reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.16 - 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 8.9.4.8 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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.17 - SURVEYS FOR CHILD CARE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensing
				authority will conduct a survey at least twice a year in each child care
				facility using these regulations as criteria. The licensing authority will
				conduct additional surveys or visit the child care facility additional times to
				provide technical assistance, to check progress on correction of deficiencies
				found on previous surveys, or to investigate complaints.
B. Upon the completion of a survey, the
				licensing authority will discuss the findings with the licensee or their
				representative and will provide the child care facility with an official
				written report of the findings and a request for a plan or plans of correction,
				if appropriate.
C. The licensee,
				director, or operator, will submit within 10 working days after the date of the
				survey, a corrective action plan to the licensing authority for deficiencies
				found during the survey. The corrective action plan will be specific on how and
				when the child care facility will correct the deficiency or
				deficiencies.
D. The licensing
				authority may accept the corrective action plan as written or require
				modifications of the plan.
E. By
				applying for either a new license or a license renewal, the licensee grants the
				licensing authority representative the right to enter the premises and survey
				the child care facility, including inspection and copying of child care
				facility records, both while the application is being processed and, if
				licensed, at any time during the licensure period.
F. The licensing authority may or may not
				announce a survey. The licensee must grant immediate access upon the licensing
				authority's arrival. At all times, a person who is knowledgeable in the daily
				operations, has access to all records and locked areas, and can represent the
				licensee or director for survey purposes will be present in the child care
				facility.
G. If a facility has
				video cameras on the premises that has recording capabilities, footage must be
				accessible to the licensing authority upon request.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.18 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				licensing authority will process any complaint regarding any child care
				facility licensed or required to be licensed under these regulations. The
				investigatory authority of the licensing authority is limited to matters
				pertaining to these regulations.
B.
				A licensing authority representative receiving complaints will ask complainants
				to identify themselves and provide all information necessary to document the
				complaint.
C. The licensing
				authority 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 licensing authority follows established protocols and procedures for
				prioritizing, tracking, initiating and reporting of complaints and complaint
				investigations. Complaints will be investigated in a timely manner as follows.
(1) Priority 1 complaints: investigation will
				be initiated within 24 hours.
(2)
				Priority 2 complaints: investigation will be initiated within three working
				days.
(3) Priority 3 complaints:
				investigation will be initiated within five working days.
(4) Initiation timeframes for investigations
				may be shortened based on the severity and nature of the complaint, but
				timeframes may not be extended.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.19 - BACKGROUND CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
Background checks will be conducted in accordance with the
				  most current regulations related to background checks and employment history
				  verification provisions as promulgated by the Early Childhood Education and
				  Care Department pursuant to 8.9.6 NMAC. All licensed child care facilities must
				  adhere to these provisions to maintain their licensing status. Prior to a staff
				  member's employment, a staff member must receive a notice of provisional
				  employment or obtain a background check in accordance with 8.9.6 NMAC. A
				  background check must be conducted in accordance with 8.9.6 NMAC on all
				  required individuals at least once every five years from the original date of
				  eligibility regardless of the date of hire or transfer of eligibility. A direct
				  provider of care may request a transfer of background check eligibility
				  if:
A. 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
B. submits an application for
				transfer and is found eligible pursuant to 8.9.6.11 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.20 - CHILD CARE CENTER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. APPLICABILITY TO
				CHILD CARE CENTERS: A center required to be licensed under regulations in
				8.9.4.21 NMAC through 8.9.4.29 NMAC is one that provides care, education,
				services and supervision to children for less than 24 hours a day to children
				in a non-residential setting, and is not exempted from regulation under any of
				the exceptions listed in 8.9.4.9 NMAC.
B. NEW OR INNOVATIVE PROGRAMS FOR PROVIDING
				CHILD CARE TO CHILDREN: A new or innovative service for child care that is
				typically not governed by these regulations will be licensed if there is a
				substantiated need for the service and if it meets all requirements outlined in
				Paragraphs (1), (2) and (3) of Subsection C. New or innovative programs shall
				adhere to all basic licensing standards regulations except that the licensing
				authority may grant waiver(s) to the extent necessary to accommodate new and
				innovative services which may conflict with any regulations pertaining to
				curriculum and environment.
C.
				SPECIAL REQUIREMENTS FOR NEW OR INNOVATIVE CHILD CARE CENTERS: Applicants for
				new or innovative child-care services that do not fit under these regulations
				will submit a proposal to the licensing authority for review and approval.
				Applications shall be presented to the department for review. The proposal will
				include:
(1) an explanation of any special
				needs or modifications for the children who will be receiving these
				services;
(2) identification of
				those portions of the proposed program that would conflict with these
				regulations; and
(3) statement of
				how the proposed center will modify or provide alternative measures, policies
				and procedures that meet the intent of these regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.22 - ADMINISTRATIVE REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. ADMINISTRATION
				RECORDS: A licensee will display in a prominent place that is readily visible
				to parents, staff and visitors:
(1) all
				licenses, certificates, and most recent inspection reports of all state and
				local government agencies with jurisdiction over the center;
(2) the current child care
				regulations;
(3) dated weekly menus
				for meals and snacks;
(4) the
				guidance policy; and
(5) the
				current list of notifiable diseases and communicable diseases published by the
				office of epidemiology of the New Mexico department of health.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.24 - SERVICES AND CARE OF CHILDREN IN CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. GUIDANCE:
(1) A center will have written policies and
				procedures clearly outlining guidance practices. Centers will give this
				information to all parents and staff who will sign a form to acknowledge that
				they have read and understand these policies and procedures.
(2) Guidance will be consistent and age
				appropriate.
(3) Guidance shall be
				positive and include redirection and clear limits that encourage the child's
				ability to become self-disciplined. The use of physical or mechanical
				restraints is prohibited unless due to documented emergencies or medically
				documented necessity.
(4) A center
				will not use the following disciplinary practices:
(a) physical punishment of any type,
				including shaking, biting, hitting, pinching or putting anything on or in a
				child's mouth;
(b) withdrawal of
				food, rest, bathroom access, or outdoor activities;
(c) abusive or profane language, including
				yelling;
(d) any form of public or
				private humiliation, including threats of physical punishment; or
(e) unsupervised separation.
(5) Children will not be lifted by
				the arms, hands, wrist, legs, feet, ankles, or clothing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.25 - FOOD SERVICE REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. MEAL PATTERN
				REQUIREMENTS: All foods prepared by the center will conform to the guidelines
				from United States department of agriculture's (USDA's) child and adult care
				food program (CACFP) for foods, meal patterns and serving sizes.
B. MEALS AND SNACKS:
(1) A center will provide a child a meal or
				snack at least every three hours except when the child is sleeping at
				night.
(2) A center will serve, if
				necessary, a child a therapeutic or special diet with written prescription/diet
				orders from a physician or a recognized medical authority. Diet orders must be
				complete and descriptive, and not subject to interpretation by the center
				staff.
(3) A center shall make
				water freely available to children.
(4) A center that provides daily meals and
				snacks shall plan these to meet the minimum standards in the CACFP and to be
				consistent with the USDA's current dietary guidelines for Americans, to include
				the following. Parents of children who have special dietary needs may provide
				written permission to the child care program to exempt their child from the
				following requirements if necessary due to such special dietary needs.
(a) Only one hundred percent fruit or
				vegetable juice shall be served. The use of fruit drinks containing less than
				one hundred percent juice or artificially flavored drinks for meals or snacks
				is prohibited. One hundred percent or vegetable juice may be diluted with
				water.
(b) Only whole, pasteurized
				fluid milk shall be served to children between 12 and 24 months of age; reduced
				fat, low fat, or skim milk may be served to children who are two years and
				older.
(c) A wide variety of fruits
				and vegetables shall be served, with a preference for fresh or frozen fruits
				and vegetables over canned.
(5) A center shall vary snacks each day and
				shall include a selection of two different food group components from the four
				food group components.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.26 - HEALTH AND SAFETY REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. HYGIENE:
(1) Children and staff members will wash
				their hands with soap and warm running water as needed. Water basins shall not
				be used as an alternative to running water. Staff and children will wash their
				hands whenever hands are contaminated with body fluids and always:
(a) after using a toilet, assisting a child
				with toilet use, or changing a diaper;
(b) before and after caring for a sick
				child;
(c) before any food service
				activity, including setting the table;
(d) before and after eating;
(e) before and after feeding a
				child;
(f) after handling pets or
				animals or items used by animals such as water and food bowls; and
(g) after handling trash.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.27 - ILLNESS REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Children or
				staff members absent due to any notifiable disease will not return to the
				center without a signed statement from a physician.
B. A center will separate and constantly
				observe a child who becomes sick at the center and promptly notify a parent or
				guardian of the child's illness.
C.
				A center will send a child home when:
(1) the
				child's oral temperature is 101 degrees Fahrenheit or greater or armpit
				temperature is 100.4 degrees Fahrenheit or greater and the child shows signs of
				illness or behavior changes; or
(2)
				an educator observes signs of contagious disease or severe illness.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.28 - TRANSPORTATION REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a center
				provides transportation to children, it is responsible for the care of children
				from the time of pick up to delivery to a responsible adult. All vehicles used
				for transportation of children will have an operable fully-charged fire
				extinguisher, first-aid kit, first-aid manual, water and blanket.
B. A center will license all vehicles used
				for transporting children and will meet all applicable state vehicle laws. A
				child shall be transported only if the child is properly secured in a child
				passenger restraint device or by a safety belt as follows. School buses that
				are not equipped with passenger restraint devices are exempt from this
				requirement.
(1) Children less than one year
				of age shall be properly secured in a rear-facing child passenger restraint
				device that meets federal standards, in the rear seat of a vehicle that is
				equipped with a rear seat. If the vehicle is not equipped with a rear seat, the
				child may ride in the front seat of the vehicle if the passenger-side air bag
				is deactivated or if the vehicle is not equipped with a deactivation switch for
				the passenger-side air bag.
(2)
				Children one year of age through four years of age, regardless of weight, or
				children who weigh forty pounds, regardless of age, shall be properly secured
				in a child passenger restraint device that meets federal standards.
(3) Children five years of age through six
				years of age, regardless of weight, or children who weigh less than 60 pounds,
				regardless of age, shall be properly secured in either a child booster seat or
				an appropriate child passenger restraint device that meets federal
				standards.
(4) Children seven years
				of age through 12 years of age shall be secured in a child passenger restraint
				device or by a seat belt.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.29 - BUILDING, GROUNDS AND SAFETY REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. HOUSEKEEPING:
(1) A center will keep the premises,
				including furniture, fixtures, floors, drinking fountains, toys and equipment
				clean, safe, and in good repair. The center and premises will be free of debris
				and potential hazards.
(2)
				Materials dangerous to children must be secured in a manner making them
				inaccessible to children and away from food storage or preparation
				areas.
(3) All garbage and refuse
				receptacles in kitchens and in outdoor areas will be durable, constructed of
				materials that will not absorb liquids and have tight fitting lids.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.30 - FAMILY CHILD CARE HOME AND GROUP CHILD CARE HOME REGULATIONS: APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A private dwelling required to be licensed under regulations
				  in 8.9.4.31 NMAC through 8.9.4.38 NMAC which meets one of the following
				  criteria.
A. Family child care home -
				A private dwelling required to be licensed pursuant to these regulations which
				provides care, services, and supervision to at least five but no more than six
				children for a period of less than 24 hours of any day. The licensee will
				reside in the home and be the primary educator. A family day care home
				intending to provide care for more than two but not to exceed four children
				under the age of two must be specifically licensed for this purpose.
B. Group child care home - A private dwelling
				or other building on the premises required to be licensed pursuant to these
				regulations which provides care, services, and supervision for at least seven
				but not more than 12 children for a period of less than 24 hours of any day.
				The licensee will reside in the home and be the primary educator. A group day
				care home intending to provide care for more than two but not to exceed four
				children under the age of two must be specifically licensed for this
				purpose.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.32 - ADMINISTRATIVE REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. ADMINISTRATIVE
				RECORDS: A licensee will post the child care home license in an area readily
				visible to parents and visitors. The licensee will also keep on file:
(1) all licenses, certificates, and most
				recent inspection reports of all state and local government agencies with
				jurisdiction over the home;
(2) the
				current child care regulations;
(3)
				the guidance policy;
(4) the
				current list of notifiable diseases and communicable diseases published by the
				office of epidemiology of the New Mexico department of health; and
(5) an up to date emergency evacuation and
				disaster preparedness plan, which shall include steps for evacuation,
				relocation, shelter-in-place, lock-down, communication, reunification with
				parents, individual plans for children with special needs and children with
				chronic medical conditions, accommodations of infants and toddlers, and
				continuity of operations. The plan shall be approved annually by the licensing
				authority and the department will provide guidance on developing these
				plans.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.33 - PERSONNEL AND STAFFING REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. PERSONNEL AND
				STAFFING REQUIREMENTS:
(1) A licensee will not
				allow any staff member, including the licensee, or any other adult living in
				the home involved in an incident which would disqualify that staff member or
				other adult under the department's most current version of the background check
				and employment history verification provisions pursuant to 8.8.3 NMAC to
				continue to work directly or unsupervised with children or to reside in the
				home.
(2) All staff members will
				demonstrate the ability to perform essential job functions that reasonably
				ensure the health, safety and welfare of children in care.
(3) Educators who work directly with children
				and who are counted in the staff/child ratios must be 18 years of age or
				older.
(4) The licensee shall be in
				the licensed child care home during at least seventy-five percent of the home's
				core hours of operation.
(5)
				Substitutes, volunteers and part time second educators counted in the
				staff/child ratios shall meet the same requirements as regular staff members,
				except for training requirements. Substitutes and part time second educators
				routinely employed in the home but working 20 hours or less a week shall
				complete half the required training hours. Such employees working more than 20
				hours per week shall complete all required training hours. The primary educator
				in a licensed home shall complete all required training hours, regardless of
				the number of hours worked.
(6) A
				home licensed to provide care for six or fewer children will have at least one
				educator in the home at all times. A home licensed to provide care for more
				than two children under the age of two will have at least two educators in the
				home at all times.
(7) A home
				licensed for seven to 12 children will have at least two educators at the home
				when more than six children are present or when more than two children under
				the age of two are present.
(8)
				Children will never be left unattended. An educator will be with the children
				at all times whether activities are inside or outside of the home. Educators
				will be onsite, available and responsive to children during all hours of
				operation. Providers and secondary caregivers shall perform head counts at
				regular intervals throughout the day.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.34 - SERVICES AND CARE OF CHILDREN IN HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. GUIDANCE:
(1) A home will have written policies and
				procedures clearly outlining guidance practices. Care-givers will give this
				information to all parents and staff who will sign a form to acknowledge that
				they have read and understand these policies and procedures.
(2) Guidance will be consistent and age
				appropriate.
(3) Guidance shall be
				positive and include redirection and clear limits that encourage the child's
				ability to become self-disciplined. The use of physical or mechanical
				restraints is prohibited unless due to documented emergencies or medically
				documented necessity.
(4) A home
				will not use the following disciplinary practices:
(a) physical punishment of any type,
				including shaking, biting, hitting, pinching or putting anything on or in a
				child's mouth;
(b) withdrawal of
				food, rest, bathroom access, or outdoor activities;
(c) abusive or profane language, including
				yelling;
(d) any form of public or
				private humiliation, including threats of physical punishment; or
(e) unsupervised separation.
(5) Children will not be lifted by
				the arms, hands, wrist, legs, feet, ankles, or clothing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.35 - FOOD SERVICE REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. MEAL PATTERN
				REQUIREMENTS: All foods prepared by the home will conform to the guidelines
				from United States department of agriculture's (USDA's) child and adult care
				food program (CACFP) for foods, meal patterns and serving sizes.
B. MEALS AND SNACKS:
(1) A home will provide a child a meal or
				snack at least every three hours except when the child is sleeping at
				night.
(2) A home will serve if
				necessary a child a therapeutic or special diet with a written
				prescription/diet order from a physician or a registered or licensed dietician.
				Diet orders must be complete and descriptive, and not subject to interpretation
				by the educators.
(3) A home shall
				make water freely available to children.
(4) A home that provides daily meals and
				snacks shall plan these to meet the minimum standards in the CACFP and to be
				consistent with the USDA's current dietary guidelines for Americans, to include
				the following. Parents of children who have special dietary needs may provide
				written permission to the child care program to exempt their child from the
				following requirements if necessary due to such special dietary needs.
(a) Only one hundred percent fruit or
				vegetable juice shall be served. The use of fruit drinks containing less than
				one hundred percent or artificially flavored drinks for meals or snacks is
				prohibited. one hundred percent fruit or vegetable juice may be diluted with
				water.
(b) Only whole, pasteurized
				fluid milk shall be served to children between 12 and 24 months of age; reduced
				fat, low fat, or skim milk may be served to children who are two years and
				older.
(c) A wide variety of fruits
				and vegetables shall be served, with a preference for fresh or frozen fruits
				and vegetables over canned.
(5) A home will vary snacks each day and will
				include a selection of two different food group components from the four food
				group components.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.36 - HEALTH AND SAFETY REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. HYGIENE:
(1) Children and staff members will wash
				their hands with soap and warm running water as needed. Water basins shall not
				be used as an alternative to running water. Staff and children will wash their
				hands whenever hands are contaminated with body fluids and always:
(a) after using a toilet, assisting a child
				with toilet use, or changing a diaper;
(b) before and after caring for a sick
				child;
(c) before any food service
				activity, including setting the table;
(d) before and after eating or feeding a
				child;
(e) after handling pets or
				animals or items used by animals such as water and food bowls; and
(f) after handling trash.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.37 - TRANSPORTATION REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a home
				provides transportation to children, it is responsible for the care of children
				from the time of pick up to delivery to a responsible adult. All vehicles used
				for transportation of children will have an operable, fully-charged fire
				extinguisher, first-aid kit, first-aid manual, water and blanket.
B. A home will license all vehicles used for
				transporting children and will meet all applicable state vehicle laws. A child
				shall be transported only if the child is properly secured in a child passenger
				restraint device or by a safety belt as follows.
(1) Children less than one year of age shall
				be properly secured in a rear-facing child passenger restraint device that
				meets federal standards, in the rear seat of a vehicle that is equipped with a
				rear seat. If the vehicle is not equipped with a rear seat, the child may ride
				in the front seat of the vehicle if the passenger-side air bag is deactivated
				or if the vehicle is not equipped with a deactivation switch for the
				passenger-side air bag.
(2)
				Children one year of age through four years of age, regardless of weight, or
				children who weigh forty pounds, regardless of age, shall be properly secured
				in a child passenger restraint device that meets federal standards.
(3) Children five years of age through six
				years of age, regardless of weight, or children who weigh less than 60 pounds,
				regardless of age, shall be properly secured in either a child booster seat or
				an appropriate child passenger restraint device that meets federal
				standards.
(4) Children seven years
				of age through 12 years of age shall be secured in a child passenger restraint
				device or by a seat belt.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.38 - BUILDING, GROUND AND SAFETY REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. HOUSEKEEPING:
(1) An educator will keep the premises,
				including furniture, fixtures, toys and equipment clean, safe, and free of
				debris and potential hazards.
(2)
				Materials dangerous to children must be secured in a manner making them
				inaccessible to children and away from food storage or preparation
				areas.
(3) All garbage and refuse
				receptacles in kitchens and in outdoor areas will have a tight fitting lid, be
				durable and constructed of materials that will not absorb liquids.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.39 - REGULATIONS FOR PROGRAMS OFFERING ONLY OUT OF SCHOOL TIME CARE APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A child care program required to be licensed under 8.9.4.40
				  NMAC through 8.9.4.47 NMAC of this regulation provides a variety of
				  developmentally appropriate activities that are both educational and
				  recreational at a specific site, usually a school, on a regular basis before or
				  after school or when school is not in regular session to children age five to
				  18 years, and not exempted from regulation under any of the exceptions listed
				  in 8.9.4.9 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.41 - ADMINISTRATIVE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				ADMINISTRATION RECORDS: A licensee shall display in a prominent place that is
				readily visible to parents, staff and visitors:
(1) all licenses, certificates, and most
				recent inspection reports of all state and local government agencies with
				jurisdiction over the program;
(2)
				the current child care regulations;
(3) dated weekly menus for meals and
				snacks;
(4) the guidance policy;
				and
(5) the current list of
				notifiable diseases and communicable diseases published by the office of
				epidemiology of the New Mexico department of health.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.43 - SERVICES AND CARE OF CHILDREN IN OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. GUIDANCE:
(1) A program will have written policies and
				procedures clearly outlining guidance practices. Facilities will give this
				information to all parents and staff who will sign a form to acknowledge that
				they have read and understand these policies and procedures.
(2) Guidance will be consistent and age
				appropriate.
(3) Guidance shall be
				positive and include redirection and clear limits that encourage the child's
				ability to become self-disciplined. The use of physical or mechanical
				restraints is prohibited unless due to documented emergencies or medically
				documented necessity.
(4) A program
				will not use the following disciplinary practices:
(a) physical punishment of any type,
				including shaking, biting, hitting or putting anything on or over a child's
				mouth;
(b) withdrawal of food,
				rest, bathroom access, or outdoor activities;
(c) abusive or profane language, including
				yelling;
(d) any form of public or
				private humiliation, including threats of physical punishment; or
(e) unsupervised separation.
(5) Children will not be lifted by
				the arms, hands, wrist, legs, feet, ankles, or clothing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.44 - FOOD SERVICE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. MEAL PATTERN
				REQUIREMENTS: All foods prepared by the program will conform to the guidelines
				from United States department of agriculture's (USDA's) child and adult care
				food program (CACFP) for foods, meal patterns and serving sizes.
B. MEALS AND SNACKS:
(1) A program will provide a child a meal or
				snack at least every three hours.
(2) A program will serve a child a
				therapeutic or special diet with a written prescription/diet order from a
				physician or a recognized medical authority. Diet orders must be complete and
				descriptive, and not subject to interpretation by the program staff.
(3) A program will serve snacks each day and
				will include a selection of two different food group components from the four
				food group components.
(4) A
				program shall serve only one hundred percent fruit or vegetable juice. The use
				of fruit drinks that contain less than one hundred percent juice or
				artificially flavored drinks for meals or snacks is prohibited. One hundred
				percent fruit or vegetable juice may be diluted with water.
(5) A program shall serve a wide variety of
				fruits and vegetables, with a preference for fresh or frozen fruits and
				vegetables over canned.
(6) A
				program shall make water freely available to children.
(7) Menus shall contain a variety of foods.
				The same menu must not be served twice in one week.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.45 - HEALTH AND SAFETY REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. HYGIENE:
				Children and staff members will wash their hands with soap and warm running
				water as needed. Water basins shall not be used as an alternative to running
				water. Staff and children will wash their hands whenever hands are contaminated
				with body fluids and always:
(1) after using
				a toilet;
(2) before and after
				caring for a sick child;
(3) before
				any food service activity, including setting the table;
(4) before and after eating;
(5) after handling pets or animals or items
				used by animals such as water and food bowls; and
(6) after handling trash.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.46 - TRANSPORTATION REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All vehicles
				used for transportation of children will have an operable, fully-charged fire
				extinguisher, first-aid kit, first-aid manual, water and blanket.
B. A program will load and unload children at
				the curbside of the vehicle or in a protected parking area or driveway. The
				program will ensure children do not cross a street unsupervised after leaving
				the vehicle.
C. No one will smoke,
				use e-cigarettes or vaporizers in a vehicle used for transporting
				children.
D. A program will license
				all vehicles used for transporting children and will meet all applicable state
				vehicle laws. A child shall be transported only if the child is properly
				secured in a child passenger restraint device or by a safety belt as follows.
				School buses that are not equipped with passenger restraint devices are exempt
				from this requirement.
(1) Children five years
				of age through six years of age, regardless of weight, or children who weigh
				less than 60 pounds, regardless of age, shall be properly secured in either a
				child booster seat or an appropriate child passenger restraint device that
				meets federal standards.
(2)
				Children seven years of age through 12 years of age shall be secured in a child
				passenger restraint device or by a seat belt.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 4 - CHILD CARE LICENSING; CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS › Section 8.9.4.47 - BUILDING, GROUND AND SAFETY REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				HOUSEKEEPING:
(1) A program will keep the
				premises, including furniture, fixtures, toys and equipment clean, safe, and
				free of debris and potential hazards.
(2) Materials dangerous to children must be
				secured in a manner making them inaccessible to children and away from food
				storage or preparation areas.
(3)
				All garbage and refuse receptacles in kitchens and in outdoor areas will be
				durable, and constructed of materials that will not absorb liquids.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Early Childhood Education and Care Department
				  ("ECECD").
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.2 - 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 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.3 - 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 Code, Section 32A-15-3 NMSA 1978.
				  These regulations are promulgated by the authority set forth in Subsection E of
				  Section 9-29-6 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 Early Child Education and Care
				  Department, are health facilities within the scope of Sections 24-1-2, 24-1-5
				  NMSA 1978, and Section 32A-15-3 NMSA 1978.
See also
Paragraph
				  (3) of Subsection (A) of Section 9-29-3 NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 1, 2022, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 8.9.5 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 8.9.4 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
				  8.9.5 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 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.7 - 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 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 5 - NON-LICENSED CHILD CARE; REQUIREMENTS GOVERNING REGISTRATION OF NON-LICENSED FAMILY CHILD CARE HOMES › Section 8.9.5.8 - 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 ECECD, 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.