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 8.9.5.17 - NON-COMPLIANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. ECECD may
				deny, suspend, revoke or decline to renew registration at any time it is
				reasonably determined that the caregiver is not in compliance with these
				regulations, or is unable to maintain compliance with registration
				standards.
B. Violation of any
				provisions of these regulations, especially when the registered authority has
				reason to believe that the health, safety or welfare of a child is at risk, or
				has reason to believe that the caregiver cannot reasonably safeguard the health
				and safety of children may be grounds to suspend, revoke, issue a cease and
				desist letter or decline to renew registration include but are not limited to:
(1) failure to comply with the group
				composition requirement;
(2) any
				health and safety violations which place the children in immediate danger,
				including but not limited to:
(a) a dwelling
				infested with vermin, including rodents, with no effort to correct the
				problem;
(b) lack of basic sanitary
				facilities, such as an open cesspool or open sewer line draining onto the
				ground surface; and
(c) unlocked or
				unsecured firearms and weapons in the home;
(3) background check denial or
				suspension;
(4) failure to timely
				obtain required background checks;
(5) misrepresentation or falsification of any
				information given to ECECD or CACFP;
(6) failure to allow access to the registered
				home by authorized representatives of the department or sponsor, at any time
				that children are present in the registered home;
(7) failure to properly protect the health,
				safety and welfare of children due to impaired health or conduct or hiring or
				continuing to allow any person whose health or conduct impairs the person's
				ability to properly protect the health, safety, and welfare of the
				children;
(8) discovery of repeat
				violations of these regulations or failure to correct deficiencies of survey
				findings in current or past contiguous or noncontiguous certification
				periods;
(9) possessing or
				knowingly permitting non-prescription controlled substances or illegal drugs to
				be present on the premises at any time, regardless of whether children are
				present;
(10) substantiated
				non-compliance with caregiver requirements to care for children in the
				registered home as defined in these regulations;
(11) substantiated abuse or neglect of
				children by the caregiver or household member as determined by the Children,
				Youth and Families Department (CYFD), ECECD or a law enforcement
				agency;
(12) allowing any person to
				be active in the child care home who is or would be disqualified as a primary
				caregiver under the most current version of the background checks and
				employment history verification provisions pursuant to 8.9.6 NMAC; this will
				include all adults and teenaged children living in a family child care home
				operated in a private residence whether or not they are active in the child
				care operation;
(13) situations
				where the children in care are placed in unreasonable or unnecessary danger,
				including but not limited to: evidence of illegal drug use in the home,
				evidence of domestic violence in the home, a convicted sex offender maintaining
				residence in the home, a convicted sex offender in the home when children are
				present, accusations of sexual child abuse against a caregiver or household
				member, or pending the outcome of a child protective services referral;
				and
(14) any serious violation or
				other circumstance which reasonably leads the department to determine that the
				caregiver cannot reliably safeguard the health and safety of
				children.