00
Renewal: one time
Type: registration

Most Maine municipalities do not impose a local business tax. However, some cities (e.g., Portland, Bangor) may require a local business license or privilege tax. The child care provider must check with their city or town clerk. This is separate from state-level taxes.

Maine Child Care Facility Licensing and Registration

Maine Department of Health and Human Services (DHHS), Division of Child Development and Early Learning (DCEL)
May Apply
Fee: $200.00-$500.00
Renewal: one time
Type: permit

All licensed child care centers and family child care homes must be licensed by DHHS. Requirements include background checks, health and safety standards, staff qualifications, and program curriculum. Exempt programs (e.g., drop-in centers under 6 hours) may not require full licensing but may still need registration. This is separate from tax obligations.

Zoning Compliance (Family Child Care Home)

Maine Department of Health and Human Services
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Local municipalities enforce zoning; contact city/town code enforcement officer. Many Maine towns permit family child care (up to 12 children) as home occupation.

Alarm System Permit/Registration

City of Portland Police Department
May Apply
Fee: $50.00-$100.00
Renewal: annual
Type: permit

Required by local fire dept/police in most jurisdictions for commercial occupancy.

Home Occupation Permit

City of Portland Planning & Urban Development
May Apply
Fee: $50.00-$50.00
Renewal: annual
Type: permit

Often integrated with zoning approval; confirms no excessive traffic/nuisance.

Workers' Compensation Insurance

Maine Department of Labor, Workers' Compensation Division
May Apply
Fee: $1.50-$5.00
Renewal: one time
Type: certificate

Required for all employers with one or more employees in Maine, including part-time and family members over 18. Sole proprietors without employees are exempt but may elect coverage. Child care operations are classified under NAICS 624410 (Child Day Care Services) for premium calculation.

General Liability Insurance

Maine Bureau of Insurance
May Apply
Fee: $500.00-$1500.00
Renewal: one time
Type: certificate

While not a standalone state law, Maine DHHS requires licensed child care providers to maintain liability protection as part of licensing standards. This is typically fulfilled through general liability insurance with minimum recommended limits of $1 million per occurrence. Required by Rule Chapter 101, Section 3.3.1 of the Maine Child Care Licensing Regulations.

Surety Bond (Child Care Licensing Bond)

Maine Department of Health and Human Services (DHHS)
May Apply
Fee: $100.00-$300.00
Renewal: one time
Type: certificate

A surety bond of $10,000 is required for all licensed child care centers and group homes. The bond ensures compliance with state child care regulations and may be used to cover unpaid fines or restitution. Not required for family child care homes (serving ≤6 children). See DHHS OCFS Form #06090-001.

Building Permit for Structural Modifications

Maine Department of Health and Human Services
May Apply
Fee: $50.00-$500.00
Renewal: one time
Type: permit

Required by local code enforcement; must meet state fire/safety standards. Submit plans to local building official.

Fire Safety Inspection and Permit

Maine Department of Public Safety - State Fire Marshal
Required
Fee: $0.00-$0.00
Renewal: annual
Type: permit

Local fire department conducts inspection using state checklist. Required for all child care facilities. Submit Form 67A to DHHS.

Health and Safety Inspection (Local Health Officer)

Maine Department of Health and Human Services
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Local health officer (often code enforcement) inspects sanitation, water quality, septic. Not all towns have dedicated health dept; defaults to code office.

Occupancy Permit/Certificate

Maine Department of Health and Human Services
May Apply
Fee: $50.00-$200.00
Renewal: one time
Type: permit

Issued by local code enforcement after zoning/building/fire approval. Ensures compliance with max capacity per state ratios.

Sign Permit

City of Portland, Maine Planning & Development
May Apply
Fee: $75.00-$75.00
Renewal: one time
Type: permit

Specific ordinance links unavailable without target city; universal in Maine municipalities per DHHS guidance.

Food Service Permit (if providing meals/snacks)

Maine Department of Health and Human Services
May Apply
Fee: $0.00-$0.00
Renewal: annual
Type: permit

Child care exempt from local restaurant licensing if compliant with DHHS food safety rules. Local health may inspect.

DOL Family and Medical Leave Act (FMLA) Compliance

Department of Labor (DOL)
May Apply
Renewal: one time
Type: permit

Requires eligible employees (12 months, 1,250 hours) to receive up to 12 weeks of unpaid, job-protected leave for qualifying reasons (e.g., birth, adoption, serious health condition). Child care providers must post notice and comply with leave requests.

Federal Child Care Licensing Reporting to Child Care and Development Fund (CCDF)

Department of Health and Human Services (HHS) / Administration for Children and Families (ACF)
May Apply
Renewal: one time
Type: filing

States must report licensed and license-exempt providers to HHS to qualify for CCDF funds. Providers accepting subsidies must be listed in state database. Not a direct federal license, but federal requirement tied to funding participation.

Annual Report Filing for LLC

Maine Secretary of State
Required
Fee: $85.00-$85.00
Renewal: annual
Type: permit

All domestic and foreign LLCs registered in Maine must file an Annual Report each year by June 1. This is a requirement for maintaining good standing. The report includes business address, registered agent, and principal office information.

Child Care Licensing Renewal

Maine Department of Health and Human Services (DHHS), Office of Child and Family Services
Required
Fee: $100.00-$100.00
Renewal: annual
Type: license

All child care providers operating as centers or group homes must maintain an active license. Renewal requires submission of updated background checks, staff training records, and compliance with Maine Child Care Rules (Chapter 18).

Fire Inspection

Local Fire Department / Maine State Fire Marshal
Required
Fee: $50.00-$200.00
Renewal: one time
Type: permit

Child care facilities are classified as Assembly Occupancies and require annual fire inspections per Maine Fire Code (NFPA 101). Inspection includes exits, fire alarms, extinguishers, and evacuation plans.

Health Inspection (Food Service)

Maine Department of Health and Human Services, Center for Disease Control and Prevention
May Apply
Renewal: one time
Type: permit

Facilities providing meals or snacks must comply with food safety regulations. Inspections cover kitchen sanitation, food storage, and staff hygiene. Required under Maine Child Care Rules Chapter 18, Section 18.10.

Commercial Auto Insurance

Maine Bureau of Motor Vehicles
May Apply
Fee: $1200.00-$2500.00
Renewal: one time
Type: certificate

Maine law requires all motor vehicles operated on public roads to carry liability insurance with minimum limits: $50,000 bodily injury per person, $100,000 per accident, and $25,000 property damage. Transporting children requires strict adherence; higher limits (e.g., $1 million) are strongly recommended due to risk exposure.

Professional Liability / Errors and Omissions Insurance

Maine Bureau of Insurance
May Apply
Fee: $500.00-$2000.00
Renewal: one time
Type: certificate

Not explicitly required by statute, but strongly recommended and often a de facto requirement during licensing review. Covers claims of negligence, supervision failure, or emotional harm. Maine DHHS may consider adequacy of risk management, including insurance, during licensing decisions.

Product Liability Insurance

Maine Bureau of Insurance
May Apply
Renewal: one time
Type: certificate

No specific state mandate for product liability insurance. However, if a child care business sells goods (e.g., baked items, child-made crafts), general liability or product liability coverage is necessary to protect against injury claims. Covered under standard commercial general liability policies.

Liquor Liability Insurance

Maine Department of Alcoholic Beverages and Cannabis Control
May Apply
Renewal: one time
Type: certificate

Not applicable to standard child care operations. Required only if the business holds a liquor license and serves alcohol (e.g., at a family event or facility with mixed-use). Most child care providers are prohibited from serving alcohol under licensing rules. If applicable, liquor liability insurance is mandatory under ABCC regulations.

Obtain an Employer Identification Number (EIN)

Internal Revenue Service (IRS)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: filing

Even single-member LLCs without employees may need an EIN if they elect corporate taxation or open a business bank account. Required for Maine child care licensing application.

Federal Tax Filing Obligations for LLC

Internal Revenue Service (IRS)
May Apply
Renewal: one time
Type: filing

By default, a single-member LLC is a disregarded entity and reports income on owner’s Form 1040 (Schedule C). Multi-member LLCs are treated as partnerships and must file Form 1065. Election to be taxed as S-corp requires Form 2553.

OSHA Workplace Safety Requirements for Child Care Facilities

Occupational Safety and Health Administration (OSHA)
May Apply
Renewal: one time
Type: permit

Employers must provide a safe workplace free from recognized hazards. Includes requirements for injury reporting (OSHA Form 300 if 10+ employees), hazard communication, emergency action plans, and bloodborne pathogens training if staff administer first aid. Child care-specific guidance includes safe sleep practices and sanitation.

Americans with Disabilities Act (ADA) Compliance

Department of Justice (DOJ)
Required
Renewal: one time
Type: permit

Must allow children with disabilities equal access unless it fundamentally alters services. Includes physical accessibility (ramps, door widths), policy modifications (service animals), and communication access. Guidance specifically addresses child care settings.

EPA Asbestos Operations and Maintenance (O&M) Program

Environmental Protection Agency (EPA)
May Apply
Fee: $200.00-$800.00
Renewal: one time
Type: permit

Under Asbestos Hazard Emergency Response Act (AHERA), all non-profit and public schools and child care facilities in pre-1981 buildings must inspect for asbestos, prepare an O&M plan, and conduct annual training for custodial staff. Applies to private facilities under 40 CFR Part 763 Subpart E.

EPA Lead-Based Paint Disclosure and Renovation Rules

Environmental Protection Agency (EPA)
May Apply
Fee: $100.00-$500.00
Renewal: one time
Type: permit

Renovators must be EPA-certified. Firms must be registered. Pre-renovation disclosure required for rental properties. Applies to child care facilities under the Renovation, Repair, and Painting (RRP) Rule (40 CFR 745.85).

FTC Compliance with Advertising and Consumer Protection Rules

Federal Trade Commission (FTC)
Required
Renewal: one time
Type: permit

Prohibits deceptive or unsubstantiated claims in advertising (e.g., "state-certified," "highest safety ratings"). Applies to websites, brochures, and social media. Child care providers must ensure all claims are truthful and evidence-based.

DOL I-9 Employment Eligibility Verification

Department of Homeland Security (DHS) / U.S. Citizenship and Immigration Services (USCIS)
May Apply
Renewal: one time
Type: permit

All employers must complete Form I-9 for each employee to verify identity and work authorization. E-Verify is not mandatory for child care providers unless federal contractor. Required under Immigration Reform and Control Act (IRCA).

DOL Fair Labor Standards Act (FLSA) Compliance

Department of Labor (DOL)
May Apply
Renewal: one time
Type: permit

Requires payment of federal minimum wage ($7.25/hr), overtime (1.5x regular rate after 40 hrs/week), and proper recordkeeping. Child care workers are covered under FLSA. Some exemptions may apply (e.g., small private non-residential child care).

Building Code Compliance Inspection

Maine Department of Public Safety - Building Code Enforcement
Required
Renewal: one time
Type: permit

Child care facilities must comply with the Maine Uniform Building and Energy Code (MUBEC). Inspections ensure structural safety, egress, and accessibility. Often coordinated through local authorities having jurisdiction (AHJ).

Federal Employer Identification Number (FEIN) Annual Tax Filings

Internal Revenue Service (IRS)
May Apply
Fee: $0.00-$0.00
Renewal: annual
Type: filing

Employers must file Form 941 (quarterly) for Social Security, Medicare, and federal income tax withholding. Form 940 (annually) for Federal Unemployment Tax (FUTA).

Maine Employer Withholding Tax Filings

Maine Revenue Services
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: filing

Employers must withhold state income tax and file periodic returns. Frequency depends on the total tax liability. Annual W-2 forms must be filed with Maine Revenue Services by January 31.

Maine Sales and Use Tax Filing

Maine Revenue Services
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: filing

Child care services are generally exempt from sales tax in Maine, but if taxable items are sold (e.g., merchandise, certain transportation fees), registration and filing are required.

Estimated Federal Income Tax Payments

Internal Revenue Service (IRS)
May Apply
Renewal: one time
Type: permit

LLC owners must make quarterly estimated tax payments if self-employment income is not sufficiently covered by withholding. Applies to sole proprietors and partners in multi-member LLCs.

Estimated Maine Income Tax Payments

Maine Revenue Services
May Apply
Renewal: one time
Type: permit

Owners of pass-through entities (like LLCs) must make quarterly estimated payments if tax liability exceeds thresholds. Form 1040ME-ES used for payments.

Staff First Aid and CPR Certification Renewal

Maine Department of Health and Human Services, Office of Child and Family Services
Required
Fee: $50.00-$100.00
Renewal: one time
Type: certificate

All staff must maintain current certification in pediatric first aid and CPR. Training must be from an approved provider (e.g., American Red Cross, American Heart Association).

Child Abuse and Neglect Reporting Training

Maine Department of Health and Human Services
Required
Fee: $0.00-$0.00
Renewal: one time
Type: certificate

All child care staff are mandated reporters under Maine law (22 M.R.S. § 4011). Training covers identification and reporting procedures for suspected abuse or neglect.

Record Retention for Child Care Records

Maine Department of Health and Human Services
Required
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Required records include enrollment forms, immunization records, incident reports, staff training logs, and daily attendance. Must be available for inspection.

Display of Child Care License and Other Postings

Maine Department of Health and Human Services
Required
Fee: $0.00-$0.00
Renewal: one time
Type: permit

The current child care license must be displayed in a prominent location. Also required: emergency procedures, staff qualifications, and parent complaint form (available from OCFS).

Local Zoning Compliance Verification

Municipal Zoning Office (varies by town/city)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Child care facilities must comply with local zoning laws. Some towns require special permits or conditional use approvals. Operators should verify status annually.

Background Checks for Staff and Substitutes

Maine Department of Health and Human Services
Required
Fee: $55.00-$55.00
Renewal: one time
Type: permit

All staff, volunteers, and household members in home-based care must undergo fingerprint-based background checks through DHHS. Results reviewed for disqualifying offenses.

Step-by-Step Compliance Guide

  1. Begin by obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS), as it’s required for most businesses.
  2. Ensure your advertising and consumer protection practices comply with the Federal Trade Commission (FTC), with fees varying based on specific circumstances.
  3. File your Federal Income Tax Return with the IRS, using Form 1120 or 1065, and be prepared for varying fees.
  4. Comply with the Americans with Disabilities Act (ADA) through the Department of Justice (DOJ), potentially incurring fees between $1000.00 and $10000.00.
  5. Understand your Federal Tax Filing Obligations for LLCs with the IRS, as fees will vary depending on your specific tax situation.
  6. Maintain Professional Liability/Errors & Omissions Insurance, with costs ranging from $500.00 to $2000.00, as required by the IRS.
  7. Adhere to Consumer Product Safety Commission (CPSC) Compliance for Children's Products, which has varying fees.
  8. Confirm there are no industry-specific federal licenses required for child care operations, as indicated by the U.S. Small Business Administration (SBA).

Common Mistakes to Avoid

  • Forgetting to file annual Federal Income Tax Returns with the IRS can lead to penalties.
  • Ignoring ADA compliance requirements can result in lawsuits and significant fines.
  • Failing to obtain an EIN when required can delay business operations and cause legal issues.
  • Assuming all federal licenses are costly; some, like those from the SBA, are free.
  • Overlooking FTC advertising compliance can lead to cease and desist orders and financial penalties.

Frequently Asked Questions

What is the cost of Professional Liability Insurance?

Professional Liability/Errors & Omissions Insurance, required by the IRS, typically ranges from $500.00 to $2000.00, but can vary based on coverage levels and the specifics of your business.

Is a federal license required to operate a child care in Lewiston, ME?

No, there are no industry-specific federal licenses required for child care operations, according to the U.S. Small Business Administration (SBA).

What does ADA compliance entail for a child care facility?

ADA compliance with the Department of Justice (DOJ) ensures your facility is accessible to individuals with disabilities, potentially incurring fees between $1000.00 and $10000.00 depending on necessary modifications.

How often do I need to file Federal Income Tax Returns?

Federal Income Tax Returns with the IRS are required annually, and the associated fees vary depending on your business structure and income.

What is the fee for obtaining an EIN?

The Internal Revenue Service (IRS) does not charge a fee to obtain an Employer Identification Number (EIN); it is a free service.

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