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 8.9.5.7 - DEFINITIONS
Universal Citation: 8 NM Admin Code 8.9.5.7
Current through Register Vol. 35, No. 6, March 26, 2024
A. Terms beginning with the letter "A":
(1)
"Abuse" means any act or
failure to act, performed intentionally, knowingly or recklessly, which causes
or is likely to cause harm to a child, including:
(a) physical contact that harms or is likely
to harm a child;
(b) inappropriate
use of a physical restraint, isolation, medication or other means that harms or
is likely to harm a child;
(c)
punishment that is hazardous to the physical, emotional or mental state of the
child; and
(d) an unlawful act, a
threat or menacing conduct directed toward a child that results or might be
expected to result in fear or emotional or mental distress to a
child.
(2)
"Adult" means a person who has a chronological age of 18 years or
older.
(3)
"Attended"
means the physical presence of a staff member of educator supervising children
under care. Merely being within eyesight of hearing of the children does not
mean actively engaged or meet the intent of this definition.
B. Terms beginning with the letter "B": [RESERVED]
C. Terms beginning with the letter "C":
(1)
"Care" means the provisions
of what is necessary to meet the needs of the health, welfare, maintenance, and
protection of a child.
(2)
"Cease and desist letter" means a formal letter from the
registered authority to a provider outlining any ongoing violation of
applicable regulations and providing 24 - 72 hours, depending on the
circumstances, to rectify the violation(s) before additional action, including
suspension or revocation, is taken by the registered authority. A cease and
desist letter is usually issued when a registered care giver violates
applicable regulations, but there is not an immediate threat to the health and
safety of children in care, and seeks to compel compliance before more serious
action is taken. A cease and desist letter must provide the specific deadline
to rectify the violation(s), 24 to 72 hours, and specify the subsequent action
the registered authority will take if the violation(s) is not corrected by that
deadline.
(3)
"Child"
means any person who is under the chronological age of 18 years.
(4)
"Child and adult care food program
(CACFP)" means the state of New Mexico's family nutrition bureau which
administers the federal child and adult care food program.
(5)
"Child care assistance program
(CCAP)" means the state of New Mexico's child care services bureau
(CCSB) which administers the federal child care and development fund
(CCDF).
(6)
"Child with a
disability or special needs" means a child with an identified
disability, health, or mental health conditions requiring early intervention,
special education services, or other specialized services and support; or
children without identified conditions, but requiring specialized services,
supports, or monitoring.
(7)
"Clean" means to physically remove all dirt and
contamination.
(8)
"Conditions of operation" means a written plan that applies to a
registered home and is developed by the licensing authority when the registered
authority determines that provisions within these regulations have been
violated. The plan addresses corrective actions that the caregiver must take
within a specified timeframe.
(9)
"Corrective action plan" means the plan submitted by the caregiver
addressing how and when identified deficiencies will be corrected.
D. Terms beginning with the letter "D":
(1)
"Disinfect" means to destroy or inactivate most germs on any
inanimate object, but not bacterial spores. Mix four tablespoons of bleach with
one gallon of cool water or use an environmental protection agency (EPA)
registered disinfectant.
(2)
"Drop-in" means a child who attends a child care home on an
occasional or unscheduled basis to include children who come to play with
provider's children without parent being present.
E. Terms beginning with the letter "E":
(1)
"Emergency
caregiver" means someone 18 years of age or older who is authorized by
the primary caregiver to provide care on an emergency basis, eight hours or
less, on behalf of the primary caregiver.
(2)
"Exempt caregiver" means a
child care home primary caregiver who is exempt from participating in the CACFP
because he or she is caring only for resident children or does not provide
child care during the hours when a meal (breakfast, lunch or dinner) is
served.
(3)
"Exploitation" of a child consists of the act or process,
performed intentionally, knowingly, or recklessly, or using a child's property
for another person's profit, advantage or benefit without legal entitlement to
do so.
(4)
"Expulsion"
means the involuntary termination of the enrollment of a child or
family.
F. Terms beginning with the letter "F": "Family, friend or neighbor (FFN)" means care provided temporarily in a home and only in the case of a public health emergency.
G. Terms beginning with the letter "G": "Guidance" means fostering a child's ability to become self-disciplined. Guidance shall be consistent and developmentally appropriate.
H. Terms beginning with the letter "H":
(1)
"Home" means a private residence and its premises registered under
these regulations where children receive care, services, and supervision. The
caregiver will reside in the home and be the primary caregiver. A home will be
considered a building or fixed dwelling that can be occupied for living
purposes if it provides complete independent living facilities, including
permanent provisions for plumbing and electricity. Special considerations will
be made for homes on tribal lands.
(2)
"Homeless children and
youth" means individuals who lack a fixed, regular, and adequate
nighttime residence, which includes:
(a)
children and youth who are temporarily sharing the housing of other persons due
to loss of housing, economic hardship, or a similar reason; are living in
motels, hotels, trailer parks (excludes mobile homes), or camping ground due to
the lack of alternative adequate accommodations; are living in emergency or
transitional shelters; are abandoned in hospitals; or are awaiting foster care
placement;
(b) children and youth
who have a primary nighttime residence that is a public or private place not
designed for or ordinarily used as a regular sleeping accommodation for human
beings;
(c) children and youth who
are living in cars, parks, public spaces, abandoned buildings, substandard
housing, bus or train stations, or similar settings; and
(d) migratory children who qualify as
homeless for the purposes of this subtitle because the children are living in
circumstances described in subparagraphs (a) though (c) of this
Paragraph.
I. Terms beginning with the letter "I":
(1)
"Infant" means a child from
birth to 12 months.
(2)
"In-home care" means care provided in the child's own home.
In-home care registrations are limited to care of children with documented
special needs or a medical condition, and the siblings of qualifying child.
In-home care registrations must comply with the following:
(a) Parents or legal guardians who choose to
use an in-home provider become the employer of the child care provider and must
comply with all federal and state requirements related to employers, such as
the payment of all federal and state employment taxes and the provision of wage
information. Any parent or legal guardian who chooses to employ an in-home
provider releases and holds the department harmless from any and all actions
resulting from their status as an employer. Payments for in-home provider care
are made directly to the parent or legal guardian.
(b) Parents or guardians are responsible for
submitting documentation from a medical professional detailing the need for
in-home care.
(c) Parent or
guardians must consent to initial and annual inspections in accordance with
8.9.5.13 NMAC.
(d) In-home care
registrations are exempt from the health and safety requirements outlined in
Subsections C, D, E, F, G, H, I, J, R, T, U, V, W, X, Z of 8.9.5.22 NMAC;
8.9.5.23 NMAC; and Subsections D and I of 8.9.5.25 NMAC.
J. Terms beginning with the letter "J": [RESERVED]
K. Terms beginning with the letter "K": [RESERVED]
L. Terms beginning with the letter "L": [RESERVED]
M. Terms beginning with the letter "M": "Media" means the use of televisions, video games, and non-educational on-line streaming such as video and social media.
N. Terms beginning with the letter "N":
(1)
"Neglect" means the failure to provide the common necessities
including but not limited to: food, shelter, a safe environment, education,
emotional well-being and healthcare that may result in harm to the
child.
(2)
"Non-resident
child" means any child who does not reside in the primary caregiver's
home.
(3)
"Notice of
Provisional Employment" means a written notice issued to a child care
center or home applicant indicating the background check unit reviewed the
applicant's fingerprint based federal or New Mexico criminal record and made a
determination that the applicant may begin employment under direct physical
supervision until receiving background eligibility. A notice may also indicate
the applicant must receive a complete background eligibility prior to beginning
employment.
(4)
"Notifiable
diseases" means confirmed or suspected diseases/conditions as identified
by the New Mexico department of health which require immediate reporting to the
office of epidemiology which include but are not limited to: measles,
pertussis, food borne illness, hepatitis and acquired immune deficiency
syndrome.
O. Terms beginning with the letter "O": [RESERVED]
P. Terms beginning with the letter "P":
(1)
"Pacifier" means
a rubber or plastic device, often shaped into a nipple, for an infant to suck
or bite.
(2)
"Premises" means all parts of the buildings, grounds, and
equipment of a non-licensed home pursuant to these regulations.
(3)
"Primary caregiver" means a
registered child care home caregiver 18 years of age or older who is personally
providing care to children, less than 24 hours a day, in his/her own residence
and has completed the registration process, paid the required fee and has no
other employment during hours of care. The primary caregiver must reside in the
home.
Q. Terms beginning with the letter "Q": [RESERVED]
R. Terms beginning with the letter "R":
(1)
"Registered
authority" means the child care services bureau - regulatory oversight
unit of the early education, care and nutrition division of the New Mexico
Early Childhood Education and Care Department (ECECD).
(2)
"Registered family child care
home" means the residence of an independent primary caregiver who
registers the home under these regulations to participate in the child and
adult care food program or in the state and federal child care assistance
programs.
(3)
"Registered
family child care food-only home" means the residence of an independent
primary caregiver who registers the home under these regulation to participate
in the child and adult care food program only and does not participate in the
state and federal child care assistance program.
(4)
"Resident child" means any
child who resides in the home, such as the primary caregiver's own children by
birth or adoption, foster children, grandchildren, or cohabitant's children who
are part of the residential unit.
S. Terms beginning with the letter "S":
(1)
"Serious injury"
means the death of a child or accident, illness, or injury that requires
treatment by a medical professional or hospitalization.
(2)
"Significant amount of time"
means someone who is on the premises for more than one hour per day
during hours of care.
(3)
"Substantiated" means an incident or complaint determined to
factual, based on an investigation of events.
(4)
"Substitute caregiver" means
someone 18 years of age or older who is authorized by the primary caregiver and
the registered authority to provide care in the absence of the primary
caregiver and is required to complete all the items required of primary
caregivers, including background check clearance in accordance with the most
current provisions of 8.9.6 NMAC governing background checks and employment
history verification provisions.
(5)
"Supervision" means the
direct observation and guidance of children at all times and requires being
physically present with them.
(6)
"Survey" means a representative of ECECD's authority to enter a
home, observes activity, examine the records and premises, interviews parents
and records deficiencies.
T. Terms beginning with the letter "T": "Toddler" means a child age 12 months to 24 months.
U. Terms beginning with the letter "U":
(1)
"Unattended"
means a caregiver is not physically present with a child or children under
care.
(2)
"Unsubstantiated" means an incident or complaint not determined to
be factual based on an investigation of events.
V. Terms beginning with the letter "V": [RESERVED]
W. Terms beginning with the letter "W": [RESERVED]
X. Terms beginning with the letter "X": [RESERVED]
Y. Terms beginning with the letter "Y": [RESERVED]
Z. Terms beginning with the letter "Z": [RESERVED]
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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