2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 29 - Early Childhood Education and Care Department › Section 9-29-8.1 - Criminal history investigations; procedures; confidentiality; violation; penalty.

A. To investigate the suitability of an applicant for licensure as a licensed child care facility, registration as a child care home program or for employment or volunteering at a licensed child care facility or registered child care home, including any facility or program that has primary custody of infants, toddlers and children for twenty hours or more per week, or for employees and volunteers of department-contracted providers, the department shall have access to criminal history records information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal law.
B. An applicant for a child care facility license or registration or for employment or volunteering at a licensed child care facility or registered child care home or employees and volunteers of department-contracted providers shall undergo a state and national criminal history records check, and the applicant shall submit an electronic set of fingerprints to the department of public safety for that purpose. The department of public safety shall conduct a check of state criminal history records and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department of public safety and regulations of the federal bureau of investigation. The department of public safety shall review the information obtained from the criminal history records check and shall compile and provide that information to the early childhood education and care department. The early childhood education and care department shall use the information to investigate and determine whether an applicant is qualified to hold a license or an employment or volunteer position. The department shall promulgate rules for the investigation and determination of qualifications.
C. Criminal history information obtained by the department is confidential and shall be used only for the purpose of determining the suitability for licensure, employment or volunteer service and shall not be disclosed to anyone other than public employees directly involved in the decision affecting the applicant.
D. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2022, ch. 30, § 4; 2023, ch. 75, § 2.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, expanded the early childhood education and care department's duties on conducting background checks to determine the suitability of applicants for licensure as a licensed child care facility or registration as a child care home program or for employees or volunteers of department-contracted providers, and required applicants for a child care facility license or for employment or volunteering at a licensed child care facility or registered child care home or employees and volunteers of department-contracted providers to undergo a state and national criminal history records check; in Subsection A, after "licensure as a", added "licensed", after "child care facility", deleted "or child care home program" and added "registration as a child care home program", and after "per week", added "or for employees and volunteers of department-contracted providers"; and in Subsection B, after "An applicant for a", added "child care facility", and after "employment or volunteering", added "at a licensed child care facility or registered child care home or employees and volunteers of department-contracted providers".