Current through Register Vol. 35, No. 18, September 24, 2024
A. ADMINISTRATION RECORDS: A licensee shall
display in a prominent place that is readily visible to parents, staff and
visitors:
(1) all licenses, certificates, and
most recent inspection reports of all state and local government agencies with
jurisdiction over the program;
(2)
the current child care regulations;
(3) dated weekly menus for meals and
snacks;
(4) the guidance policy;
and
(5) the current list of
notifiable diseases and communicable diseases published by the office of
epidemiology of the New Mexico department of health.
B. MISSION, PHILOSOPHY AND CURRICULUM
STATEMENT: All licensed facilities must have a:
(1) mission statement;
(2) philosophy statement; and
(3) curriculum statement.
C. FAMILY HANDBOOK: All facilities
using these regulations must have a family handbook. Upon updating the family
handbook, changes must be approved and submitted to the licensing authority.
After any changes, notice must be sent out to families, parents, or guardians
and posted in a common area. The family 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 director 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
classroom;
(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) expulsion
procedures;
(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 and safety policies;
(j)
snow days and school closure;
(k)
confidentiality policy;
(l) child
abuse/neglect reporting procedure;
(m) guidance policy;
(n) emergency procedures, safety policies,
and disaster preparedness plan and
(o) 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 program will maintain a complete record for each child,
including drop-ins, to be completed before the child is admitted. Records will
be kept at the program, unless otherwise indicated in the list below, 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 guardian's current places of employment, addresses, and pager,
cellular and work telephone numbers;
(c) a list of people authorized to pick up
the child and an authorized 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 program and the date of the child's last day at the
program;
(e) a record of any
accidents, injuries or illnesses that require first aid or medical attention
and any observations of recent bruises, bites or signs of abuse or neglect,
both of which must be reported to a parent or guardian; these records may be
kept at a central location;
(f)
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;
(g) a record
of the time the child arrived and left the program and dates of attendance
initialed by a parent, guardian, or person authorized to pick up the child;
and
(h) an enrollment agreement;
this form will be signed by a parent or guardian with an outline of the
services and the costs; these forms may be kept at a central
location.
(2) EMERGENCY
INFORMATION:
(a) information on any allergies
or medical conditions suffered by the child; the name and telephone number of
two people in the local area to contact in an emergency when a parent or
guardian cannot be reached; emergency contact numbers must be kept up to date
at all times;
(b) the name and
telephone number of a physician or emergency medical facility authorized by a
parent or guardian to contact in case of illness or emergency;
(c) a document giving a program permission to
transport the child in a medical emergency and an authorization for medical
treatment signed by a parent or guardian;
(d) 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:
(1) A licensee will keep a complete file for
each staff member, including substitutes and volunteers having direct contact
with the children. A program will keep the file for one year after the staff
member's last day of employment. Unless otherwise indicated, a licensee may
keep the items listed below in a central location except the following items
which shall be kept on site: background clearances, abuse and neglect
statements, staff emergency numbers and first aid/CPR certificates. Records
will contain at least the following:
(a) name,
address and telephone number;
(b)
position;
(c) current and past
duties and responsibilities;
(d)
dates of hire and termination;
(e)
documentation of a background check and employment history verification. If a
background check is in process, 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. A copy must be kept onsite;
(f) 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. A copy must be kept
onsite;
(g) documentation of
first-aid and cardiopulmonary resuscitation with a pediatric component. A copy
must be kept onsite;
(h)
documentation of all appropriate training by date, time, hours and area of
competency;
(i) emergency contact
number;
(j) universal precaution
acknowledgement; and
(k) a written
plan for ongoing professional development for each staff member, including the
director, that is based on the seven areas of competency, consistent with the
career lattice, and based on the individual's goals.
(2) A program will maintain current work
schedules and daily sign in sheets for the director, all staff, all educators,
and volunteers and keep the records on file for at least 12 months. The record
will include the time the employee arrived at and left work and include breaks
and lunch.
F. PERSONNEL
HANDBOOK: The educator will give each 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, notice must be sent out to families, parents, or guardians and posted
in a common area. The handbook will include the following critical contents:
(1) organizational chart;
(2) job descriptions of all employees by
title;
(3) benefits, including
vacation days, sick leave, professional development days, health insurance,
break times, etc.;
(4) code of
conduct;
(5) training
requirements
(6) procedures and
criteria for performance evaluations;
(7) policies on absence from work;
(8) grievance procedures;
(9) procedures for resignation or
termination;
(10) copy of licensing
regulations;
(11) policy on parent
involvement;
(12) health policies
related to both children and staff;
(13) policy on sexual harassment;
(14) plan for retention of qualified
staff;
(15) 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);
(16) child guidance policy;
(17) confidentiality statement;
(18) 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, and continuity of operations (see waivers,
Subsection D of
8.16.2.14 NMAC). The plan
shall be approved annually by the licensing authority and the department will
provide guidance on developing these plans; and
(19) policies and procedures for expulsion of
children. Policies and procedures shall include how the program will maintain a
positive environment and will focus on preventing the expulsion of children age
five. The program must develop policies that include clear, appropriate,
consistent expectations, and consequences to address disruptive student
behaviors; and ensure fairness, equity, and continuous
improvement.