Current through Register Vol. 35, No. 18, September 24, 2024
A. An
applicant may not begin providing services prior to obtaining background check
eligibility unless all of the following requirements are met:
(1) the CYFD licensee may not be operating
under a corrective action plan (childcare), sanctions, or other form of
disciplinary action;
(2) the
licensee or applicant shall send the BCU a completed application form and an
electronic fingerprint submission receipt prior to employment;
(3) until receiving background eligibility,
the applicant shall at all times be under direct physical supervision. See next
paragraph for standards regarding applicants required to obtain a background
check pursuant to 8.16.2 NMAC or 8.17.2 NMAC;
(4) a licensee or applicant required to
obtain a background check pursuant to 8.16.2 NMAC or 8.17.2 NMAC must receive
either a notice of provisional employment or background check eligibility prior
to beginning employment. Applicants working after receipt of a notice of
provisional employment shall at all times be under direct physical supervision
until receiving background check eligibility. Upon completion of Paragraph (2)
of this subsection, a notice of provisional employment decision will be
provided to the child care center or home within five days unless the BCU
determines there is good cause shown for an extension; and
(5) no more than 45 days shall have passed
since the date of the initial application unless the BCU documents good cause
shown for an extension.
B. With the exception of the provision under
8.16.2.19 NMAC
and
8.17.2.11 NMAC,
if a direct provider of care has a break in employment or transfers employment
more than 180 days after the date of an eligibility letter from the BCU, the
direct provider of care must re-comply with
8.8.3.10 NMAC. A
direct provider of care may transfer employment, as permitted by
8.16.2.19 NMAC
and
8.17.2.11 NMAC,
or for a period of 180 days after the date of an eligibility letter from the
BCU without complying with
8.8.3.10 NMAC only if
the direct provider of care submits a preliminary application that meets the
following conditions:
(1) the direct provider
of care submits a statement swearing under penalty of perjury that he or she
has not been arrested or charged with any crimes, has not been an alleged
perpetrator of abuse or neglect and has not been a respondent in a domestic
violence petition;
(2) the direct
provider of care submits an application that describes the prior and subsequent
places of employment, registration or certification with sufficient detail to
allow the BCU to determine if further background checks or a new application is
necessary; and
(3) the BCU
determines within 15 days that the direct provider of care's prior background
check is sufficient for the employment or position the direct provider of care
is going to take.
