New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE
Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS
Section 8.9.4.21 - LICENSURE REQUIREMENTS FOR CENTERS
Universal Citation: 8 NM Admin Code 8.9.4.21
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) BACKGROUND CHECK: The
licensing authority will provide a copy of the most current version of the
department's background check and employment history verification provisions,
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 or any person who may have unsupervised physical access to children
as per the requirements outlined in the department's most current version of
the background check and employment history verification provisions. All
requirements of the current background check and employment history
verification provisions pursuant to 8.9.6 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 8.9.6 NMAC. A background check must be conducted in
accordance with 8.9.6 NMAC at least once every five years on all required
individuals.
(3) ZONING, BUILDING
AND OTHER APPROVALS: An applicant will have: current written finalized zoning
approval from the appropriate city, county or state authority; current written
building approval, such as a certificate of occupancy, from the appropriate
city, county or state authority; current written approval of the state fire
marshal office or other appropriate city, county or state fire-prevention
authority; current written approval from the New Mexico environment department
or other environmental health authority for:
(a) a kitchen, if meals are prepared on site
and served in the center;
(b)
private water supply, if applicable;
(c) private waste or sewage disposal, if
applicable; and
(d) a swimming
pool, if applicable.
(4)
ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES IN NEW CENTERS:
(a) Accessibility to individuals with
disabilities is provided in all new centers and will include the following:
(i) main entry into the center is level or
has a ramp to allow for wheelchair access;
(ii) building layout allows for access to the
main activity area;
(iii) access to
at least one bathroom is required to have a door clearance of 32 inches; the
toilet unit also provides a 60-inch diameter turning radius;
(iv) if ramps are provided to the building,
the slope of each ramp is at least a 12-inch horizontal run for each inch of
vertical rise; and
(v) ramps
exceeding a six-inch rise are provided with handrails.
(b) Requirements contained herein are minimum
and additional disability requirements may apply depending on the size and
complexity of the center.
(5) SCHEDULE: All applications for a new
license will include a description of the center's proposed activities and
schedule.
(6) INITIAL SURVEY: The
licensing authority will schedule a survey for a center when it receives a
complete application with all supporting documents.
B. CAPACITY OF CENTERS:
(1) The number of children in a center,
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 facility,
including school-age children and the children of staff members and volunteers,
in the capacity of the facility, even if the children are on a field trip or
other outing outside the licensed premises. The licensed capacity must not be
exceeded by the presence of school-age children.
(3) Children shall not be cared for in
unlicensed areas of the facility.
(4) A center must meet the following space
requirements.
(a) 35 square feet of indoor
activity space measured wall to wall on the inside for each child in a center,
excluding single-use areas, such as restrooms, kitchens, halls and storage
areas, and excluding offsets and built-in fixtures.
(b) 75 square feet of outdoor activity space
for each child using the area at one time. The center will post on the doors to
the playground the maximum capacity of the playground.
(c) Centers must post classroom capacities,
ratios, and group sizes in an area of the room that is easily visible to
parents, staff and visitors.
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, 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 center 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 center or
staff members;
(g) any incident
that could affect the background check eligibility of any cleared person
related to this license;
(h) any
declaration of intention or determination to inflict punishment, loss, injury
or pain on child or staff member by the commission of an unlawful act, such as,
but not limited to, a bomb threat;
(i) the use of physical or mechanical
restraints, unless due to documented emergencies or medically documented
necessity; or
(j) 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 center will
notify parents or guardians in writing of any incident, including notifiable
illnesses, that have threatened the health or safety of children in the center.
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 8.9.4.21 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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