Current through Register Vol. 35, No. 18, September 24, 2024
A. An applicant may
not begin providing services prior to obtaining background check eligibility
unless all of the following requirements are met:
(1) the ECECD licensee may not be operating
under a corrective action plan (childcare), sanctions, or other form of
disciplinary action;
(2) the
licensee or applicant shall send the BCU a completed application form and an
electronic fingerprint submission receipt prior to employment;
(3) until receiving background eligibility,
the applicant shall at all times be under direct physical supervision. See next
paragraph for standards regarding applicants required to obtain a background
check pursuant to 8.9.4 NMAC or 8.9.5 NMAC;
(4) a licensee or applicant required to
obtain a background check pursuant to 8.9.4 NMAC or 8.9.5 NMAC must receive
either a notice of provisional employment or background check eligibility prior
to beginning employment. Applicants working after receipt of a notice of
provisional employment shall at all times be under direct physical supervision
until receiving background check eligibility. Upon completion of Paragraph 2 of
this subsection, a notice of provisional employment decision will be provided
to the child care center or home within five days unless the BCU determines
there is good cause shown for an extension; and
(5) no more than 45 days shall have passed
since the date of the initial application unless the BCU documents good cause
shown for an extension.
B. With the exception of the provision under
8.9.4.19 NMAC and 8.9.5.11 NMAC, if a direct provider of care has a break in
employment or transfers employment more than 180 days after the date of an
eligibility letter from the BCU, the direct provider of care must re-comply
with 8.9.6.10 NMAC. A direct provider of care may transfer employment, as
permitted by 8.9.4.19 NMAC and 8.9.5.11 NMAC, or for a period of 180 days after
the date of an eligibility letter from the BCU without complying with 8.9.6.10
NMAC only if the direct provider of care submits a preliminary application that
meets the following conditions:
(1) the direct
provider of care submits a statement swearing under penalty of perjury that he
or she has not been arrested or charged with any crimes, has not been an
alleged perpetrator of abuse or neglect and has not been a respondent in a
domestic violence petition;
(2) the
direct provider of care submits an application that describes the prior and
subsequent places of employment, registration or certification with sufficient
detail to allow the BCU to determine if further background checks or a new
application is necessary; and
(3)
the BCU determines within 15 days that the direct provider of care's prior
background check is sufficient for the employment or position the direct
provider of care is going to take.
