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 8.9.4.31 - LICENSURE REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. LICENSING
				REQUIREMENTS:
(1) APPLICATION FORM: An
				applicant will complete an application form provided by the licensing 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 licensee 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.
(2) A home will submit a
				new application to the licensing authority before changing anything required to
				be stated on the license such as dates, capacity, operator, or
				address.
(3) BACKGROUND CHECK: In
				addition to the basic requirements at 8.9.4.19 NMAC of the general provisions
				an applicant will apply for a national criminal records check. The licensing
				authority will provide a copy of the most current version of the department's
				background check and employment history verification provisions (8.9.6 NMAC),
				regulations, fingerprint instructions, and forms for recording an employment
				history. The licensee will be responsible for obtaining background checks on
				all staff members, educators, volunteers, and prospective staff members,
				educators, volunteers, any person who may have unsupervised physical access to
				children, and all adults residing in the home as per the requirements outlined
				in the department's most current version of the background check and employment
				history verification provisions. A household member reaching the age of 18 must
				submit their background check in accordance with the most current provisions of
				8.9.6 NMAC within 30 days after their eighteenth birthday. All requirements of
				the current background check and employment history verification provisions
				pursuant to 8.9.6 NMAC must be met prior to the issuance of an initial license.
				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 at
				least once every five years on all required individuals.
(4) ZONING AND OTHER APPROVALS: An applicant
				will have:
(a) current written zoning approval
				from the appropriate city, county or state authority;
(b) current written approval of the state
				fire marshal office or other appropriate city, county or state fire-prevention
				authority if applicable;
(c)
				current written approval from the New Mexico environment department or other
				environmental health authority for:
(i)
				Private water supply, if applicable;
(ii) Private waste or sewage disposal, if
				applicable; and
(iii) A swimming
				pool, if applicable.
(5) SCHEDULE: All applications for a new
				license will include a description of the home's proposed activities and
				schedule.
(6) INITIAL SURVEY: The
				licensing authority will schedule a survey for a home when it receives a
				complete application with all supporting documents.