reglab/statecodes huggingface dataset:
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 8.9.5.9 - REGISTERED AUTHORITY (ADMINISTRATION AND ENFORCEMENT RESPONSIBILITY)

Current through Register Vol. 35, No. 13, July 16, 2024
The child care services bureau - regulatory oversight unit of
				  the early education, care and nutrition division of ECECD, hereafter called the
				  registered authority, has been granted the responsibility by ECECD for the
				  administration and enforcement of these regulations pursuant to the Early
				  Childhood Education and Care Department Act, Sections 9-29-1 to 9-29-12 NMSA
				  1978, as amended.
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 8.9.5.11 - BACKGROUND CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All background
				checks shall be conducted in accordance with the most current provisions of
				8.9.6 NMAC governing background checks and employment history verification
				provisions as promulgated by ECECD. All non-licensed child care caregivers must
				adhere to these provisions to maintain their registration status. A background
				check must be conducted in accordance with 8.9.6 NMAC on all required
				individuals at least once every five years from the original date of
				eligibility regardless of the date of hire or transfer of eligibility. A direct
				provider of care may request a transfer of background check eligibility if:
(1) the staff member was found eligible as a
				direct provider of care in a child care center, licensed child care home,
				licensed group home, or registered home within the past five years and has not
				been separated from employment for more than 180 days; and
(2) submits an application for transfer and
				is found eligible pursuant to 8.9.6.11 NMAC.
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 8.9.5.12 - ANNUAL REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
An annual registration is issued for a one-year period to a
				  child care home that has met all requirements of these regulations.
A. Primary caregivers must renew registration
				annually, and only after receiving an onsite inspection by ECECD, by submitting
				a registration application and paying the processing charge with cashier's
				check or a money order. In-home care registrations are exempt from the
				application fee.
B. Primary
				caregiver's who fail to renew registration by the expiration date will not be
				eligible to receive program benefits from either the child and adult care food
				program or the child care assistance program.
C. Primary caregivers shall ensure that all
				adults residing in the home, as well as secondary caregivers and adults
				spending a significant amount of time in the home, are listed on all
				documentation required by ECECD and sponsoring agencies.
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 8.9.5.13 - VISITS BY THE SPONSORING AGENCY AND REGISTERED AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Caregivers will grant the registered authority
				  representative the right to enter the premises and, conduct visits, including
				  unannounced and complaint investigations when child care children are present
				  and during the caregiver's stated normal hours of operation.
A. The registered authority will conduct a
				survey at least once a year at each registered residence using these
				regulations as the criteria. The registered authority will conduct additional
				surveys or visit the registered residence additional times to provide technical
				assistance, to check progress on correction of deficiencies found on previous
				surveys, or to investigate any complaints.
B. Upon the completion of a survey, the
				registered authority will discuss the findings with the caregiver or their
				substitute caregiver and will provide an official written report of the
				findings and a request for a plan or plans of correction, if appropriate. Each
				survey will be made available for review on a public web portal.
C. By applying for either a new registration
				or a registration renewal, the caregiver grants the registering authority
				representative the right to enter the premises and survey the registered
				residence, including inspecting and copying of child care records, both while
				the application is being processed and, if registered, at any time during the
				registration period.
D. The
				registering authority may or may not announce a survey. A substitute caregiver
				knowledgeable in the daily operations, that has access to all records and
				locked areas, and can represent the caregiver for survey purposes, must be
				present in the residence if the primary caregiver is not present.
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 8.9.5.14 - NON-TRANSFERABILITY OF REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The primary
				caregiver's registration agreement is personal, and not transferable to any
				other person or location.
B. A
				registration will expire automatically at midnight of the expiration date
				unless earlier suspended or revoked, or:
(1)
				if the primary caregiver moves; or
(2) changes their name.
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 8.9.5.15 - INCIDENT REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Registered caregiver shall notify the appropriate
				  authorities immediately by phone of any incident which results in significant
				  harm to a child or which places the child in immediate danger. After making a
				  report to the appropriate authorities, the caregiver shall notify ECECD of the
				  incident giving rise to its report as soon as possible but no later than 24
				  hours after the incident occurred. A report shall first be made by telephone
				  and followed with written notification. The caregiver shall report to the
				  appropriate authorities the following incidents, including but not limited
				  to:
A. Any incident that has
				threatened or could threaten the health and safety of children, including but
				not limited to:
(1) a lost, missing child or
				unattended child;
(2) a serious
				injury;
(3) the suspected abuse or
				neglect of a child;
(4) fire,
				flood, or other natural disaster that creates structural damages to a home or
				poses a health hazard;
(5) any of
				the illnesses on the current list of notifiable diseases and communicable
				published by the office of epidemiology of the New Mexico department of
				health;
(6) any legal action
				against a caregiver or household member;
(7) any incident that could affect the
				background check eligibility of any cleared person related to this
				registration;
(8) the use of
				physical or mechanical restraints, unless due to documented emergencies or
				medically documented necessity; or
(9) any known change in a caregiver's health
				condition or use of medication that impairs his or her ability to provide for
				the health, safety or welfare of children in care.
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 8.9.5.16 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
By completing the ECECD registration process and annual
				  renewals, the primary caregiver is agreeing to comply with these regulations to
				  include the following:
A. The primary
				caregiver agrees to continue to meet these requirements, to correct
				deficiencies promptly and to take prompt action to resolve problems cited in
				complaints filed with state agencies and referred to the caregiver.
B. The caregiver must grant the registered
				authority the right to enter the premises and survey the caregiver's home and
				the inspection and copying of records. This includes any investigations which
				are announced or un-announced.
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 8.9.5.18 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Complaints
				received by ECECD shall be investigated promptly.
B. An authorized ECECD representative
				receiving complaints will ask complainants to identify themselves and provide
				all information necessary to document the complaint.
C. The authorized ECECD representative will
				investigate any complaint in which the health, safety or welfare of a child
				could be in danger. The complaint will be reviewed and prioritized immediately
				according to the nature and severity of the complaint. The registered authority
				will follow established protocols and procedures for prioritizing, tracking,
				initiating and reporting of complaints and complaint investigations. Complaints
				will be investigated in a timely manner as follows:
(1) Priority 1 complaints: investigation will
				be initiated within 24 hours.
(2)
				Priority 2 complaints: investigation will be initiated within three working
				days.
(3) Priority 3 complaints:
				investigation will be initiated within five working days.
(4) Initiation timeframes for investigations
				may be shortened based on the severity and nature of the complaint, but
				timeframes may not be extended.
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 8.9.5.19 - ADMINISTRATIVE APPEAL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any primary
				caregivers who receives notice that registration is denied, revoked, suspended
				or that renewal is denied, has a right to an administrative appeal of the
				decision. Any primary caregiver who is required by the department to implement
				specific actions, or to agree to specific conditions, in order to maintain
				registered status, has a right to administrative appeal.
B. Administrative appeals shall be conducted
				by a hearing officer appointed by the department's secretary pursuant to
				ECECD's identified administrative hearing regulations.
C. If the suspension or revocation is to take
				effect immediately, or if required conditions of continued operation are to
				take effect immediately, the department affords the primary caregiver the
				opportunity for an administrative appeal within five working days. If
				registration is suspended pending the results of an investigation, the primary
				caregiver may elect to postpone the hearing until the investigation has been
				completed.
D. If after the
				imposition of an immediate suspension the department takes additional actions
				including additional suspension, revocation, or conditions of operations, the
				immediate action will stay in effect until the following action goes into
				effect or an appeal of the following action is concluded and the action is
				either upheld or overturned.
E. If
				the contemplated action does not take immediate effect, and the primary
				caregiver is given advance notice of the contemplated action, the primary
				caregiver is allowed 10 working days from date of notice to request an
				administrative appeal in writing.
F. For any action taken by the department
				pursuant to 8.9.5.20 NMAC of this regulation, the applicable hearing procedure
				shall be that contained in 8.9.5.20 NMAC.
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

Current through Register Vol. 35, No. 13, July 16, 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.
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 8.9.5.21 - GROUP COMPOSITION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A caregiver will
				care for no more than four non-resident children at any one time.
B. A caregiver will care for no more than two
				children under two years old at any one time, including the caregiver's own
				children.
C. A caregiver will care
				for no more than six children under six years old at any one time, including
				the caregiver's own children.
D.
				Drop-in children will be counted in the group composition requirements listed
				above.
E. Shifts are allowed
				provided there are never more than four non-resident children present at any
				one time, including change of shifts.
F. All caregivers will be physically present
				and actively involved in the care of all children during the designated hours
				of child care as noted in the child enrollment forms, except for short absences
				when another approved caregiver is present, or emergencies. Outside employment
				is not considered a short absence.
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 8.9.5.23 - MEAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Children will
				not use shared eating or drinking utensils.
B. Children will not use common eating or
				drinking utensils.
C. A caregiver
				will provide readily accessible drinking water in sanitary cups or
				glasses.
D. Meals must meet
				age-appropriate USDA requirements.
E. A caregiver must keep a daily
				menu.
F. Caregivers will serve
				meals family style and allow children to assist in the preparation and serving
				of food and snacks.
G. Caregivers
				will feed children a meal or snack every three hours.
H. Caregivers and children will wash their
				hands regularly and before each meal time.
I. Caregivers will keep food requiring
				refrigeration, including formula, at 41 degrees Fahrenheit or below.
J. Refrigerators and freezers shall have
				working thermometers.
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 8.9.5.24 - RECORD KEEPING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Caregivers must keep an information card for each child
				  (including drop-in children) with:
A.
				the child's full name;
B. the
				child's birth date;
C. any known
				food or drug allergies or unusual physical condition;
D. the name, telephone number, and location
				of a parent or other responsible adult to be contacted in any
				emergency;
E. the name and
				telephone number of the child's physician;
F. authorization from a parent or guardian
				for the caregiver to seek professional medical care in an emergency;
G. written permission from a parent or
				guardian for the caregiver to administer medication prescribed by a physician
				or requested by the parent;
H. an
				immunization record showing current, age-appropriate immunizations for each
				child or a written waiver for immunizations granted by the department of
				health. A grace period of a maximum of 30 days will be granted for children in
				foster care or homeless children and youth, or at-risk children and youth as
				determined by the department;
I.
				written permission from parent to transport children outside of the registered
				home; and
J. A record of the time
				the child arrived and left the home and dates of attendance initialed by a
				parent, guardian, or person authorized to pick up the child. The attendance log
				must be kept on file for 12 months.
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 8.9.5.25 - CAREGIVER'S RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A caregiver
				will directly supervise and actively care for children at all times during
				hours of operation including outdoor playtime and naptime. Caregivers will
				interact with children and provide a safe and positive learning
				environment.
B. Children will never
				be left unattended. A caregiver will be with the children at all times whether
				activities are inside or outside of the home. Caregivers will be onsite,
				available and responsive to children during all hours of operation.
C. A caregiver will use guidance that is
				positive, consistent and age-appropriate. The caregiver will not use:
(1) physical punishment of any type,
				including shaking, biting, hitting, pinching or putting anything on or in a
				child's mouth;
(2) withdrawal of
				food, rest, bathroom access, or outdoor activities;
(3) abusive or profane language, including
				yelling;
(4) any form of public or
				private humiliation, including threats of physical punishment; or
(5) unsupervised separation; or
(6) children will not be lifted by the arms,
				hands, wrist, legs, feet, ankles, or clothing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Early Childhood Education and Care Department
				  ("ECECD")
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule has general applicability to operators, volunteers,
				  including student interns, employees, and prospective operators, staff and
				  employees, of child-care facilities, including every facility, ECECD
				  contractor, program receiving ECECD funding or reimbursement, or other program
				  that has or could have primary custody of children for twenty hours or more per
				  week, and direct providers of care for children including, but not limited to
				  the following settings: licensed and registered child care, home visiting
				  programs, and Family Infant Toddler (FIT) programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The statutory authority for these regulations is contained in
				  the Criminal Offender Employment Act, Section 28-2-1 to 28-2-6 NMSA and in the
				  New Mexico Children's and Juvenile Facility Criminal Records Screening Act,
				  Section 32A-15-1 to 32A-15-4 NMSA 1978 Amended. ECECD's rule making authority
				  for this rule arises from Subsection E of Section 9-29-6 NMSA 1978; Subsection
				  H of Section 9-29-8 NMSA 1978; and Section 9-29-8.1 NMSA
				  1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 1, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose
				of these regulations is to set out general provisions regarding background
				checks and employment history verification required in settings to which these
				regulations apply.
B. Background
				checks are conducted in order to identify information in applicants'
				backgrounds bearing on whether they are eligible to provide services in
				settings to which these regulations apply.
C. Abuse and neglect screens of databases in
				New Mexico are conducted by BCU staff in order to identify those persons who
				pose a continuing threat of abuse or neglect to care recipients in settings to
				which these regulations apply. Applicants required to obtain background checks
				pursuant to 8.9.4 NMAC and 8.9.5 NMAC will also undergo a screen of abuse and
				neglect information and an inter-state criminal history check in each State
				where the applicant resided during the preceding five years.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.8 - APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to all licensees and direct
				  providers of care in the following settings:
A. licensed child care homes;
B. licensed child care centers;
C. registered child care homes;
D. home visiting programs;
E. licensed before and after school
				care;
F. non-licensed or exempt
				after school programs participating in the at risk component of the child and
				adult care food program;
G. family
				infant toddler (FIT) programs;
H.
				ECECD contractors, and any other programs receiving ECECD funding or
				reimbursement, that:
(1) has or could have
				primary custody of children for twenty hours or more per week; or
(2) will have direct contact with children in
				the provision of ECECD sponsored services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.9 - NON-APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. These
				regulations do not apply to the following settings, except to the extent that
				such a program receives funding or reimbursement from ECECD:
(1) hospitals or infirmaries;
(2) intermediate care facilities;
(3) children's psychiatric centers;
(4) home health agencies;
(5) diagnostic and treatment centers;
				and
(6) unlicensed or unregistered
				child care homes.
(7) behavior
				management skills development;
(8)
				case management services;
(9) day
				treatment services;
(10)
				residential treatment services;
(11) treatment foster care services agency
				staff;
(12) licensed shelter
				care;
(13) comprehensive community
				support services;
(14) AOC
				(administrative office of the courts) supervised visitation and safe exchange
				program providers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.11 - COMPLIANCE EXCEPTIONS

Current through Register Vol. 35, No. 13, July 16, 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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.12 - PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any ECECD
				licensee who violates these regulations is subject to revocation, suspension,
				sanctions, denial of licensure, certification, or registration or termination
				of participation in any other program within the scope of these
				regulations.
B. Licensure,
				certification, registration or participation in any other program within the
				scope of these regulations is subject to receipt by the licensing authority of
				a satisfactory background check for the licensee or the licensee's
				administrator.
C. Except as
				provided in 8.9.6.13 NMAC below, licensure, certification, registration or
				participation in any other program within the scope of these regulations may
				not be granted by the licensing authority if a background check of the licensee
				or the licensee's administrator reveals an unreasonable risk.
D. A licensee may not retain employment,
				volunteer service or contract with any direct provider of care for whom a
				background check reveals an unreasonable risk. The BCU shall deliver one copy
				of the notice of unreasonable risk to the facility or program by U.S. mail,
				facsimile transmission, secure (or encrypted) e-mail or hand delivery, and to
				the licensing authority by facsimile transmission, secure (or encrypted) e-mail
				or hand delivery.
E. A licensee
				shall be in violation of these regulations if it retains a direct provider of
				care for more than ten working days following the issuing of a notice of
				background check denial for failure to respond by the BCU.
F. A licensee shall be in violation of these
				regulations if it retains any direct provider of care inconsistent with
				Subsection A of 8.9.6.11 NMAC.
G. A
				licensee shall be in violation of these regulations if it hires, contracts
				with, uses in volunteer service, or retains any direct provider of care for
				whom information received from any source including the direct provider of
				care, indicates the provider of care poses an unreasonable risk to care
				recipients.
H. Any firm, person,
				corporation, individual or other entity that violates this section shall be
				subject to appropriate sanctions up to and including immediate emergency
				revocation of license or registration pursuant to the regulations applicable to
				that entity or termination of participation in any other program within the
				scope of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.13 - ARRESTS, CONVICTIONS AND REFERRALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For the purpose
				of these regulations, the following information shall result in a conclusion
				that the applicant is an unreasonable risk:
(1) a conviction for a felony, or a
				misdemeanor involving moral turpitude, and the criminal conviction directly
				relates to whether the applicant can provide a safe, responsible and morally
				positive setting for care recipients;
(2) a conviction for a felony, or a
				misdemeanor involving moral turpitude, and the criminal conviction does not
				directly relate to whether the applicant can provide a safe, responsible and
				morally positive setting for care recipients if the department determines that
				the applicant so convicted has not been sufficiently rehabilitated;
(3) a conviction, regardless of the degree of
				the crime or the date of the conviction, of trafficking in controlled
				substances, criminal sexual penetration or related sexual offenses or child
				abuse;
(4) a substantiated
				referral, regardless of the date, for sexual abuse or for a substantiation of
				abuse or neglect relating to a failure to protect against sexual
				abuse;
(5) the applicant's child is
				in New Mexico's Children, Youth, and Families Department (CYFD) or another
				state's custody; or
(6) a
				registration, or a requirement to be registered, on a state sex offender
				registry or repository or the national sex offender registry established under
				the Adam Walsh Child Protection and Safety Act of 2006.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.14 - UNREASONABLE RISK

Current through Register Vol. 35, No. 13, July 16, 2024
A. The BCU may, in
				its discretion, use all reasonably reliable information about an applicant and
				weigh the evidence about an applicant to determine whether the applicant poses
				an unreasonable risk to care recipients. The BCU may also consult with legal
				staff, treatment, assessment or other professionals in the process of
				determining whether the cumulative weight of credible evidence establishes
				unreasonable risk.
B. In
				determining whether an applicant poses an unreasonable risk, the BCU need not
				limit its reliance on formal convictions or substantiated referrals, but
				nonetheless must only rely on evidence with indicia of reliability such as:
(1) reliable disclosures by the applicant or
				a victim of abuse or neglect;
(2)
				domestic violence orders that allowed an applicant notice and opportunity to be
				heard and that prohibits or prohibited them from injuring, harassing or
				contacting another;
(3)
				circumstances indicating the applicant is or has been a victim of domestic
				violence;
(4) child or adult
				protection investigative evidence that indicates a likelihood that an applicant
				engaged in inappropriate conduct but there were reasons other than the
				credibility of the evidence to not substantiate; or
(5) any other evidence with similar indicia
				of reliability.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.15 - REHABILITATION PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
Any applicant whom the BCU concludes is an unreasonable risk
				  on any basis other than those described at Paragraphs (1), (3), (4), (5), or
				  (6) of Subsection A of 8.9.6.13 NMAC, may submit to the BCU a rehabilitation
				  petition describing with specificity all information that tends to demonstrate
				  that the applicant is not an unreasonable risk. The petition may include, but
				  need not be limited to, a description of what actions the applicant has taken
				  subsequent to any events revealed by the background check to reduce the risk
				  that the same or a similar circumstance will recur.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.16 - ELIGIBILITY SUSPENSIONS, REINSTATEMENTS AND REVOCATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant's background check eligibility may be suspended for the following:
(1) an arrest or criminal charge for any
				felony offense, any misdemeanor offense involving domestic violence, child
				abuse or any other misdemeanor offense of moral turpitude if a conviction as
				charged would result in a determination of unreasonable risk;
(2) a pending CYFD child protective services
				referral or any other investigation of abuse or neglect by ECECD, CYFD, or any
				other state or federal agency with authority to investigate allegations of
				abuse or neglect;
(3) an
				outstanding warrant; or
(4) any
				other reason that creates an unreasonable risk determination pursuant to these
				regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.17 - APPEAL RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Denials: Any
				applicant who is found ineligible after completion of background check may
				request an administrative review from ECECD. The request for an administrative
				review shall be in writing and the applicant shall cause the BCU to receive it
				within 15 days of the date of the BCU's written notice of a determination of
				unreasonable risk. If the request is mailed, three days are added after the
				period would otherwise expire. The administrative review shall be completed by
				a review of the record by a hearing officer designated by the cabinet
				secretary. The hearing officer's review is limited to:
(1) whether the BCU's conclusion of
				unreasonable risk is supported by any section of these regulations;
				and
(2) whether the applicant has
				been erroneously identified as a person with a relevant conviction or
				substantiated referral. The review will be completed on the record presented to
				the hearing officer and includes the applicant's written request for an
				administrative review and other relevant evidence provided by the applicant.
				The hearing officer conducts the administrative review and submits a
				recommendation to the cabinet secretary no later than 60 days after the date
				the request for administrative review is received unless ECECD and the
				applicant agree otherwise.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Early Childhood Education and Care Department
				  (ECECD)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to all entities in New Mexico
				  providing early intervention services to eligible children birth to three years
				  of age and their families.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection E of Section 9-29-6 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 20, 2021, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations are being promulgated to govern the
				  provision of early intervention services to eligible children and their
				  families and to assure that such services meet the requirements of state and
				  federal statutes, in accordance with the Individuals with Disabilities
				  Education Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with the letter "A":
(1)
"Adaptive development"
means
				the development of self-help skills, such as eating, dressing, and
				toileting.
(2)
"Adjusted age
				(corrected age)"
means adjusting / correcting the child's age for
				children born prematurely (i.e. born less than 37 weeks gestation). The
				adjusted age is calculated by subtracting the number of weeks the child was
				born before 40 weeks of gestation from their chronological age. Adjusted Age
				(Corrected Age) should be used until the child is 24 months of age.
(3)
"Assessment"
means the
				ongoing procedures used by qualified personnel to identify the child's unique
				strengths and needs and the early intervention services appropriate to meet
				those needs throughout the period of the child's eligibility for FIT services.
				Assessment includes observations of the child in natural settings, use of
				assessment tools, informed clinical opinion, and interviews with family
				members. Assessment includes ongoing identification of the concerns,
				priorities, and resources of the family.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.8 - ADMINISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Supervisory authority.
(1) Any
				agency, organization, or individual that provides early intervention services
				to eligible children and families shall do so in accordance with these
				regulations and under the supervisory authority of the lead agency for Part C
				of IDEA, the New Mexico early childhood education and care
				department.
(2) An agency that has
				entered into a contract or provider agreement or an inter-agency agreement with
				the New Mexico early childhood education and care department to provide early
				intervention services shall be considered an "early intervention provider
				agency" under these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.9 - PERSONNEL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Personnel
				requirements.
(1) Early intervention
				services shall be delivered by qualified personnel. Personnel shall be deemed
				"qualified" based upon the standards of their discipline and in accordance with
				these regulations and shall be supervised in accordance with these
				regulations.
(2) Individuals who
				hold a professional license or certificate from an approved field as identified
				in this rule, and provide services in that discipline, do not require
				certification as a developmental specialist. However, individuals who hold a
				professional license or certificate in one of these fields and who spend sixty
				percent or more of their time employed in the role of developmental specialist
				must obtain certification as a developmental specialist.
(3) Personnel may delegate and perform tasks
				within the specific scope of their discipline. The legal and ethical
				responsibilities of personnel within their discipline cannot be
				delegated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.11 - INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
IFSP development.
(1) A written IFSP shall be developed and
				implemented for each eligible child and family.
(2) The IFSP shall be developed at a meeting.
				The IFSP meeting shall:
(a) take place in a
				setting and at a time that is convenient to the family;
(b) be conducted in the native language of
				the family, or other mode of communication used by the family, unless it is
				clearly not feasible to do so; and
(c) meeting arrangements must be made with,
				and written notice provided to, the family and other participants early enough
				before the meeting date to ensure that they will be able to attend.
(3) Participants at the initial
				IFSP and annual IFSP meeting shall include:
(a) the parent(s);
(b) other family members, as requested by the
				parent(s) (if feasible);
(c) an
				advocate or person outside of the family, as requested by the
				parent(s);
(d) a person or persons
				directly involved in conducting evaluations and assessments of the
				child;
(e) as appropriate, a person
				or persons who are or will be providing early intervention services to the
				child and family;
(f) the family
				service coordinator; and
(g) other
				individual(s) as applicable, such as personnel from: child care; early head
				start; home visiting; medically fragile; children's medical services; child
				protective services; physician and other medical staff, and with permission of
				the parent(s).
(4) If a
				person or persons directly involved in conducting evaluations and assessments
				of the child is unable to attend a meeting, the family service coordinator
				shall make arrangements for the person's participation through other means,
				including: participating by telephone; having a knowledgeable authorized
				representative attend; or submitting a report.
(5) The initial IFSP shall be developed
				within 45 days of the referral.
(6)
				Families shall receive prior written notice of the IFSP meeting.
(7) The family service coordinator shall
				assist the parent(s) in preparing for the IFSP meeting and shall ensure that
				the parent(s) have the information that they need in order to fully participate
				in the meeting.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.12 - SERVICE DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Early intervention services.
(1)
				Early intervention services shall be:
(a)
				designed to address the outcomes identified by the IFSP team (which includes
				parents and other team members);
(b) identified in collaboration with the
				parents and other team members through the IFSP process;
(c) listed on the IFSP if recommended by the
				team, including the family, even if a service provider is not available at that
				time;
(d) delivered to the maximum
				extent appropriate in the natural environment for the child and family in the
				context of the family's day to day life activities;
(e) designed to meet the developmental needs
				of the eligible child and the family's needs related to enhancing the child's
				development;
(f) delivered in
				accordance with the specific location, duration and method in the IFSP;
				and
(g) provided at no cost to the
				parent(s).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES › Section 8.9.8.13 - TRANSITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Transition
				planning shall occur with the parent(s) of
all
children to ensure
				a smooth transition from the FIT program to preschool or other
				setting.
B.
Notifications to
				the public education department and local education agency (LEA):
(1) The FIT program shall provide
				notification to the public education department, special education bureau, of
				all potentially eligible children statewide who will be turning three years old
				in the following 12-month period.
(2) The early intervention provider agency
				shall notify the LEA of all potentially eligible children residing in their
				district who will turn three years old in the following 12-month period. This
				will allow the LEA to conduct effective program planning.
(3) The notification from the early
				intervention provider agency to the LEA shall:
(a) include children who are potentially
				eligible for preschool special education services under the Individuals with
				Disabilities Education Act (IDEA) Part B; potentially eligible children are
				those children who are eligible under the developmental delay or established
				condition categories;
(b) include
				the child's name, date of birth, and contact information for the
				parent(s);
(c) be provided at least
				quarterly in accordance with the process determined in the local transition
				agreement; and
(d) be provided not
				fewer than 90 days before the third birthday of each child who is potentially
				eligible for IDEA Part B.