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 8.16.2.31 - 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
				8.16.2.19 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 (8.8.3 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 8.8.3 NMAC within 30 days after
				their eighteenth birthday. All requirements of the current background check and
				employment history verification provisions pursuant to 8.8.3 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 8.8.3 NMAC. A background check
				must be conducted in accordance with 8.8.3 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:
1)
				Private water supply, if applicable;
2) Private waste or sewage disposal, if
				applicable; and
3) 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.