New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE
Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES
Section 8.9.5.20 - PROBABLE CAUSE OF IMMINENT DANGER
Universal Citation: 8 NM Admin Code 8.9.5.20
Current through Register Vol. 35, No. 18, September 24, 2024
A. In circumstances in which Public Health Act, Subsection (N) of Section 24-1-5 (2005) NMSA 1978 may apply, and in which other provisions of this regulation are not adequate to protect children from imminent danger of abuse or neglect while in the care of a provider, the provisions of Subsection (N) of Section 24-1-5 NMSA 1978 shall apply as follows:
(1) The department shall
consult with the owner or operator of the child care facility.
(2) Upon a finding of probable cause, the
department shall give the owner or operator notice of its intent to suspend
operation of the child care facility and provide an opportunity for a hearing
to be held within three working days, unless waived by the owner or
operator.
(3) Within seven working
days from the day of notice, the secretary shall make a decision, and, if it is
determined that any child is in imminent danger of abuse or neglect in the
child care facility, the secretary may suspend operation of the child care
facility for a period not in excess of fifteen days.
(4) Prior to the date of the hearing, the
department shall make a reasonable effort to notify the parents of children in
the care of the registered home of the notice and opportunity for hearing given
to the caregiver.
(5) No later than
the conclusion of the 15 day period, the department shall determine whether
other action is warranted under this regulation.
B. Nothing in this section of the regulation shall be construed to require registration that is not otherwise required in this regulation.
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