reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.11 - RECONSIDERATION OF DECISIONS BY DEPARTMENT AND BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
A. Decision by department as to eligibility.
				An applicant may request reconsideration of a contrary decision by the
				department as to whether it is an eligible applicant under these regulations.
				Notice must be given to the department in writing within ten (10) working days
				of receipt of the department's decision as to eligibility. A request for
				reconsideration not timely or properly made will be barred. The department's
				secretary will promptly review each timely request for reconsideration. The
				decision of the department secretary as to eligibility is final.
B. Decision by board as to funding. An
				applicant may request reconsideration of a decision by the board denying
				funding to an applicant by notifying the executive director of the authority in
				writing within forty-five (45) days of the date on which notice of an adverse
				decision is given by the authority to an applicant. Notice of an adverse
				decision is deemed to be given on the fifth business day following the date on
				which written notice of the adverse decision is mailed to the applicant by the
				authority by United States mail. A request for reconsideration is deemed to be
				given on the fifth business day following the date on which the request is
				mailed to the authority. A request for reconsideration not timely or properly
				made will be barred. The authority's executive director will promptly review
				each timely request for reconsideration and will recommend, at the next regular
				meeting of the board, action to be taken by the board. The board will review
				and take action on the request for reconsideration and will notify the
				applicant of the board's decision, in writing, within five (5) working days of
				the board's decision. The decision of the board is final.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.13 - ADMINISTRATION OF THE CHILD CARE FACILITY REVOLVING LOAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. The fund shall be administered by the
				authority as a separate account, but may consist of such sub-accounts as the
				authority deems necessary to carry out the purposes of the fund.
B. Money from repayments of loans or payments
				on securities held by the authority for projects authorized specifically by law
				shall be deposited in the fund. The fund shall also consist of any other money
				appropriated, distributed or otherwise allocated to the fund for the purpose of
				financing projects authorized specifically by law.
C. The authority shall adopt a uniform
				accounting system for the fund and related accounts and sub-accounts
				established by the authority, based on generally accepted accounting
				principles.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All non-licensed family child care homes within the state of
				  New Mexico who are intending to participate in the child and adult care food
				  program or the child care services programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The requirements (regulations) set forth herein, are
				  established pursuant to the federal regulations at 7 CFR Part 226 CACFP, 45 CFR
				  Part 98 CCDBG, the New Mexico Public Health Act, Sections
				  24-1-2 and
				  24-1-5
				  NMSA 1978, and the New Mexico Children's Codes, Section
				  32A-15-2 -3 NMSA 1978.
				  These regulations are promulgated by authority 9-2A-7 NMSA 1978. Child care
				  homes registered pursuant to these regulations for participation in the child
				  and adult care food program (CACFP) and child care assistance programs (CCAP)
				  with children, youth and families department (CYFD), are health facilities
				  within the scope of Sections
				  24-1-2,
				  24-1-5
				  NMSA 1978, and Section
				  32A-15-3
				  NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 1, 2016, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 8.17.2 NMAC is to establish standards and
				  procedures to permit independent caregivers who are not required to be licensed
				  as family child care homes under state regulation 8.16.2 NMAC to participate in
				  the federal child and adult care food program and the state and federal child
				  care assistance programs through the registration process. The objective of
				  8.17.2 NMAC is also to establish standards and procedures that promote equal
				  access to services and prohibit discrimination based on race, color, religion,
				  sex (including pregnancy, sexual orientation, or gender identity), national
				  origin, disability, or age (40 or older).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.8 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. An independent
				caregiver who wants to participate in the federal child and adult care food
				program and state and federal child care assistance programs must apply as a
				registered family child care home by submitting an application, receiving an
				on-site health and safety inspection by CYFD, completing the registration
				process and paying the processing charge. One primary caregiver per household
				can be registered or licensed with CCSB. All registered homes receiving child
				care assistance subsidies must be enrolled and participate in the CACFP, unless
				they are exempt. Primary caregivers must provide photo identification to prove
				identity and documentation of proof of address.
B. An applicant will complete an application
				form provided by the registered authority and include payment for the
				non-refundable application fee. Applications will be rejected unless all
				supporting documents are received within six months of the date indicated on
				the application. A 45 day extension will be granted if the applicant provides
				documentation to the licensing authority that documents were submitted to the
				appropriate agencies in a timely manner but, through no fault of their own,
				they have not received responses from these agencies. In home care
				registrations are exempt from the application fee.
C. A home will submit a new application to
				the registered authority before changing anything required to be stated on the
				registration such as: change of name, dates, status or address.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.9 - REGISTERED AUTHORITY (ADMINISTRATION AND ENFORCEMENT RESPONSIBILITY)

Current through Register Vol. 35, No. 13, July 16, 2024
The child care services bureau, registration section, of the
				  early childhood services division of the New Mexico children, youth and
				  families department, hereafter called the registered authority, has been
				  granted the responsibility by CYFD for the administration and enforcement of
				  these regulations pursuant to the Children, Youth and Families Department Act,
				  Section
				  9-2A-1 to
				  9-2A-16
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.11 - 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 8.8.3 NMAC governing background checks and employment history
				verification provisions as promulgated by the children, youth and families
				department. 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 8.8.3 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
				8.8.3.11
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.12 - 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 CYFD, 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 CYFD and sponsoring agencies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.13 - 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 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.14 - 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 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.15 - 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 CYFD 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 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.16 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
By completing the CYFD 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 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.18 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Complaints
				received by CYFD shall be investigated promptly.
B. An authorized CYFD representative
				receiving complaints will ask complainants to identify themselves and provide
				all information necessary to document the complaint.
C. The authorized CYFD 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 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.19 - 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
				hearing regulations in 8.8.4 NMAC.
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 section
				8.17.2.20
				NMAC of this regulation, the applicable hearing procedure shall be that
				contained in section
				8.17.2.20
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.20 - PROBABLE CAUSE OF IMMINENT DANGER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				In circumstances in which Public Health Act Paragraph (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 Paragraph (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 fifteen day period, the department shall
				determine whether other action is warranted under this
				regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.21 - 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 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.23 - 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 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.24 - 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 17 - NON-LICENSED CHILD CARE › Part 2 - REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.17.2.25 - 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 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all early care and education programs
				  that are licensed by CYFD or other appropriate authority, such as child care
				  centers, head start programs and family child care providers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
PRE-KINDERGARTEN ACT, NMSA 1978, 32-A-23-1, et.seq. (as
				  amended)
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule seeks to implement a state-funded pre-kindergarten
				  program through children, youth and families department and addresses
				  collaboration with public education department, program requirements,
				  pre-kindergarten eligibility, requests for proposals and contracts for
				  services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The following definitions are identical to those contained in
				  the Pre-Kindergarten Act unless otherwise specified herein.
A. "Community"means an area defined by school
				district boundaries, tribal boundaries or joint boundaries of a school district
				and tribe or any combination of school districts and tribes.
B. "CYFD" means the children, youth and
				families department.
C. "Early
				childhood development specialist"means the adult teacher or teacher assistant
				responsible for working directly with four-year-old children in implementing
				pre-kindergarten services.
D.
				"Eligible provider"means a program licensed by the children, youth and families
				department that provides early childhood development readiness services or
				preschool special education, or is a public school, tribal program or head
				start program.
E. "Pre-kindergarten
				or pre-k"means a voluntary developmental readiness program for children who
				have attained their fourth birthday prior to September 1.
F. "Pre-kindergarten program" means a
				voluntary program for the provision of pre-kindergarten services throughout the
				state that addresses the total developmental needs of preschool children,
				including physical, cognitive, social and emotional needs, and shall include
				health care, nutrition, safety and multicultural sensitivity.
G. "PED" means the public education
				department.
H. "Request for
				proposal or RFP" means all documents, including those attached or incorporated
				by reference, used for soliciting proposals pursuant to the Procurement Code.
				[13-1-1 through
				13-1-199,
				NMSA 1978]
I. "Tribe" means an
				Indian nation, tribe or pueblo located in New Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.8 - COLLABORATION WITH PUBLIC EDUCATION DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The children, youth and families and public education
				  departments shall cooperate in the development and implementation of a
				  voluntary program for the provision of pre-kindergarten services throughout the
				  state. Such collaboration shall include but not be limited to:
A. developing and issuing the RFP;
B. providing any necessary training to the
				departments' respective pre-kindergarten teachers and their
				supervisors;
C. collection of
				program data that is not identifiable to an individual student;
D. reporting to the governor and legislative
				committees regarding implementation and progress;
E. reviewing and continued implementation of
				pre-kindergarten program standards previously developed by the two departments;
				and
F. making joint recommendations
				with the public education department for legislative changes to the
				Pre-Kindergarten Act or this rule.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.9 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The pre-kindergarten program shall address the total
				  developmental needs of preschool children, including physical, cognitive,
				  social and emotional needs, and shall include health care, nutrition, safety
				  and multicultural sensitivity. In order to implement the pre-kindergarten
				  program, CYFD shall:
A. award program
				funds through an RFP process to early care and education programs that are
				licensed by CYFD or other appropriate authority, such as child care centers,
				head start programs and family child care providers;
B. ensure that the facilities' child care
				licensure is in good standing, including criminal background checks of all
				eligible providers' employees;
C.
				provide technical assistance to providers to ensure effectiveness of the
				pre-kindergarten program;
D. ensure
				that communities being served meet eligibility requirements based on funding
				criteria of the Pre-Kindergarten Act;
E. monitor eligible providers through its
				office of child development for adherence to contract requirements and New
				Mexico pre-kindergarten program standards developed between the two
				departments.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.10 - PRE-KINDERGARTEN ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children who turn four years old before September 1 are
				  eligible to participate in a pre-kindergarten program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.11 - REQUESTS FOR PROPOSALS AND CONTRACTS FOR PRE-KINDERGARTEN SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
CYFD shall:
A.
				issue a request for proposals for pre-kindergarten services to serve eligible
				four-year-old children in their community;
B. ensure that the proposal contains a
				detailed description of the services that are to be provided, including:
(1) how those services shall meet child,
				youth and families department standards;
(2) the number of four-year-old children that
				shall be served;
(3) a description
				of the facilities along with site and floor plans;
(4) other revenue sources and the amounts
				that the eligible pre-kindergarten provider receives;
(5) a description of the qualifications and
				experience for each early childhood development staff at the proposed
				pre-kindergarten site;
(6) the plan
				for communicating with and involving parents/guardians in the pre-kindergarten
				program;
(7) how those services
				meet the continuum of services; and
(8) any other relevant information requested
				by children, youth and families department or public education
				department;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 18 - PRE-KINDERGARTEN PROGRAMS › Part 2 - UNIFORM STANDARDS › Section 8.18.2.12 - UNEXPENDED FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
Any unexpended funds in CYFD's pre-kindergarten fund shall
				  not revert back to the general fund pursuant to NMSA 1978 Sec.
				  32A-23-1
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 21 - TRANSPORTATION ASSISTANCE AND SUPPORT › Part 540 - EMERGENCY ASSISTANCE PROGRAMS, AID TO FAMILIES WITH DEPENDENT CHILDREN - CHILD SAFETY RESTRAINT SEAT PROGRAM › Section 8.21.540.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority, Income Support
				  Division.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 21 - TRANSPORTATION ASSISTANCE AND SUPPORT › Part 540 - EMERGENCY ASSISTANCE PROGRAMS, AID TO FAMILIES WITH DEPENDENT CHILDREN - CHILD SAFETY RESTRAINT SEAT PROGRAM › Section 8.21.540.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule applies to the general public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 21 - TRANSPORTATION ASSISTANCE AND SUPPORT › Part 540 - EMERGENCY ASSISTANCE PROGRAMS, AID TO FAMILIES WITH DEPENDENT CHILDREN - CHILD SAFETY RESTRAINT SEAT PROGRAM › Section 8.21.540.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Article 1 and 2 of Chapter 27 NMSA 1978 authorize the state
				  to administer the aid to families with dependent children program (AFDC). Title
				  IV of the Social Security Act and the rules and regulations of the federal
				  department of health, education and welfare, carried under Title 45, Code of
				  Federal Regulations, established the requirements for state plans for
				  assistance to families with dependent children. Section 9-8-1 et seq. NMSA 1978
				  establishes the health care authority (HCA) as a single, unified department to
				  administer laws and exercise functions relating to health care facility
				  licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 21 - TRANSPORTATION ASSISTANCE AND SUPPORT › Part 540 - EMERGENCY ASSISTANCE PROGRAMS, AID TO FAMILIES WITH DEPENDENT CHILDREN - CHILD SAFETY RESTRAINT SEAT PROGRAM › Section 8.21.540.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 21 - TRANSPORTATION ASSISTANCE AND SUPPORT › Part 540 - EMERGENCY ASSISTANCE PROGRAMS, AID TO FAMILIES WITH DEPENDENT CHILDREN - CHILD SAFETY RESTRAINT SEAT PROGRAM › Section 8.21.540.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 21 - TRANSPORTATION ASSISTANCE AND SUPPORT › Part 540 - EMERGENCY ASSISTANCE PROGRAMS, AID TO FAMILIES WITH DEPENDENT CHILDREN - CHILD SAFETY RESTRAINT SEAT PROGRAM › Section 8.21.540.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the AFDC - emergency assistance child safety
				  restraint seat program is to assist needy children and their families by
				  providing newborn children with child safety restraint seats. The seats, as
				  well as training on their use, will be provided to families with a newborn
				  child upon their release from a hospital. The program is a joint effort between
				  HCA and the department of health (DOH) as DOH is responsible for assuring the
				  health and safety of New Mexico residents. In such capacity, DOH has agreed to
				  obtain and distribute child safety restraint seats for the purpose of the
				  EACSRS program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 21 - TRANSPORTATION ASSISTANCE AND SUPPORT › Part 540 - EMERGENCY ASSISTANCE PROGRAMS, AID TO FAMILIES WITH DEPENDENT CHILDREN - CHILD SAFETY RESTRAINT SEAT PROGRAM › Section 8.21.540.7 - DEFINITIONS [RESERVED]

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 21 - TRANSPORTATION ASSISTANCE AND SUPPORT › Part 540 - EMERGENCY ASSISTANCE PROGRAMS, AID TO FAMILIES WITH DEPENDENT CHILDREN - CHILD SAFETY RESTRAINT SEAT PROGRAM › Section 8.21.540.8 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Eligibility is based upon four requirements: destitution,
				  emergency situation, compliance with project forward components, and
				  birth.
A.
Destitution:
To
				be eligible to receive AFDC -emergency assistance child safety restraint seat
				program benefits, an applicant's respective family is required to receive AFDC
				and provide documentation of such. Consequently, in order to receive a child
				safety restraint seat and the associated training, applicant families will be
				required to present proof of AFDC benefits, preferably by presenting their
				medicaid card.
B.
Emergency
				situation:
To be eligible to receive AFDC - emergency assistance child
				safety restraint seat program benefits, applicants are required to be in an
				emergency situation. Consequently, an emergency situation needs to be
				designated by respective hospital personnel.
C.
Compliance with project forward
				components:
To be eligible to receive AFDC -emergency assistance child
				safety restraint seat program benefits, applicant's respective families must
				have complied with project forward components. The emergency condition must not
				have arisen because an adult family member refused to accept employment or
				training for employment.
D.
Birth requirements:
To be eligible to receive AFDC - emergency
				assistance child safety restraint seat program benefits, applicant's respective
				families must have recently given birth. Applicants must receive benefits upon
				their first release from the hospital.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department Act,
				  9-2A-7
				  D, NMSA 1978; New Mexico Children's Code Adoption Act, 32A-5-6-A, NMSA
				  1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards for the provision of foster care
				  adoption services for children in PSD custody and for families who are seeking
				  to foster and adopt, or current resource parents who want to adopt those
				  children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Administrative appeal"
is a formal hearing for families whose
				license has been revoked, suspended, or not renewed. The family has the
				opportunity to present evidence to an impartial hearing officer in accordance
				with CYFD's Administrative Appeals regulations 8.8.4 NMAC.
B.
"Administrative review"
is an
				informal process that may include an informal conference or record review, and
				does not create any substantive rights for the family.
C.
"Adoptee"
refers to any
				person who is the subject of an adoption petition.
D.
"Adoption"
is the
				establishment of a court sanctioned legal parental relationship between an
				adult and a child.
E.
"Adoption subsidy"
is a third party payment program that may
				include reimbursement for adoption related expenses, monthly maintenance
				payments, medical provisions, or payments for pre-approved expenses for
				pre-existing conditions.
F.
"Adoption tax credit"
is a federal or state tax credit program
				that may be available to families who adopt children from foster
				care.
G.
"Adoptive
				home"
refers to:
(1) a resource family
				licensed by PSD or a licensed child placement agency who chooses to adopt a
				child in foster care; or
(2) a
				family approved by a private agency or a licensed individual to adopt a
				child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.8 - PURPOSE OF PLACEMENT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of placement services is to recruit, support and
				  retain safe and stable families willing to make life long commitments to
				  children in foster care and their families, to create permanent families for
				  children requiring adoption, and to ensure a child's safety, permanency, and
				  well-being.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.9 - CHILD ELIGIBILITY CRITERIA AND WAITING LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. A child is eligible for foster care and
				adoption services when in PSD custody under a court's jurisdiction or through a
				voluntary placement agreement.
B.
				There are no waiting lists for eligible children.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.10 - RECRUITMENT AND INQUIRIES FOR PSD FAMILIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD recruits foster and adoptive families
				and responds to inquiries from individuals interested in becoming resource or
				adoptive parents. PSD provides general information regarding the special needs
				of children requiring foster care and adoption, and makes attempt to identify
				and locate relatives or fictive kin for consideration of placement.
B. PSD completes an annual recruitment plan
				to recruit resource and adoptive families. The recruitment plan, at a minimum,
				addresses the following:
(1) information
				about the characteristics and needs of available children;
(2) information about the nature of the
				foster care and adoption process; and
(3) information about the cultural, racial,
				and ethnic identity of children in the population.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 26 - FOSTER CARE AND ADOPTION › Part 2 - PLACEMENT SERVICES › Section 8.26.2.11 - RIGHTS OF RESOURCE PARENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. PSD
				shall provide services to resource parents and prospective resource parents
				without regard to race; ethnicity; creed; color; age; religion; sex or gender;
				gender identity; gender expression; sexual orientation; marital status or
				partnership; familial or parental status; pregnancy and breastfeeding or
				nursing; disability; genetic information; intersex traits; medical condition,
				including HIV/AIDS; citizenship or immigration status; national origin; tribal
				affiliation; ancestry; language; political affiliation; military or veteran
				status; status as a survivor of domestic violence; sexual assault, or stalking;
				or any other factor unrelated to suitability to parent.
B. PSD shall share records or information
				about the social, medical, psychological or educational needs of a child in PSD
				custody to a resource parent who is considering a child for placement to make
				an informed decision regarding the placement.
C. PSD staff shall provide updated
				information regarding the status of a child's case to the resource parent, upon
				request of any confidential records or information concerning the child's
				social, medical, psychological or educational needs pursuant to the New Mexico
				Children's Code 32A-4-33 NMSA 1978.
C. Resource parents shall maintain
				confidentiality of all information regarding the child in foster care and the
				child's family as described herein at 8.26.2.12 N, NMAC.
D. PSD shall inform resource parents of their
				right to receive notice of and be heard at any court proceeding held with
				respect to the child placed in the home.
E. Prior to full licensure, the PSD shall
				provide resource families with a copy of the "resource family bill of rights
				and grievance process." PSD shall review the "resource family bill of rights
				and grievance process" and "memorandum of agreement for resource families" with
				the family prior to full licensure.