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 8.9.5.10 - CAREGIVER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All child care
				primary caregivers 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. All registered homes receiving
				child care assistance subsidies must be enrolled and participate in a CACFP,
				unless they are exempt.
B. All
				caregivers, including primary, substitute and emergency caregivers must be at
				least 18 years of age, and must demonstrate the ability to perform essential
				job functions that reasonably ensure the health, safety and welfare of children
				in care.
C. Primary and substitute
				caregivers must comply with background check requirements in accordance with
				the most current provisions of 8.9.6 NMAC governing background checks and
				employment history verification provisions. A request for a background check
				must be submitted prior to a substitute caregiver employment. A substitute
				caregiver must receive a notice of provisional employment prior to beginning
				employment or obtain a background check in accordance with 8.9.6
				NMAC.
D. Emergency caregivers may
				provide care on unforeseen, unforeseeable and rare occasions for up to eight
				hours per month on behalf of the primary caregiver. Emergency caregivers must
				comply with background check requirements, and be certified in first - aid and
				cardiopulmonary resuscitation (CPR) with a pediatric component. Emergency
				caregivers may be exempted from all other training requirements. Anyone who
				provides care repeatedly or in reasonably foreseeable circumstances is a
				substitute caregiver and must have the required background checks and
				training.
E. A substitute caregiver
				is anyone who provides care repeatedly or in reasonably foreseeable
				circumstances and must have the required background checks and
				training.
F. In the event care is
				provided by a substitute or emergency caregiver, all parents/guardians must be
				notified as promptly as possible.
G. All caregivers are responsible for
				immediately reporting to the appropriate authorities any signs or symptoms of
				child abuse or neglect.
H. All new
				primary and substitute caregivers of registered family child care homes, with
				the exception of registered family child care food-only homes, must complete
				the following training within three months of their original date of initial
				registration. All current primary and substitute caregivers in a registered
				family child care home will have three months to comply with the following
				training from the date these regulations are promulgated:
(1) prevention and control of infectious
				diseases (including immunization);
(2) prevention of sudden infant death
				syndrome and use of safe sleeping practices;
(3) administration of medication, consistent
				with standards for parental consent;
(4) prevention of and response to emergencies
				due to food or other allergic reactions;
(5) building and physical premises safety,
				including identification of and protection from hazards that can cause bodily
				injury such as electrical hazards, bodies of water, and vehicular
				traffic;
(6) prevention of shaken
				baby syndrome and abusive head trauma;
(7) emergency preparedness and response
				planning for emergencies resulting from a natural disaster, or a
				man-caused;
(8) handling and
				storage of hazardous materials and the appropriate disposal of bio
				contaminants;
(9) precautions in
				transporting children (if applicable);
(10) first aid and cardiopulmonary
				resuscitation (CPR) awareness with a pediatric component; and
(11) recognition and reporting of child abuse
				and neglect.