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 8.16.2.42 - PERSONNEL AND STAFFING REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
Universal Citation: 8 NM Admin Code 8.16.2.42
Current through Register Vol. 35, No. 18, September 24, 2024
A. PERSONNEL AND STAFFING REQUIREMENTS:
(1) An employer will
not allow any employee involved in an incident which would disqualify that
employee under the department's most current version of the background check
and employment history verification provisions pursuant to 8.8.3 NMAC to
continue to work directly or unsupervised with children;
(2) All educators will demonstrate the
ability to perform essential job functions that reasonably ensure the health,
safety and welfare of children in care.
(3) Educators (staff members) who work
directly with children and who are counted in the staff/child ratios must be 18
years of age or older.
(4)
Clerical, cooking and maintenance personnel included in the staff/child ratio
will have a designated schedule showing their normal hours in each role.
Educators counted in the staff/child ratios will not be responsible for
cooking, clerical or cleaning duties while caring for children.
(5) Substitutes, volunteers and part-time
educators counted in the staff/child ratios will meet the same requirement as
regular staff members except for training requirements. Substitutes and
educators routinely employed in a facility but working 20 hours or fewer a
week, will complete half the required training hours. Such employees working
more than 20 hours a week will meet full training requirements. See Paragraph
(4) of Subsection C of 8.16.2.42 NMAC for additional training
requirements.
(6) Each site will
have a site director. The site director or a designated co-director who meets
the same qualifications as the site director will be on site 50 percent of the
program's core hours of operation.
(7) A program will maintain staff/child
ratios and group sizes at all times. Children must never be left unattended
whether inside or outside the facility. Providers will conduct frequent head
counts on all trips and when loading and unloading the vehicle.
(8) A program will have a minimum of two
staff members present at all times, with one being an educator. If the program
has less than seven children, the second staff member may be engaged in other
duties.
(9) Each site will have one
adult for every 15 children age five or older. Maximum group size of
30.
(10) The number of children who
may be in a group and the number of caregivers is specified in Paragraph (9) of
Subsection A of 8.16.2.42 NMAC. More than one group of children may occupy a
room, provided the following conditions are met:
(a) The room is divided so that different
activity/interest areas are well-defined (i.e. art, dramatic play, fine motor,
homework, science, math, and quiet homelike area);
(b) Each activity/interest area will have a
posted capacity, which may vary according to the activity and size of the
space, and will not exceed 30;
(c)
Placement of cabinets, tables, carpeting, room-dividers, or shelving clearly
define the different activity/interest areas;
(d) Individual children may freely move from
one activity/interest area at their own pace as long as the capacity of any
individual interest area is not exceeded;
(e) A single educator is responsible for
supervising up to 15 children in one or more interest area as long as every
child is in direct eyesight; and
(f) The total number of children in the
larger room must not exceed the room capacity based on activity space. For
example, if the larger room has a capacity of 90, and the maximum group size is
30, the room must be divided by at least three well-defined activity/interest
areas and be supervised by at least six caregivers, who are spread out so that
every child is "attended".
B. STAFF QUALIFICATIONS:
(1) Unless exempted under Paragraph (3)
below, an out of school time program will have an administrator/director who is
at least 21 years old and has proof of a current copy of:
(a) a child development associate (CDA)
certificate, a certified child care professional credential (CCP), a Montessori
teacher, a national administrator credential (NAC), or an associate of arts or
applied science degree in child development or early childhood education and at
least two years of experience in an early childhood growth and development
setting; a school-age child care growth and development setting; or
(b) a bachelor's degree or higher in early
childhood education or a related field with at least one year of experience in
an early childhood growth and development setting or a school-age child care
growth and development setting; early childhood growth and development settings
include, but are not limited to, licensed or registered family child care
programs, licensed center-based early childhood education and development
programs, and family support programs.
(2) Every site of an out of school time
program will have a site director who has at least a high school diploma or GED
and proof of at least three years of experience working with
children.
(3) Program
administrators and site directors employed in a licensed program on the date
these regulations become effective but who are not qualified will continue to
qualify in their positions as long as they continuously work as program
administrators or site directors. Current program administrators and site
directors having a break in employment of more than one year must meet the
requirements.
C. TRAINING:
(1) The program administrator will
develop and document an orientation and training plan for new staff members and
will provide information on training opportunities. New staff members will
participate in an orientation before working with children. Initial orientation
will include training on the following areas:
(a) scope of services and activities offered
by the program;
(b) emergency first
aid procedures;
(c) indicators of
child abuse and neglect;
(d) fire
prevention measures, emergency evacuation plan and disaster preparedness
plan;
(e) review of licensing
regulations;
(f) review of policies
regarding guidance;
(g) child abuse
and neglect reporting;
(h) handling
of incidents and complaints; and
(i) health and safety, including infection
and injury prevention and control.
(2) All new educators regardless of the
number of hours per week will complete the following training within three
months of their date of hire. All current educators will have three months to
comply with the following training from the date these regulations are
promulgated:
(a) prevention and control of
infectious diseases (including immunization);
(b) administration of medication, consistent
with standards for parental consent;
(c) prevention of and response to emergencies
due to food or other allergic reactions;
(d) building and physical premises safety,
including identification of and protection from hazards that can cause bodily
injury such as electrical hazards, bodies of water, and vehicular
traffic;
(e) abusive head
trauma;
(f) emergency preparedness
and response planning for emergencies resulting from natural or man-caused
disasters;
(g) handling and storage
of hazardous materials and the appropriate disposal of bio
contaminants;
(h) precautions in
transporting children (if applicable);
(i) first aid and cardiopulmonary
resuscitation (CPR) awareness with a pediatric component; and
(j) recognition and reporting of child abuse
and neglect.
(3) A
program will keep a training log on file with the employee's name, date of hire
and position. The log must also include the date, hours of training, subject,
training source and training certificate.
(4) All educators are required to obtain at
least 24 hours of training each year. For this purpose, a year begins and ends
at the anniversary date of employment. Training must address all seven
competency areas within two years. Training shall be relevant to school age
children. Identical trainings shall not be repeated for the purpose of
obtaining credit. The competency areas are:
(a) child growth, development, and
learning;
(b) health, safety,
nutrition, and infection control;
(c) family and community
collaboration;
(d) developmentally
appropriate content;
(e) learning
environment and curriculum implementation;
(f) assessment of children and programs;
and
(g) professionalism.
(5) Training must be provided by
individuals who have education or experience in the competency area (or areas)
in which they train. Employees or relatives of employees who provide training
must have prior approval by the department.
(6) Program administrators may count hours in
personnel and business training toward the training requirement.
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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