Current through Register Vol. 35, No. 18, September 24, 2024
A. Compliance
with these regulations is a condition of licensure, registration, certification
or renewal, or continuation of same or participation in any other program or
contract within the scope of these regulations.
B. The licensee is required to:
(1) submit an electronic fingerprint
submission receipt and the required forms for all direct providers of care,
household members in licensed and registered child care homes, or any staff
member, employee, or volunteer present while care recipients are present, or
other adult as required by the applicable regulations prior to the commencement
of service, whether employment or, contractual, or volunteer. In the case of a
licensed child care home and a registered home, the licensee must submit an
electronic fingerprint submission receipt and the required forms for new
household members or for any adult who is required to obtain a background check
pursuant to 8.9.4 NMAC or 8.9.5 NMAC as applicable. However, in the case of a
registered family child care food-only home, all household members are only
required to undergo a criminal history and child abuse and neglect
screening.
(2) Applicants required
to obtain background checks pursuant to 8.9.4 NMAC and 8.9.5 NMAC must indicate
states where they resided during the preceding five years and obtain the
following:
(a) a screen of abuse and neglect
information in each state where the applicant resided during the preceding five
years; and
(b) an inter-state
criminal history check in each state where a new applicant resided during the
preceding five years. An inter-state criminal history check is not required if
a new applicant has resided in a state that participates in the federal bureau
of investigation's national fingerprint file. All existing staff hired after
October 1, 2016, must undergo an inter-state criminal history check in each
state where the applicant resided during the preceding five years at the time
of application. An inter-state criminal history check is not required if an
applicant has resided in a state that participates in the federal bureau of
investigation's national fingerprint file.
(3) Verify the employment history of any
prospective direct provider of care by contacting references and prior
employers/agencies to elicit information regarding the reason for leaving prior
employment or service; the verification shall be documented and available for
review by the licensing authority; EXCEPTION: verification of employment
history is not required for registered home providers or child care homes
licensed for six or fewer children.
(4) submit an adult household member written
statement form for each adult household member in a registered family child
care food-only home setting in order to conduct criminal history and child
abuse and neglect screens on such household members; an adult household member
is an adult living in the household or an adult that spends a significant
amount of time in the home; the licensee must submit the required forms for new
adult household members pursuant to 8.9.5 NMAC.
(5) provide such other information BCU staff
determines to be necessary; and
(6)
maintain documentation of all applications, correspondence and eligibility
relating to the background checks required; in the event that the licensee does
not have a copy of an applicant's eligibility documentation and upon receipt of
a written request for a copy, the BCU may issue duplicate eligibility
documentation to the original licensee provided that the request for duplicate
eligibility documentation is made within one year of the applicant's
eligibility date.
C. If
there is a need for any further information from an applicant at any stage of
the process, the BCU shall request the information in writing from the
applicant. If the BCU does not receive the requested information within fifteen
calendar days of the date of the request, the BCU shall deny the application
and send a notice of background check denial.
D. Any person who knowingly makes a
materially false statement in connection with these requirements will be denied
eligibility.