Current through Register Vol. 35, No. 18, September 24, 2024
A. ADMINISTRATIVE RECORDS: A licensee will
post the child care home license in an area readily visible to parents and
visitors. The licensee will also keep on file:
(1) all licenses, certificates, and most
recent inspection reports of all state and local government agencies with
jurisdiction over the home;
(2) the
current child care regulations;
(3)
the guidance policy;
(4) the
current list of notifiable diseases and communicable diseases published by the
office of epidemiology of the New Mexico department of health; and
(5) an up to date emergency evacuation and
disaster preparedness plan, which shall include steps for evacuation,
relocation, shelter-in-place, lock-down, communication, reunification with
parents, individual plans for children with special needs and children with
chronic medical conditions, accommodations of infants and toddlers, and
continuity of operations. The plan shall be approved annually by the licensing
authority and the department will provide guidance on developing these
plans.
B. MISSION,
PHILOSOPHY AND CURRICULUM STATEMENT: All licensed facilities must have a:
(1) mission statement;
(2) philosophy statement; and
(3) curriculum statement.
C. PARENT HANDBOOK: All facilities
using these regulations must have a parent handbook. Upon updating the parent
handbook, changes must be approved and submitted to licensing and submitted to
the licensing authority. After any changes, notices must be sent out to
families, parents, or guardians and posted in a common area. The handbook will
include the following:
(1) GENERAL
INFORMATION:
(a) mission statement;
(b) philosophy statement;
(c) program information (location, license
information, days and hours of operation, services offered);
(d) name of licensee and how he/she may be
reached;
(e) meals, snacks and
types of food served (or alternatively, guidelines for children bringing their
own food);
(f) daily
schedule;
(g) a statement
supportive of family involvement that includes an open door policy to the
family or group child care home;
(h) appropriate dress for children, including
request for extra change of clothes;
(i) celebrating holidays, birthdays and
parties; and
(j) disclosure to
parents that the licensee does not have liability or accident insurance
coverage.
(2) POLICIES
AND PROCEDURES:
(a) enrollment
procedures;
(b) disenrollment
procedures;
(c) policies and
procedures for expulsion of children. Policies and procedures shall include how
the home will maintain a positive environment and will focus on preventing the
expulsion of children age birth to five. The home must develop policies that
include clear, appropriate, consistent expectations, and consequences to
address disruptive student behaviors; and ensure fairness, equity, and
continuous improvement;
(d) fee
payment procedures, including penalties for tardiness;
(e) notification of absence;
(f) fee credits, if any (e.g. for vacations,
absences, etc.);
(g) field trip
policies;
(h) health policies
(program's policies on admitting sick children, when children can return after
an illness, administering medication, and information on common
illnesses);
(i) emergency
procedures, safety policies, and disaster preparedness plan;
(j) snow days and school closure;
(k) confidentiality policy;
(l) child abuse/neglect reporting
procedure;
(m) guidance policy;
and
(n) anti-discrimination policy
that promotes the equal access of services for all children and families and
prohibits discrimination based on race, color, religion, sex (including
pregnancy, sexual orientation, or gender identity), national origin,
disability, or age (40 or older).
D. CHILDREN'S RECORDS: A home will maintain a
complete record for each child, including drop-ins, completed before the child
is admitted and kept at the home for 12 months after the child's last day of
attendance. Records will contain at least:
(1)
PERSONAL INFORMATION:
(a) name of the child,
date of birth, gender, home address, mailing address and telephone
number;
(b) names of the parents or
guardians, the parents or guardians current places of employment, addresses,
pager, cellular and work telephone numbers;
(c) a list of people authorized to pick up
the child and an authorization form signed by parent or guardian;
identification of person authorized by the parent or guardian to pick up the
child shall be verified at pick up;
(d) date the child first attended the home
and the date of the child's last day at the home;
(e) a copy of the child's up-to-date
immunization record or a public health division approved exemption from the
requirement. A grace period of a maximum of 30 days will be granted for
children in foster care, homeless children and youth, or at-risk children and
youth as determined by the department;
(f) a record of any accidents, injuries or
illnesses that require first aid or medical attention and any observations of
recent bruises, bites or potential signs of abuse or neglect, both of which
must be reported to a parent or guardian;
(g) written authorization from the child's
parent or guardian to remove a child from the premises to participate in
off-site activities; authorization must contain fieldtrip destination, date and
time of fieldtrip and expected return time from fieldtrip;
(h) written authorization from the child's
parent or guardian for the educator to apply sunscreen, insect repellent and,
if applicable, diaper cream to the child;
(i) a record of the time the child arrived
and left the home and dates of attendance initialed by a parent, guardian, or
person authorized to pick up the child;
(j) an enrollment agreement must be signed by
a parent or guardian with an outline of the services and the costs being
provided by the home; and
(k) a
signed acknowledgement that the parent or guardian has read and understands the
parent handbook.
(2)
EMERGENCY INFORMATION:
(a) information on any
allergies or medical conditions suffered by the child;
(b) the name and telephone number of two
people to contact in the local area in an emergency when a parent or guardian
cannot be reached; emergency contact numbers must be kept up to date at all
times.
(c) the name and telephone
number of a physician or emergency medical center authorized by a parent or
guardian to contact in case of illness or emergency;
(d) a document giving a home permission to
transport the child in a medical emergency and an authorization for medical
treatment signed by a parent or guardian; and
(e) if applicable, legal documentation
regarding the child, including but not limited to: restraining orders,
guardianship, powers of attorney, court orders, and custody by children's
protective services.
E. PERSONNEL RECORDS: A home will keep the
following records on file and make them available to the licensing authority.
(1) Documentation of a background check and
employment history verification for all staff members and all adults living in
the home. If a background check is in process for a staff member, then
documentation of the notice of provisional employment showing that it is in
process must be placed in the file. A background check must be conducted at
least once every five years on all required individuals.
(2) An annual signed statement that the staff
member would or would not be disqualified as a direct provider of care under
the most current version of the background checks and employment history
verification provisions pursuant to 8.8.3 NMAC.
(3) A record of the time the second educators
arrived at and left work, to include breaks and lunch.
(4) A written plan for ongoing professional
development for each educator that is based on the seven areas of competency,
consistent with the career lattice, and based on the individual's goals. Family
child care homes who do not have employees are exempted from this
requirement.
F. PERSONNEL
HANDBOOK: The educator will give each non-resident employee a personnel
handbook that covers all matters relating to employment. Upon updating the
personnel handbook, changes must be approved and submitted to the licensing
authority. After any changes, notices must be sent out to families, parents, or
guardians and posted in a common area. The handbook will include the following
critical contents:
(1) job description of
second educator;
(2) benefits, if
provided, including vacation days, sick leave, professional development days,
health insurance, break times, etc.;
(3) code of conduct;
(4) training requirements, professional
development opportunities;
(5)
procedures and criteria for performance evaluations;
(6) policies on absence from work;
(7) procedures for resignation or
termination;
(8) copy of licensing
regulations;
(9) policy on parent
involvement;
(10) health policies
related to both children and staff;
(11) policy on sexual harassment;
(12) child guidance policy;
(13) anti-discrimination policy that promotes
the equal access of services for all children and families and prohibits
discrimination based on race, color, religion, sex (including pregnancy, sexual
orientation, or gender identity), national origin, disability, or age (40 or
older);
(14) confidentially
statement; and
(15) plan for
retention of qualified staff.