reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Terms
				beginning with the letter "A":
(1)
"Attending a job training or educational program"
means actively
				participating in an in-person or online job training or educational
				program.
(2)
"At-risk child
				care"
means a program for families at-risk as determined by the
				department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.8 - TYPES OF CHILD CARE

Current through Register Vol. 35, No. 13, July 16, 2024
These policies apply to child care assistance benefits
				  provided to eligible children for the following types of child care to ensure
				  that parents or legal guardians have a variety of child care services from
				  which to choose:
A. licensed child care
				programs administered by public schools and post-secondary institutions that
				provide on-site care for the children of students;
B. licensed child care programs administered
				by tribal entities;
C. licensed
				child care programs administered by church or religious
				organizations;
D. in-home
				care;
E. licensed child care
				centers;
F. registered family
				childcare homes;
G. licensed family
				and group childcare homes;
H.
				licensed out of school time programs;
I. licensed programs operated by employers
				for their employees; and
J.
				FFN.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.9 - PRIORITIES FOR ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Any funds received by the department under the child care
				  development fund and other sources are expended for child care assistance
				  pursuant to the following priorities:
A. Priority one: Clients receiving temporary
				assistance to needy families (TANF) benefits to include TANF diversionary
				payment, are considered priority one clients.
(1) Participation exemption: The human
				services department (HSD) grants participation exemptions to TANF clients who
				cannot locate child care. The children, youth and families department is
				responsible for the verification of the TANF participant's inability to locate
				child care. Reasons for a participation exemption due to lack of child care are
				as follows:
(a) the unavailability of
				appropriate child care within a reasonable distance from the individual's home
				or work site;
(b) the
				unavailability or unsuitability of informal child care by a relative or under
				other arrangements; or
(c) the
				unavailability of appropriate and affordable formal child care by a relative or
				under other arrangements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.10 - APPLICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Clients apply
				for child care assistance benefits by presenting the following documents to
				establish eligibility:
(1) a completed signed
				application form;
(2) documentation
				of current countable earned and unearned income as listed below and defined in
				Paragraph (5) of Subsection C of
				8.15.2.11
				NMAC;
(3) documentation of the
				applicant's TANF eligibility or participation, if applicable, and can include
				applicant's social security number or assigned TANF identification
				number;
(4) school schedule or
				verification of educational activity, if applicable;
(5) demonstration of incapacity for parent or
				legal guardian, if applicable;
(6)
				verification of birth for all applicant's household children;
(7) documentation of qualifying immigration
				status, as defined by the United States department of health and human
				services, administration for children and families, office of child care, for
				all children requesting child care assistance;
(8) verification of custody of children, if
				applicable;
(9) verification of
				dependency of a child or adult household member, if applicable;
(10) documentation of New Mexico
				residency;
(11) identification for
				parent/guardian; and
(12)
				department approved provider.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.11 - ELIGIBILITY REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Clients are eligible for child care assistance benefits upon
				  meeting the requirements for eligibility as determined by the department and
				  federal regulation.
A. Child care staff
				will initiate communication at the initial determination of their eligibility
				period to provide outreach and consumer education with a case management
				approach and coordination of services to support families.
B. Eligibility period: Based upon the client
				meeting all eligibility requirements, a 12-month certification period will be
				granted.
(1) Eligibility may be granted for
				less than 12 months at the parent or legal guardian's request. The parent or
				legal guardian will, however, remain eligible for the approved 12-month
				eligibility period.
(2) At-risk
				child care may be granted for less than 12 months as determined by the
				department.
(3) Eligibility may be
				granted for up to three months for seeking employment. The eligibility may be
				closed if the client fails to obtain a qualifying activity within three months.
				The department has the discretion to extend the job search period.
(4) The client will remain eligible if a
				temporary change of activity occurs.
(5) If a client experiences a non-temporary
				change in activity, the child care placement agreement may close; however, the
				client will remain eligible for the approved 12-month eligibility
				period.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.12 - RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
Clients must recertify for services at the end of their
				  eligibility period by complying with all requirements of initial certification.
				  Clients who recertify will qualify at or below two hundred and fifty percent of
				  the federal poverty level. Clients above two hundred and fifty percent of the
				  federal poverty level must qualify as an essential worker as defined in
				  Paragraph (2) of Subsection E of
				  8.15.2.9
				  NMAC. Clients designated as essential workers who recertify must be at or below
				  four hundred and twenty-five percent of the federal poverty level. If
				  recertification is not completed in a timely manner, the case may be closed on
				  the last day of the month for which assistance is provided under the previous
				  child care placement agreement. At time of recertification, clients must
				  provide documentation of income, or proof of school enrollment. Changes in
				  income, household size, employment, training or educational status are noted in
				  the client's record. Co-payment, if applicable, is re-determined at the time of
				  recertification. A 12-month certification period will be granted in accordance
				  with eligibility requirements outlined in Subsection B of
				  8.15.2.11
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.13 - CLIENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Clients must abide by the regulations set forth by the
				  department and utilize child care assistance benefits only while they are
				  working, attending school or participating in a training or educational
				  program.
A. Co-payments: Co-payments
				are paid by all clients receiving child care assistance benefits, except for
				at-risk child care and qualified grandparents or legal guardians. Co-payments
				are determined by income and household size. The co-payment schedule is
				published yearly at
https://www.nmececd.org/child-care-assistance/
.
				In the case of an emergency, or under extenuating circumstances, the department
				secretary may waive co-payments for families receiving child care, during which
				period, the department will pay providers the client's approved rate, including
				required co-payments.
B.
				Co-payments described in Subsection A of 8.15.2.13 NMAC, are used for
				determining the base co-payment for the first eligible child. The formula for
				determining the co-payment amount based on the co-payment schedule for the
				first full time child is (low end of the monthly income bracket on the
				co-payment schedule ÷ 200 percent of annual federal poverty level for
				household size) X (low end of the monthly income bracket on the co-payment
				schedule) X 1.1 = monthly copayment for first full time child. Base co-payments
				for each additional child are determined at one half of the co-payment for the
				previous child.
(1) The first child is
				identified as the child requiring the most hours of child care.
(2) Each additional child will be ranked
				based on the most number of hours needed for child care to the least number of
				hours needed for child care.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.14 - CASE SUSPENSIONS AND CLOSURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A case may be suspended by the client if
				child care benefits are not being utilized for a period not to exceed three
				months with payment being discontinued to the provider. The client will remain
				eligible for child care assistance through the remainder of their eligibility
				period.
B. If the client
				experiences a non-temporary change of activity including the loss of
				employment, no longer attending school, or no longer participating in a job
				training or education program, the child care placement agreement may close;
				however, the client will remain eligible for the approved 12-month eligibility
				period.
C. A case will be closed if
				the following conditions apply:
(1) any
				non-temporary change in activity;
(2) income in excess of two hundred and fifty
				percent federal poverty level or a client designated as an essential worker, as
				defined in Paragraph (2) of Subsection E of
				8.15.2.9
				NMAC, with an income in excess of four hundred and twenty-five percent of the
				federal poverty level;
(3) failing
				to recertify at the end of approved eligibility period; or
(4) being disqualified from participation in
				the program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.15 - PROVIDER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Child care providers mustabide by all department
				  regulations. Child care provided for recreational or other purposes, or at
				  times other than those outlined in the child care placement agreement, are paid
				  for by the client.
A. All child care
				providers who receive child care assistance reimbursements are required to be
				licensed or registered by the department and meet and maintain compliance with
				the appropriate licensing and registration regulations in order to receive
				payment for child care services. Beginning July 1, 2012, child care programs
				holding a 1-star license are not eligible for child care assistance subsidies.
				The department honors properly issued military child care licenses to providers
				located on military bases and tribal child care licenses properly issued to
				providers located on tribal lands.
B. Signed child care placement agreements
				(including electronically signed child care placement agreements) must be
				returned by hand delivery, mail, email, fax, or electronic submission to the
				local child care office within 30 calendar days of issuance. Failure to comply
				may affect payment for services and the child care placement agreement will be
				closed. The department will provide reasonable accommodations to allow a client
				or provider to meet this requirement.
C. Child care providers collect required
				co-payments from clients and provide child care according to the terms outlined
				in the child care placement agreement.
D. Notification of changes: Child care
				providers must notify the department if a child is disenrolled or child care
				has not been used for 14 consecutive calendar days without notice from the
				client.
(1) If the above notification was met,
				the provider will be paid through the 14th calendar day following the first
				date of nonattendance.
(2) If a
				provider does not notify the department of disenrollment or of non-use for 14
				consecutive calendar days, the provider will be paid through the last date of
				attendance.
(3) If a child was
				withdrawn from a provider because the health, safety, or welfare of the child
				was at risk, as determined by a substantiated compliant against the child care
				provider, payment to the former provider will be made through the last day that
				care was provided.
(4) Providers
				who do not comply with this requirement are sanctioned and may be subject to
				recoupment or disallowance of payments as provided in
				8.15.2.21
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.16 - DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				department pays child care providers who provide child care services to
				department clients in a timely manner.
B. Child care assistance workers perform all
				casework functions in a timely manner, including the processing of payments and
				notifications of case actions.
C.
				Child care assistance workers will perform all eligibility and recertification
				determinations within 10 working days upon receipt of all required
				documentation from the client.
D.
				Child care assistance workers notify clients and providers in writing of all
				actions, which affect services, benefits, or provider payments or status,
				citing the applicable policy.
E.
				Child care assistance workers determine eligibility for all child care
				assistance programs except for TANF. Eligibility for TANF is determined by the
				New Mexico human services department.
F. Child care assistance workers must inform
				parents or legal guardians of their right to choose their child care providers
				and provide information on how to look for quality child care in a
				provider.
G. The department and
				other organizations approved by the department provide information and
				orientation programs regarding child care assistance benefits, quality child
				care issues, and the impact of child care on the child's physical, mental,
				social and emotional development to parents or legal guardians and
				providers.
H. The department and
				other organizations approved by the department offers provider education
				programs consisting of training on program participation requirements, parent
				or legal guardian and provider responsibilities, licensing and registration
				requirements, payment issuance and background check processing, the competency
				areas for child care providers as outlined by the office of child development,
				or the department, the importance of providing quality child care, and other
				topics of interest to parents or legal guardians and providers. These education
				programs count toward the continuing education hours required of providers by
				registration and licensing regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.17 - PAYMENT FOR SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
The department pays child care providers on a monthly basis,
				  according to standard practice for the child care industry. Payment is based
				  upon the child's enrollment with the provider as reflected in the child care
				  placement agreement, rather than daily attendance. As a result, most placements
				  reflect a month of service provision and are paid on this basis. However,
				  placements may be closed at any time during the month. A signed child care
				  placement agreement must be returned to the department for payment to be issued
				  to the provider. The following circumstances under which the department may
				  close placements or discontinue payment at a time other than the end of the
				  month:
A. When the child care placement
				agreement expires during the month, or when the provider requests that the
				client change providers or the provider discontinues services; payment will be
				made through the last day that care is provided.
B. Payment for notification of changes:
(1) If a client fails to notify the
				department within 14 calendar days of their expected last day of enrollment,
				the department will pay the provider 14 calendar days from the last day of
				nonattendance. The child care placement agreement with the new provider shall
				become effective when payment to the previous provider ceases.
(2) If the provider notifies the department
				of a child who is disenrolled or child care has not been used for 14
				consecutive calendar days, the provider will be paid through the 14th calendar
				day following the last day of attendance.
(3) If a provider does not notify the
				department of disenrollment or of nonattendance for 14 consecutive calendar
				days, the provider will be paid through the last date of attendance.
(4) If a child was withdrawn from a provider
				because the health, safety, or welfare of the child was at risk, as determined
				by a substantiated compliant against the child care provider, payment to the
				former provider will be made through the last day that care was
				provided.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.18 - UNDER PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
If a client or provider is underpaid for child care services,
				  the department may issue a one-time payment within 15 calendar days of the
				  department's knowledge or receipt of notification. Notification of the
				  department by the client or provider must occur within three months of the
				  occurrence of alleged underpayment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.19 - OVER PAYMENT AND RECOUPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
If a provider receives payment for services for which he/she
				  is not entitled, or a client receives benefits on behalf of their child for
				  which he/she is not entitled, and this results in an overpayment, the child
				  care worker will initiate recoupment procedures unless the early childhood
				  services director deems otherwise in exceptional circumstances. Recoupments
				  will only be sought from providers. The department will not seek a recoupment
				  from a client unless substantiated fraud by that client has been determined.
				  The client or provider must repay the amount of the overpayment to the
				  department within 30 calendar days of notification, unless the department
				  determines that the amount is so large that it cannot be paid in one lump sum.
				  In this case, the department may allow the client or provider to repay the
				  amount over a payment period, negotiated between the client and the department,
				  usually not to exceed four months. Failure to pay the overpayment within 30
				  days of the notice or failure to make regular payments under an agreed upon
				  payment schedule may result in sanctions including termination of benefits or
				  referral of the account to a collection agency or legal
				  action.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.20 - FRAUD

Current through Register Vol. 35, No. 13, July 16, 2024
The purposeful misrepresentation of facts relating to
				  eligibility for benefits, or knowingly omitting information that affects
				  eligibility is fraud and appropriate sanctions, including recoupment,
				  termination of benefits, and referral to law enforcement, are initiated by the
				  department. Fraudulent cases are reported to the department, which will take
				  such action as is deemed necessary. The case remains open at the same rate of
				  benefits until the investigation is concluded and disposition is determined. In
				  cases where substantiated fraud has been determined, the department may
				  disqualify a client or provider until their debt has been paid in
				  full.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.21 - SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Sanctions may be imposed according to the severity of the
				  infraction as determined by the department as detailed below.
A. Providers or clients who fail to make
				timely payments in the case of recoupment of overpayments may be referred to a
				collection agency.
B. The
				department may initiate the recoupment process against any provider who fail to
				report in a timely manner that a child has not been in attendance for 14
				consecutive calendar days.
C.
				Providers who allow their registration or license to lapse without renewal will
				not be paid during the periods for which the license or registration is not
				current. Providers who lose national accreditation status or lose eligibility
				for payment at any level of reimbursement for failure to maintain the standards
				required to be paid at that level of reimbursement, will not be paid at that
				level of reimbursement beginning with the first day of the month during which
				the loss of accreditation or eligibility occurred. Payment recoupment will be
				sought for any period for which excessive benefits have been paid.
D. Clients who fail to pay co-payments may be
				disqualified until the co-payment is paid or until an agreement is made between
				the client and the provider to bring the co-payment current.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.22 - FAIR HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
Clients who have been denied benefits, whose benefits have
				  been reduced, terminated, or who have been sanctioned or disqualified from the
				  program, or providers who have been sanctioned, disqualified from the program,
				  had assistance payments suspended or terminated, or from whom a payment
				  recoupment is being sought may request a fair hearing. The request for a fair
				  hearing must be made in writing within 30 calendar days from the date the
				  department took the adverse action affecting the claimant's benefits.
A. The department reviews the request for
				hearing and determines if the matter can be resolved without proceeding to a
				fair hearing. If the matter cannot be resolved without a fair hearing, the
				department conducts the fair hearing within 60 calendar days of receipt of the
				letter requesting the hearing and notifies the claimant of the date of the
				hearing no less than 14 calendar days prior to the hearing. The location of the
				hearing must be easily accessible to the claimant. Conducting the fair hearing
				by telephone is permitted. The claimant may request a change of date, provided
				that the 60 calendar day time limit is not exceeded.
B. The department appoints a hearing officer.
				The department is not responsible or liable for a claimant's travel costs,
				legal costs, or any other costs associated with the claimant's request for a
				fair hearing.
C. The hearing
				officer reviews all of the relevant information and makes a final decision
				within 30 calendar days of the hearing. The final decision is binding upon the
				department and claimant and implemented within 14 calendar days of the hearing
				decision. The claimant is notified in writing of the hearing officer's decision
				within 14 calendar days of the hearing decision.
D. At the claimant's option the case may
				remain open at the same benefit level until disposition. If the decision is in
				favor of the department, the claimant is responsible for repayment of all
				monies received to which the claimant was not entitled, unless the hearing
				decision provides otherwise or the early childhood services director authorizes
				otherwise in exceptional circumstances. The fair hearing process is not
				intended as a means to extend the time for receipt of child care assistance
				payments to which the recipient is not otherwise entitled, and therefore
				exceptional circumstances must be explicitly stated.
E. Child care assistance workers determine
				eligibility for all child care assistance programs except for TANF. Eligibility
				for TANF is determined by the New Mexico human services department. If TANF
				benefits are modified or terminated by HSD, then the client applies for a fair
				hearing to HSD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.23 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Clients or providers who are dissatisfied with the services
				  provided by the department may express their complaints orally or in writing to
				  the local field office, the central office, the director's office or the office
				  of the department secretary. The department's toll free number is posted in
				  each office and made available to clients and providers upon request. The local
				  supervisor, bureau chief, director or secretary responds to complaints by
				  clients or providers orally or in writing as is deemed appropriate in each
				  case.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.24 - CO-PAYMENT SCHEDULE

Current through Register Vol. 35, No. 13, July 16, 2024
The department will develop and publish an annual co-payment
				  schedule based on the federal poverty guidelines.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 15 - CHILD CARE ASSISTANCE › Part 2 - REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS › Section 8.15.2.25 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Client files are established and maintained solely for use
				  in the administration of the child care assistance program. Information
				  contained in the records is confidential and is released only in the following
				  limited circumstances:
A. to the
				client upon request;
B. to an
				individual who has written authorization from the client;
C. to department employees and agents who
				need it in connection with program administration, including program auditors;
				or
D. to other agencies or
				individuals including law enforcement officers who satisfy the following
				conditions:
(1) agency or individual is
				involved in the administration of a federal or a federally-assisted program,
				which provides assistance in cash, in kind or in services directly to
				individuals on the basis of need;
(2) information is to be used for the purpose
				of establishing eligibility, determining amount of assistance or for providing
				services for applicants or recipients;
(3) agency or individual is subject to
				standards of confidentiality comparable to those contained herein;
				and
(4) agency or individual has
				actual or implied consent of the applicant or recipient to release the
				information; in an emergency, information may be released without permission,
				but the client must be informed of its release immediately thereafter; consent
				may be considered as implied if the client has made application to the
				inquiring agency for a benefit of service;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department (CYFD).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All child care centers, out of school time programs, family
				  child care homes, and other early care and education programs within the state
				  of New Mexico.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein, which govern the licensing
				  of facilities providing child care to children, have been promulgated by the
				  secretary of the New Mexico children, youth and families department, by
				  authority of the Children, Youth and Families Department Act, Section
				  9-2A-1 to
				  9-2A-16
				  NMSA 1978, and Sections
				  24-1-2(D),
				  24-1-3(I)
				  and
				  24-1-5
				  of the Public Health Act, Sections
				  24-1-1 to
				  24-1-22,
				  NMSA 1978, as amended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.5 - 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 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 8.16.2 NMAC is to establish standards and
				  procedures for the licensing of facilities and educators who provide child care
				  to children within New Mexico. These standards and procedures are intended to:
				  establish minimum requirements for licensing facilities providing
				  non-residential care to children in order to protect the health, safety, and
				  development of the children; monitor facility compliance with these regulations
				  through surveys to identify any areas that could be dangerous or harmful to the
				  children or staff members; monitor and survey out of school time programs; and
				  encourage the establishment and maintenance of child care centers, homes and
				  facilities for children that provide a humane, safe, and developmentally
				  appropriate environment. These regulations apply during all hours of operation
				  for child care centers, homes and out of school time programs. The objective of
				  8.16.2 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 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.7 - 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; and
(c) 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 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.8 - RELATED REGULATIONS AND CODES

Current through Register Vol. 35, No. 13, July 16, 2024
Facilities subject to these regulations are also subject to
				  the current versions of the following regulations and codes:
A. New Mexico health department regulations,
				control of disease and conditions of public health significance, 7.4.3
				NMAC.
B. New Mexico health
				department regulations, control of communicable disease in health facility
				personnel, 7.4.4 NMAC.
C. New
				Mexico health department regulations, governing public access to information in
				the department records, 7.1.3 NMAC.
D. New Mexico department of health
				regulations, health facility licensure fees and procedures, 7.1.7
				NMAC.
E. New Mexico children, youth
				and families department regulations, administrative appeals, 8.8.4
				NMAC.
F. New Mexico department of
				health regulations, health facility sanctions and civil monetary penalties,
				7.1.8 NMAC.
G. New Mexico children,
				youth and families department regulations, governing background check and
				employment history of licensees and staff of child care facilities, 8.8.3
				NMAC.
H. New Mexico environment
				department, food service and food processing, 7.6.2 NMAC.
I. Latest edition adopted by the New Mexico
				state fire board of the national fire protection association life safety code
				handbook 101.
J. Latest edition
				adopted by the New Mexico state fire board of the international fire
				code.
K. Latest edition adopted by
				the New Mexico construction industries division of the uniform building code
				enacted by the international conference of building officials.
L. Latest edition of the New Mexico building,
				plumbing/mechanical and electrical codes adopted by the New Mexico construction
				industries division.
M. New Mexico
				department of health regulations governing immunizations required for school
				attendance immunization requirement, 7.5.2 NMAC.
N. Federal Americans with Disabilities Act
				(ADA).
O. New Mexico department of
				agriculture Regulations Pesticide Control Act, Chapter 76, Article 4, Sections
				1 through 39, NMSA 1978 and 21.17.50 NMAC.
P. Latest edition of critical heights of
				playground equipment for various types and depths of resilient surfaces based
				on information from the U.S. consumer product safety commission (CPSC
				Publication No. 325), handbook for public playground safety.
Q. Any code, ordinance, or rule of a
				governing body, including but not limited to cities, towns, or counties having
				jurisdiction over the area in which the facility is situated.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.9 - APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
These regulations apply to public or private facilities and
				  homes that provide care, education, services, and supervision to children less
				  than 24 hours of any day, come within the statutory definition of "health
				  facilities" set out in Section
				  24-1-2(D)
				  of the Public Health Act, Section
				  24-1-1 to
				  24-1-22
				  NMSA 1978 as amended, and are required to be licensed by the licensing
				  authority. These regulations do not apply to any of the following.
A. Facilities providing child care for 24
				hours on a continuous basis. Such facilities are covered by other regulations
				promulgated by the children, youth and families department that are available
				upon request from the licensing authority.
B. Child care facilities operated by the
				federal government or a tribal government.
C. Child care facilities operated by a public
				school system and governed by the local school board.
D. Private schools accredited or recognized
				by the New Mexico department of education, operated for educational purposes
				only for children age five years or older.
E. Child care facilities provided exclusively
				for children of parents who are simultaneously present in the same
				premises.
F. Summer religious
				schools held on a church, religious building or house of worship
				premises.
G. Summer camps,
				wilderness camps, and programs operated for recreational purposes only by
				recognized organizations such as churches, schools, and the boy and girl
				scouts, provided such camps and programs are not conducted in private
				residences.
H. Any individual who
				in their own home provides care, services and supervision to four or fewer
				nonresident children.
I. Parent's
				day out programs held in a church, religious building or house of worship, or
				public building operating for no more than eight hours per week and no more
				than four hours on any given day. The program will be staffed by parents
				participating in the program, or by others who are members of the church or
				public affiliation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.10 - LICENSING AUTHORITY (ADMINISTRATION AND ENFORCEMENT RESPONSIBILITY)

Current through Register Vol. 35, No. 13, July 16, 2024
The child care services bureau, licensing section, of the
				  early childhood services division of the New Mexico children, youth and
				  families department, hereafter called the licensing authority, has been granted
				  the responsibility for the administration and enforcement of these regulations
				  by authority of 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 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.11 - LICENSING

Current through Register Vol. 35, No. 13, July 16, 2024
A. TYPES OF
				LICENSES:
(1) ANNUAL LICENSE: An annual
				license is issued for a one-year period to a child care facility that has met
				all requirements of these regulations.
(a)
				1-star level requires meeting and maintaining licensing requirements at all
				times, except for the requirements outlined in the following items: Items (i),
				(ii) and (iii) of Subparagraph (a) of Paragraph (1) of Subsection A of
				8.16.2.11 NMAC. 1-star level is designated for programs not receiving child
				care subsidy. All 1-star educators receiving subsidy and licensed at the time
				of publication of these rules shall have until July 1, 2012 to meet 2-star
				requirements included in the following sections of these regulations:
(i) for centers: Paragraph (16) of Subsection
				G of
				8.16.2.22
				NMAC, Paragraphs (5) through (9) of Subsection G of
				8.16.2.24
				NMAC, and Subsection H of
				8.16.2.24
				NMAC;
(ii) for licensed family and
				group child care homes: Paragraph (4) of Subsection E of
				8.16.2.32
				NMAC, Paragraph (14) of Subsection F of
				8.16.2.32
				NMAC, Paragraphs (4) through (8) of Subsection G of
				8.16.2.34
				NMAC, and Subsection H of
				8.16.2.34
				NMAC;
(iii) for licensed out of
				school time programs: Subparagraph (k) of Paragraph (1) of Subsection E of
				8.16.2.41
				NMAC, Paragraph (14) of Subsection F of
				8.16.2.41
				NMAC, Paragraphs (5) through (9) of Subsection B of
				8.16.2.43
				NMAC and Subsection C of
				8.16.2.43
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.13 - CIVIL MONETARY PENALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The following factors shall be considered by the licensing authority when
				determining whether to impose civil monetary penalties:
(1) death or serious injury to a
				child;
(2) abuse, neglect or
				exploitation of a child;
(3)
				regulatory violations which immediately jeopardize the health and safety of a
				child;
(4) numerous violations,
				which combined, jeopardize the health and safety of a child;
(5) repetitive violations of the same nature
				found during two or more consecutive on-site visits or surveys of a child care
				facility;
(6) failure of a child
				care facility to correct violations found during previous surveys or
				visits;
(7) intentional
				misrepresentation regarding condition of the facility;
(8) effect of a civil monetary penalty on
				financial viability of the facility; or
(9) extenuating circumstances, which allow
				the licensing authority greater discretion to consider both mitigating and
				exacerbating circumstances not specifically defined.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.14 - WAIVERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Programs,
				facilities or homes licensed under these regulations may request a waiver from
				any of the requirements of these regulations by applying, in writing, to the
				licensing authority for a waiver. The request should identify the regulatory
				requirement for which a waiver is requested, the reason for the waiver, and any
				action proposed to meet the intent of the regulation.
B. Requests for waivers that involve
				construction of any type on a current licensed premise must be reviewed and
				approved by the licensing authority prior to the initiation of the
				construction.
C. Requests for
				waivers will be reviewed and approved or denied within 30 calendar days of
				receipt by the licensing authority.
D. Requests for waivers may include temporary
				operating standards following a CYFD recognized disaster.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.15 - VARIANCES - CURRENTLY LICENSED FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. If a child care facility licensed on the
				date these regulations are promulgated provides the services prescribed but
				fails to meet all building requirements, the licensing authority will grant a
				variance, provided that the variances granted:
(1) will not create a hazard to the health,
				safety, or welfare of children and staff members; and
(2) is for building requirements that cannot
				be corrected without an unreasonable expense to the child care
				facility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.16.2.16 - VARIANCES - NEW CHILD CARE FACILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A new child care facility may be located in an existing
				  building or a newly constructed building.
A. If opened in an existing building, the
				licensing authority may grant a variance for those building requirements the
				child care facility cannot meet provided any variance is not in conflict with
				existing building and fire codes.
B. A new child care facility opened in a
				newly constructed building will meet all requirements of these
				regulations.
C. The licensing
				authority will make all variances granted a permanent part of the child care
				facility file.
D. The licensing
				authority may grant a variance for those requirements contained in
				8.16.2.8
				NMAC related regulations and codes if the licensee provides written
				documentation from the relevant authority identified in these regulations that
				the licensee complies with those requirements or has been granted a waiver or
				variance from them.