New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 16 - CHILD CARE LICENSING
Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS
Section 8.16.2.31 - LICENSURE REQUIREMENTS FOR HOMES
Universal Citation: 8 NM Admin Code 8.16.2.31
Current through Register Vol. 35, No. 18, September 24, 2024
A. LICENSING REQUIREMENTS:
(1) APPLICATION FORM: An applicant will
complete an application form provided by the licensing authority and include
payment for the non-refundable application fee. Applications will be rejected
unless all supporting documents are received within six months of the date
indicated on the application. A 45 day extension will be granted if the
licensee provides documentation to the licensing authority that documents were
submitted to the appropriate agencies in a timely manner but, through no fault
of their own, they have not received responses from these agencies.
(2) A home will submit a new application to
the licensing authority before changing anything required to be stated on the
license such as dates, capacity, operator, or address.
(3) BACKGROUND CHECK: In addition to the
basic requirements at
8.16.2.19 NMAC
of the general provisions an applicant will apply for a national criminal
records check. The licensing authority will provide a copy of the most current
version of the department's background check and employment history
verification provisions (8.8.3 NMAC), regulations, fingerprint instructions,
and forms for recording an employment history. The licensee will be responsible
for obtaining background checks on all staff members, educators, volunteers,
and prospective staff members, educators, volunteers, any person who may have
unsupervised physical access to children, and all adults residing in the home
as per the requirements outlined in the department's most current version of
the background check and employment history verification provisions. A
household member reaching the age of 18 must submit their background check in
accordance with the most current provisions of 8.8.3 NMAC within 30 days after
their eighteenth birthday. All requirements of the current background check and
employment history verification provisions pursuant to 8.8.3 NMAC must be met
prior to the issuance of an initial license. Prior to a staff member's
employment, a staff member must receive a notice of provisional employment or
obtain a background check in accordance with 8.8.3 NMAC. A background check
must be conducted in accordance with 8.8.3 NMAC at least once every five years
on all required individuals.
(4)
ZONING AND OTHER APPROVALS: An applicant will have:
(a) current written zoning approval from the
appropriate city, county or state authority;
(b) current written approval of the state
fire marshal office or other appropriate city, county or state fire-prevention
authority if applicable;
(c)
current written approval from the New Mexico environment department or other
environmental health authority for:
1)
Private water supply, if applicable;
2) Private waste or sewage disposal, if
applicable; and
3) A swimming pool,
if applicable.
(5) SCHEDULE: All applications for a new
license will include a description of the home's proposed activities and
schedule.
(6) INITIAL SURVEY: The
licensing authority will schedule a survey for a home when it receives a
complete application with all supporting documents.
B. CAPACITY OF A HOME:
(1) The number of children in a home, either
in total or by age, will not exceed the capacity stated on the
license.
(2) The licensing
authority will count all children in the care of the licensed home, including
the educator's own children under the age of six, in the capacity of a home,
even if the children are on a field trip or other outing outside the home. The
licensed capacity must not be exceeded by the presence of non-residential
school age children.
(3) A home may
be licensed for up to 12 children.
(4) A home licensed as a family day care home
under these regulations providing care for a maximum capacity of six children
may care for up to four children under the age of two providing a second
educator is present in the home and the home is licensed to provide such care.
A home licensed as a group day care home under these regulations providing care
for a maximum of 12 children may care for up to four children under age two
providing a second educator is present in the home and the home is licensed to
provide such care.
(5) A home must
have 35 square feet of activity and sleeping space per child, excluding
bathrooms, kitchens, halls and other built-in fixtures and offsets, with total
capacity limited to no more than 12 children. A home must have at least one
bathroom with a toilet and sink. For a home licensed for no more than six
children, one activity room will be measured. For a home licensed for 12
children, no more than two rooms will be measured. Children shall not be cared
for in unlicensed areas of the home.
(6) The home will have an outdoor play area,
which must be contained by a fence. Outside play areas must be on the premises
or approved by the licensing authority.
C. INCIDENT REPORTING REQUIREMENTS:
(1) The licensee will report to the
appropriate authorities the following incidents. After making a report to the
appropriate authorities, the licensee shall notify the licensing authority of
the incident giving rise to its report as soon as possible but no later than 24
hours after the incident occurred. A report should first be made by telephone
and followed with written notification. The licensee shall report any incident
that has threatened or could threaten the health and safety of children and
staff members, such as, but not limited to:
(a) a lost, or missing or unattended
child;
(b) a serious
injury;
(c) the abuse or neglect of
a child;
(d) fire, flood, or other
natural disaster that creates structural damages to a home or poses a health
hazard;
(e) any of the illnesses on
the current list of notifiable diseases and communicable diseases published by
the office of epidemiology of the New Mexico department of health;
(f) any legal action against a home,
household member, or staff members;
(g) any incident that could affect the
background check eligibility of any cleared person related to this
license;
(h) the use of physical or
mechanical restraints, unless due to documented emergencies or medically
documented necessity; or
(i) any
known change in an educator's health condition or use of medication that
impairs his or her ability to provide for the health, safety or welfare of
children in care.
(2) A
home will notify parents or guardians in writing of any incident, including
notifiable illnesses, that has threatened the health or safety of children in
the home. The licensee shall ensure that it obtains parent or guardian
signatures on all incident reports within 24 hours of the incident. The
licensee shall immediately notify the parent or guardian in the event of any
head injury. Incidents include, but are not limited to, those listed in
Paragraph (1) of Subsection C of 8.16.2.31 NMAC.
(3) Incident reports involving suspected
child abuse and neglect must be reported immediately to children's protective
services and local law enforcement. The licensing authority follows written
protocols/procedures for the prioritization, tracking, investigation and
reporting of incidents, as outlined in the complaint investigation protocol and
procedures.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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