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 8.9.4.9 - APPLICATION
Current through Register Vol. 35, No. 18, September 24, 2024
These regulations apply to public or private facilities and homes that provide care, education, services, and supervision to children less than 24 hours of any day, come within the statutory definition of "health facilities" set out in Subsection D of Section 24-1-2 of the Public Health Act, Section 24-1-1 to 24-1-22 NMSA 1978 as amended, and are required to be licensed by the licensing authority. These regulations do not apply to any of the following.
A. Facilities providing child care for 24 hours on a continuous basis. Such facilities are covered by other regulations promulgated by the children, youth and families department that are available upon request from the licensing authority.
B. Child care facilities operated by the federal government or a tribal government.
C. Child care facilities operated by a public school system and governed by the local school board.
D. Private schools accredited or recognized by the New Mexico department of education, operated for educational purposes only for children age five years or older.
E. Child care facilities provided exclusively for children of parents who are simultaneously present in the same premises.
F. Summer religious schools held on a church, religious building or house of worship premises.
G. Summer camps, wilderness camps, and programs operated for recreational purposes only by recognized organizations such as churches, schools, and the boy and girl scouts, provided such camps and programs are not conducted in private residences.
H. Any individual who in their own home provides care, services and supervision to four or fewer nonresident children.
I. Parent's day out programs held in a church, religious building or house of worship, or public building operating for no more than eight hours per week and no more than four hours on any given day. The program will be staffed by parents participating in the program, or by others who are members of the church or public affiliation.
