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. 6, March 26, 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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