New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE › Part 6 - GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY VERIFICATION › Section 8.9.6.10 - COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Compliance
				with these regulations is a condition of licensure, registration, certification
				or renewal, or continuation of same or participation in any other program or
				contract within the scope of these regulations.
B. The licensee is required to:
(1) submit an electronic fingerprint
				submission receipt and the required forms for all direct providers of care,
				household members in licensed and registered child care homes, or any staff
				member, employee, or volunteer present while care recipients are present, or
				other adult as required by the applicable regulations prior to the commencement
				of service, whether employment or, contractual, or volunteer. In the case of a
				licensed child care home and a registered home, the licensee must submit an
				electronic fingerprint submission receipt and the required forms for new
				household members or for any adult who is required to obtain a background check
				pursuant to 8.9.4 NMAC or 8.9.5 NMAC as applicable. However, in the case of a
				registered family child care food-only home, all household members are only
				required to undergo a criminal history and child abuse and neglect
				screening.
(2) Applicants required
				to obtain background checks pursuant to 8.9.4 NMAC and 8.9.5 NMAC must indicate
				states where they resided during the preceding five years and obtain the
				following:
(a) a screen of abuse and neglect
				information in each state where the applicant resided during the preceding five
				years; and
(b) an inter-state
				criminal history check in each state where a new applicant resided during the
				preceding five years. An inter-state criminal history check is not required if
				a new applicant has resided in a state that participates in the federal bureau
				of investigation's national fingerprint file. All existing staff hired after
				October 1, 2016, must undergo an inter-state criminal history check in each
				state where the applicant resided during the preceding five years at the time
				of application. An inter-state criminal history check is not required if an
				applicant has resided in a state that participates in the federal bureau of
				investigation's national fingerprint file.
(3) Verify the employment history of any
				prospective direct provider of care by contacting references and prior
				employers/agencies to elicit information regarding the reason for leaving prior
				employment or service; the verification shall be documented and available for
				review by the licensing authority; EXCEPTION: verification of employment
				history is not required for registered home providers or child care homes
				licensed for six or fewer children.
(4) submit an adult household member written
				statement form for each adult household member in a registered family child
				care food-only home setting in order to conduct criminal history and child
				abuse and neglect screens on such household members; an adult household member
				is an adult living in the household or an adult that spends a significant
				amount of time in the home; the licensee must submit the required forms for new
				adult household members pursuant to 8.9.5 NMAC.
(5) provide such other information BCU staff
				determines to be necessary; and
(6)
				maintain documentation of all applications, correspondence and eligibility
				relating to the background checks required; in the event that the licensee does
				not have a copy of an applicant's eligibility documentation and upon receipt of
				a written request for a copy, the BCU may issue duplicate eligibility
				documentation to the original licensee provided that the request for duplicate
				eligibility documentation is made within one year of the applicant's
				eligibility date.