reglab/statecodes huggingface dataset:
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 8.16.2.17 - SURVEYS FOR CHILD CARE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensing authority will conduct a
				survey at least twice a year in each child care facility using these
				regulations as criteria. The licensing authority will conduct additional
				surveys or visit the child care facility additional times to provide technical
				assistance, to check progress on correction of deficiencies found on previous
				surveys, or to investigate complaints.
B. Upon the completion of a survey, the
				licensing authority will discuss the findings with the licensee or their
				representative and will provide the child care facility with an official
				written report of the findings and a request for a plan or plans of correction,
				if appropriate.
C. The licensee,
				director, or operator, will submit within 10 working days after the date of the
				survey, a corrective action plan to the licensing authority for deficiencies
				found during the survey. The corrective action plan will be specific on how and
				when the child care facility will correct the deficiency or
				deficiencies.
D. The licensing
				authority may accept the corrective action plan as written or require
				modifications of the plan.
E. By
				applying for either a new license or a license renewal, the licensee grants the
				licensing authority representative the right to enter the premises and survey
				the child care facility, including inspection and copying of child care
				facility records, both while the application is being processed and, if
				licensed, at any time during the licensure period.
F. The licensing authority may or may not
				announce a survey. The licensee must grant immediate access upon the licensing
				authority's arrival. At all times, a person who is knowledgeable in the daily
				operations, has access to all records and locked areas, and can represent the
				licensee or director for survey purposes will be present in the child care
				facility.
G. If a facility has
				video cameras on the premises that has recording capabilities, footage must be
				accessible to the licensing authority upon request.
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 8.16.2.18 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The licensing
				authority will process any complaint regarding any child care facility licensed
				or required to be licensed under these regulations. The investigatory authority
				of the licensing authority is limited to matters pertaining to these
				regulations.
B. A licensing
				authority representative receiving complaints will ask complainants to identify
				themselves and provide all information necessary to document the
				complaint.
C. The licensing
				authority will investigate any complaint in which the health, safety, or
				welfare of a child could be in danger. The complaint will be reviewed and
				prioritized immediately according to the nature and severity of the complaint.
				The licensing authority follows established protocols and procedures for
				prioritizing, tracking, initiating and reporting of complaints and complaint
				investigations. Complaints will be investigated in a timely manner as follows.
(1) Priority 1 complaints: investigation will
				be initiated within 24 hours.
(2)
				Priority 2 complaints: investigation will be initiated within three working
				days.
(3) Priority 3 complaints:
				investigation will be initiated within five working days.
(4) Initiation timeframes for investigations
				may be shortened based on the severity and nature of the complaint, but
				timeframes may not be extended.
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 8.16.2.19 - BACKGROUND CHECKS

Current through Register Vol. 35, No. 13, July 16, 2024
Background checks will be conducted in accordance with the
				  most current regulations related to background checks and employment history
				  verification provisions as promulgated by the children, youth and families
				  department pursuant to 8.8.3 NMAC. All licensed child care facilities must
				  adhere to these provisions to maintain their licensing status. 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 on all
				  required individuals at least once every five years from the original date of
				  eligibility regardless of the date of hire or transfer of eligibility. A direct
				  provider of care may request a transfer of background check eligibility
				  if:
A. the staff member was found
				eligible as a direct provider of care in a child care center, licensed child
				care, home licensed group home, or registered home within the past five years
				and has not been separated from employment for more than 180 days;
				and
B. submits an application for
				transfer and is found eligible pursuant to
				8.8.3.11
				NMAC.
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 8.16.2.20 - CHILD CARE CENTER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				APPLICABILITY TO CHILD CARE CENTERS: A center required to be licensed under
				regulations in
				8.16.2.21
				NMAC through
				8.16.2.29
				NMAC is one that provides care, education, services and supervision to children
				for less than 24 hours a day to children in a non-residential setting, and is
				not exempted from regulation under any of the exceptions listed in
				8.16.2.9
				NMAC.
B. NEW OR INNOVATIVE PROGRAMS
				FOR PROVIDING CHILD CARE TO CHILDREN: A new or innovative service for child
				care that is typically not governed by these regulations will be licensed if
				there is a substantiated need for the service and if it meets all requirements
				outlined in Paragraphs (1), (2) and (3) of Subsection C. New or innovative
				programs shall adhere to all basic licensing standards regulations except that
				the licensing authority may grant waiver(s) to the extent necessary to
				accommodate new and innovative services which may conflict with any regulations
				pertaining to curriculum and environment.
C. SPECIAL REQUIREMENTS FOR NEW OR INNOVATIVE
				CHILD CARE CENTERS: Applicants for new or innovative child-care services that
				do not fit under these regulations will submit a proposal to the licensing
				authority for review and approval. Applications shall be presented to the
				department for review. The proposal will include:
(1) an explanation of any special needs or
				modifications for the children who will be receiving these services;
(2) identification of those portions of the
				proposed program that would conflict with these regulations; and
(3) statement of how the proposed center will
				modify or provide alternative measures, policies and procedures that meet the
				intent of these regulations.
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 8.16.2.22 - ADMINISTRATIVE REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. ADMINISTRATION RECORDS: A licensee will
				display in a prominent place that is readily visible to parents, staff and
				visitors:
(1) all licenses, certificates, and
				most recent inspection reports of all state and local government agencies with
				jurisdiction over the center;
(2)
				the current child care regulations;
(3) dated weekly menus for meals and
				snacks;
(4) the guidance policy;
				and
(5) the current list of
				notifiable diseases and communicable diseases published by the office of
				epidemiology of the New Mexico department of health.
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 8.16.2.24 - SERVICES AND CARE OF CHILDREN IN CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. GUIDANCE:
(1) A center will have written policies and
				procedures clearly outlining guidance practices. Centers will give this
				information to all parents and staff who will sign a form to acknowledge that
				they have read and understand these policies and procedures.
(2) Guidance will be consistent and age
				appropriate.
(3) Guidance shall be
				positive and include redirection and clear limits that encourage the child's
				ability to become self-disciplined. The use of physical or mechanical
				restraints is prohibited unless due to documented emergencies or medically
				documented necessity.
(4) A center
				will not use the following disciplinary practices:
(a) physical punishment of any type,
				including shaking, biting, hitting, pinching or putting anything on or in a
				child's mouth;
(b) withdrawal of
				food, rest, bathroom access, or outdoor activities;
(c) abusive or profane language, including
				yelling;
(d) any form of public or
				private humiliation, including threats of physical punishment; or
(e) unsupervised separation.
(5) Children will not be lifted by
				the arms, hands, wrist, legs, feet, ankles, or clothing.
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 8.16.2.25 - FOOD SERVICE REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. MEAL PATTERN REQUIREMENTS: All foods
				prepared by the center will conform to the guidelines from United States
				department of agriculture's (USDA's) child and adult care food program (CACFP)
				for foods, meal patterns and serving sizes.
B. MEALS AND SNACKS:
(1) A center will provide a child a meal or
				snack at least every three hours except when the child is sleeping at
				night.
(2) A center will serve, if
				necessary, a child a therapeutic or special diet with written prescription/diet
				orders from a physician or a recognized medical authority. Diet orders must be
				complete and descriptive, and not subject to interpretation by the center
				staff.
(3) A center shall make
				water freely available to children.
(4) A center that provides daily meals and
				snacks shall plan these to meet the minimum standards in the CACFP and to be
				consistent with the USDA's current dietary guidelines for Americans, to include
				the following. Parents of children who have special dietary needs may provide
				written permission to the child care program to exempt their child from the
				following requirements if necessary due to such special dietary needs.
(a) Only one hundred percent fruit or
				vegetable juice shall be served. The use of fruit drinks containing less than
				one hundred percent juice or artificially flavored drinks for meals or snacks
				is prohibited. One hundred percent or vegetable juice may be diluted with
				water.
(b) Only whole, pasteurized
				fluid milk shall be served to children between 12 and 24 months of age; reduced
				fat, low fat, or skim milk may be served to children who are two years and
				older.
(c) A wide variety of fruits
				and vegetables shall be served, with a preference for fresh or frozen fruits
				and vegetables over canned.
(5) A center shall vary snacks each day and
				shall include a selection of two different food group components from the four
				food group components.
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 8.16.2.26 - HEALTH AND SAFETY REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. HYGIENE:
(1) Children and staff members will wash
				their hands with soap and warm running water as needed. Water basins shall not
				be used as an alternative to running water. Staff and children will wash their
				hands whenever hands are contaminated with body fluids and always:
(a) after using a toilet, assisting a child
				with toilet use, or changing a diaper;
(b) before and after caring for a sick
				child;
(c) before any food service
				activity, including setting the table;
(d) before and after eating;
(e) before and after feeding a
				child;
(f) after handling pets or
				animals or items used by animals such as water and food bowls; and
(g) after handling trash.
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 8.16.2.27 - ILLNESS REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Children or staff members absent due to
				any notifiable disease will not return to the center without a signed statement
				from a physician.
B. A center will
				separate and constantly observe a child who becomes sick at the center and
				promptly notify a parent or guardian of the child's illness.
C. A center will send a child home when:
(1) the child's oral temperature is 101
				degrees Fahrenheit or greater or armpit temperature is 100.4 degrees Fahrenheit
				or greater and the child shows signs of illness or behavior changes;
				or
(2) an educator observes signs
				of contagious disease or severe illness.
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 8.16.2.28 - TRANSPORTATION REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a center provides transportation to
				children, it is responsible for the care of children from the time of pick up
				to delivery to a responsible adult. All vehicles used for transportation of
				children will have an operable fully-charged fire extinguisher, first-aid kit,
				first-aid manual, water and blanket.
B. A center will license all vehicles used
				for transporting children and will meet all applicable state vehicle laws. A
				child shall be transported only if the child is properly secured in a child
				passenger restraint device or by a safety belt as follows. School buses that
				are not equipped with passenger restraint devices are exempt from this
				requirement.
(1) Children less than one year
				of age shall be properly secured in a rear-facing child passenger restraint
				device that meets federal standards, in the rear seat of a vehicle that is
				equipped with a rear seat. If the vehicle is not equipped with a rear seat, the
				child may ride in the front seat of the vehicle if the passenger-side air bag
				is deactivated or if the vehicle is not equipped with a deactivation switch for
				the passenger-side air bag.
(2)
				Children one year of age through four years of age, regardless of weight, or
				children who weigh forty pounds, regardless of age, shall be properly secured
				in a child passenger restraint device that meets federal standards.
(3) Children five years of age through six
				years of age, regardless of weight, or children who weigh less than 60 pounds,
				regardless of age, shall be properly secured in either a child booster seat or
				an appropriate child passenger restraint device that meets federal
				standards.
(4) Children seven years
				of age through 12 years of age shall be secured in a child passenger restraint
				device or by a seat belt.
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 8.16.2.29 - BUILDING, GROUNDS AND SAFETY REQUIREMENTS FOR CENTERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. HOUSEKEEPING:
(1) A center will keep the premises,
				including furniture, fixtures, floors, drinking fountains, toys and equipment
				clean, safe, and in good repair. The center and premises will be free of debris
				and potential hazards.
(2)
				Materials dangerous to children must be secured in a manner making them
				inaccessible to children and away from food storage or preparation
				areas.
(3) All garbage and refuse
				receptacles in kitchens and in outdoor areas will be durable, constructed of
				materials that will not absorb liquids and have tight fitting lids.
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 8.16.2.30 - FAMILY CHILD CARE HOME AND GROUP CHILD CARE HOME REGULATIONS: APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A private dwelling required to be licensed under regulations
				  in
				  8.16.2.31
				  NMAC through
				  8.16.2.38
				  NMAC which meets one of the following criteria.
A. Family child care home - A private
				dwelling required to be licensed pursuant to these regulations which provides
				care, services, and supervision to at least five but no more than six children
				for a period of less than 24 hours of any day. The licensee will reside in the
				home and be the primary educator. A family day care home intending to provide
				care for more than two but not to exceed four children under the age of two
				must be specifically licensed for this purpose.
B. Group child care home - A private dwelling
				or other building on the premises required to be licensed pursuant to these
				regulations which provides care, services, and supervision for at least seven
				but not more than 12 children for a period of less than 24 hours of any day.
				The licensee will reside in the home and be the primary educator. A group day
				care home intending to provide care for more than two but not to exceed four
				children under the age of two must be specifically licensed for this
				purpose.
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 8.16.2.32 - ADMINISTRATIVE REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. ADMINISTRATIVE RECORDS: A licensee will
				post the child care home license in an area readily visible to parents and
				visitors. The licensee will also keep on file:
(1) all licenses, certificates, and most
				recent inspection reports of all state and local government agencies with
				jurisdiction over the home;
(2) the
				current child care regulations;
(3)
				the guidance policy;
(4) the
				current list of notifiable diseases and communicable diseases published by the
				office of epidemiology of the New Mexico department of health; and
(5) an up to date emergency evacuation and
				disaster preparedness plan, which shall include steps for evacuation,
				relocation, shelter-in-place, lock-down, communication, reunification with
				parents, individual plans for children with special needs and children with
				chronic medical conditions, accommodations of infants and toddlers, and
				continuity of operations. The plan shall be approved annually by the licensing
				authority and the department will provide guidance on developing these
				plans.
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 8.16.2.33 - PERSONNEL AND STAFFING REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. PERSONNEL AND STAFFING REQUIREMENTS:
(1) A licensee will not allow any staff
				member, including the licensee, or any other adult living in the home involved
				in an incident which would disqualify that staff member or other adult under
				the department's most current version of the background check and employment
				history verification provisions pursuant to 8.8.3 NMAC to continue to work
				directly or unsupervised with children or to reside in the home.
(2) All staff members will demonstrate the
				ability to perform essential job functions that reasonably ensure the health,
				safety and welfare of children in care.
(3) Educators who work directly with children
				and who are counted in the staff/child ratios must be 18 years of age or
				older.
(4) The licensee shall be in
				the licensed child care home during at least seventy-five percent of the home's
				core hours of operation.
(5)
				Substitutes, volunteers and part time second educators counted in the
				staff/child ratios shall meet the same requirements as regular staff members,
				except for training requirements. Substitutes and part time second educators
				routinely employed in the home but working 20 hours or less a week shall
				complete half the required training hours. Such employees working more than 20
				hours per week shall complete all required training hours. The primary educator
				in a licensed home shall complete all required training hours, regardless of
				the number of hours worked.
(6) A
				home licensed to provide care for six or fewer children will have at least one
				educator in the home at all times. A home licensed to provide care for more
				than two children under the age of two will have at least two educators in the
				home at all times.
(7) A home
				licensed for seven to 12 children will have at least two educators at the home
				when more than six children are present or when more than two children under
				the age of two are present.
(8)
				Children will never be left unattended. An educator will be with the children
				at all times whether activities are inside or outside of the home. Educators
				will be onsite, available and responsive to children during all hours of
				operation. Providers and secondary caregivers shall perform headcounts at
				regular intervals throughout the day.
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 8.16.2.34 - SERVICES AND CARE OF CHILDREN IN HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. GUIDANCE:
(1) A home will have written policies and
				procedures clearly outlining guidance practices. Care-givers will give this
				information to all parents and staff who will sign a form to acknowledge that
				they have read and understand these policies and procedures.
(2) Guidance will be consistent and age
				appropriate.
(3) Guidance shall be
				positive and include redirection and clear limits that encourage the child's
				ability to become self-disciplined. The use of physical or mechanical
				restraints is prohibited unless due to documented emergencies or medically
				documented necessity.
(4) A home
				will not use the following disciplinary practices:
(a) physical punishment of any type,
				including shaking, biting, hitting, pinching or putting anything on or in a
				child's mouth;
(b) withdrawal of
				food, rest, bathroom access, or outdoor activities;
(c) abusive or profane language, including
				yelling;
(d) any form of public or
				private humiliation, including threats of physical punishment; or
(e) unsupervised separation.
(5) Children will not be lifted by
				the arms, hands, wrist, legs, feet, ankles, or clothing.
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 8.16.2.35 - FOOD SERVICE REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. MEAL PATTERN REQUIREMENTS: All foods
				prepared by the home will conform to the guidelines from United States
				department of agriculture's (USDA's) child and adult care food program (CACFP)
				for foods, meal patterns and serving sizes.
B. MEALS AND SNACKS:
(1) A home will provide a child a meal or
				snack at least every three hours except when the child is sleeping at
				night.
(2) A home will serve if
				necessary a child a therapeutic or special diet with a written
				prescription/diet order from a physician or a registered or licensed dietician.
				Diet orders must be complete and descriptive, and not subject to interpretation
				by the educators.
(3) A home shall
				make water freely available to children.
(4) A home that provides daily meals and
				snacks shall plan these to meet the minimum standards in the CACFP and to be
				consistent with the USDA's current dietary guidelines for Americans, to include
				the following. Parents of children who have special dietary needs may provide
				written permission to the child care program to exempt their child from the
				following requirements if necessary due to such special dietary needs.
(a) Only one hundred percent fruit or
				vegetable juice shall be served. The use of fruit drinks containing less than
				one hundred percent or artificially flavored drinks for meals or snacks is
				prohibited. one hundred percent fruit or vegetable juice may be diluted with
				water.
(b) Only whole, pasteurized
				fluid milk shall be served to children between 12 and 24 months of age; reduced
				fat, low fat, or skim milk may be served to children who are two years and
				older.
(c) A wide variety of fruits
				and vegetables shall be served, with a preference for fresh or frozen fruits
				and vegetables over canned.
(5) A home will vary snacks each day and will
				include a selection of two different food group components from the four food
				group components.
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 8.16.2.36 - HEALTH AND SAFETY REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. HYGIENE:
(1) Children and staff members will wash
				their hands with soap and warm running water as needed. Water basins shall not
				be used as an alternative to running water. Staff and children will wash their
				hands whenever hands are contaminated with body fluids and always:
(a) after using a toilet, assisting a child
				with toilet use, or changing a diaper;
(b) before and after caring for a sick
				child;
(c) before any food service
				activity, including setting the table;
(d) before and after eating or feeding a
				child;
(e) after handling pets or
				animals or items used by animals such as water and food bowls; and
(f) after handling trash.
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 8.16.2.37 - TRANSPORTATION REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. When a home provides transportation to
				children, it is responsible for the care of children from the time of pick up
				to delivery to a responsible adult. All vehicles used for transportation of
				children will have an operable, fully-charged fire extinguisher, first-aid kit,
				first-aid manual, water and blanket.
B. A home will license all vehicles used for
				transporting children and will meet all applicable state vehicle laws. A child
				shall be transported only if the child is properly secured in a child passenger
				restraint device or by a safety belt as follows.
(1) Children less than one year of age shall
				be properly secured in a rear-facing child passenger restraint device that
				meets federal standards, in the rear seat of a vehicle that is equipped with a
				rear seat. If the vehicle is not equipped with a rear seat, the child may ride
				in the front seat of the vehicle if the passenger-side air bag is deactivated
				or if the vehicle is not equipped with a deactivation switch for the
				passenger-side air bag.
(2)
				Children one year of age through four years of age, regardless of weight, or
				children who weigh forty pounds, regardless of age, shall be properly secured
				in a child passenger restraint device that meets federal standards.
(3) Children five years of age through six
				years of age, regardless of weight, or children who weigh less than 60 pounds,
				regardless of age, shall be properly secured in either a child booster seat or
				an appropriate child passenger restraint device that meets federal
				standards.
(4) Children seven years
				of age through 12 years of age shall be secured in a child passenger restraint
				device or by a seat belt.
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 8.16.2.38 - BUILDING, GROUND AND SAFETY REQUIREMENTS FOR HOMES

Current through Register Vol. 35, No. 13, July 16, 2024
A. HOUSEKEEPING:
(1) An educator will keep the premises,
				including furniture, fixtures, toys and equipment clean, safe, and free of
				debris and potential hazards.
(2)
				Materials dangerous to children must be secured in a manner making them
				inaccessible to children and away from food storage or preparation
				areas.
(3) All garbage and refuse
				receptacles in kitchens and in outdoor areas will have a tight fitting lid, be
				durable and constructed of materials that will not absorb liquids.
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 8.16.2.39 - REGULATIONS FOR PROGRAMS OFFERING ONLY OUT OF SCHOOL TIME CARE: APPLICABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A child care program required to be licensed under
				  8.16.2.40
				  NMAC through
				  8.16.2.47
				  NMAC of this regulation provides a variety of developmentally appropriate
				  activities that are both educational and recreational at a specific site,
				  usually a school, on a regular basis before or after school or when school is
				  not in regular session to children age five to 18 years, and not exempted from
				  regulation under any of the exceptions listed in
				  8.16.2.9 NMAC.
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 8.16.2.41 - ADMINISTRATIVE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. ADMINISTRATION RECORDS: A licensee shall
				display in a prominent place that is readily visible to parents, staff and
				visitors:
(1) all licenses, certificates, and
				most recent inspection reports of all state and local government agencies with
				jurisdiction over the program;
(2)
				the current child care regulations;
(3) dated weekly menus for meals and
				snacks;
(4) the guidance policy;
				and
(5) the current list of
				notifiable diseases and communicable diseases published by the office of
				epidemiology of the New Mexico department of health.
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 8.16.2.43 - SERVICES AND CARE OF CHILDREN IN OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. GUIDANCE:
(1) A program will have written policies and
				procedures clearly outlining guidance practices. Facilities will give this
				information to all parents and staff who will sign a form to acknowledge that
				they have read and understand these policies and procedures.
(2) Guidance will be consistent and age
				appropriate.
(3) Guidance shall be
				positive and include redirection and clear limits that encourage the child's
				ability to become self-disciplined. The use of physical or mechanical
				restraints is prohibited unless due to documented emergencies or medically
				documented necessity.
(4) A program
				will not use the following disciplinary practices:
(a) physical punishment of any type,
				including shaking, biting, hitting or putting anything on or over a child's
				mouth;
(b) withdrawal of food,
				rest, bathroom access, or outdoor activities;
(c) abusive or profane language, including
				yelling;
(d) any form of public or
				private humiliation, including threats of physical punishment; or
(e) unsupervised separation.
(5) Children will not be lifted by
				the arms, hands, wrist, legs, feet, ankles, or clothing.
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 8.16.2.44 - FOOD SERVICE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. MEAL PATTERN REQUIREMENTS: All foods
				prepared by the program will conform to the guidelines from United States
				department of agriculture's (USDA's) child and adult care food program (CACFP)
				for foods, meal patterns and serving sizes.
B. MEALS AND SNACKS:
(1) A program will provide a child a meal or
				snack at least every three hours.
(2) A program will serve a child a
				therapeutic or special diet with a written prescription/diet order from a
				physician or a recognized medical authority. Diet orders must be complete and
				descriptive, and not subject to interpretation by the program staff.
(3) A program will serve snacks each day and
				will include a selection of two different food group components from the four
				food group components.
(4) A
				program shall serve only one hundred percent fruit or vegetable juice. The use
				of fruit drinks that contain less than one hundred percent juice or
				artificially flavored drinks for meals or snacks is prohibited. One hundred
				percent fruit or vegetable juice may be diluted with water.
(5) A program shall serve a wide variety of
				fruits and vegetables, with a preference for fresh or frozen fruits and
				vegetables over canned.
(6) A
				program shall make water freely available to children.
(7) Menus shall contain a variety of foods.
				The same menu must not be served twice in one week.
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 8.16.2.45 - HEALTH AND SAFETY REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. HYGIENE:
				Children and staff members will wash their hands with soap and warm running
				water as needed. Water basins shall not be used as an alternative to running
				water. Staff and children will wash their hands whenever hands are contaminated
				with body fluids and always:
(1) after using
				a toilet;
(2) before and after
				caring for a sick child;
(3) before
				any food service activity, including setting the table;
(4) before and after eating;
(5) after handling pets or animals or items
				used by animals such as water and food bowls; and
(6) after handling trash.
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 8.16.2.46 - TRANSPORTATION REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. All vehicles used for transportation of
				children will have an operable, fully-charged fire extinguisher, first-aid kit,
				first-aid manual, water and blanket.
B. A program will load and unload children at
				the curbside of the vehicle or in a protected parking area or driveway. The
				program will ensure children do not cross a street unsupervised after leaving
				the vehicle.
C. No one will smoke,
				use e-cigarettes or vaporizers in a vehicle used for transporting
				children.
D. A program will license
				all vehicles used for transporting children and will meet all applicable state
				vehicle laws. A child shall be transported only if the child is properly
				secured in a child passenger restraint device or by a safety belt as follows.
				School buses that are not equipped with passenger restraint devices are exempt
				from this requirement.
(1) Children five years
				of age through six years of age, regardless of weight, or children who weigh
				less than 60 pounds, regardless of age, shall be properly secured in either a
				child booster seat or an appropriate child passenger restraint device that
				meets federal standards.
(2)
				Children seven years of age through 12 years of age shall be secured in a child
				passenger restraint device or by a seat belt.
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 8.16.2.47 - BUILDING, GROUND AND SAFETY REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. HOUSEKEEPING:
(1) A program will keep the premises,
				including furniture, fixtures, toys and equipment clean, safe, and free of
				debris and potential hazards.
(2)
				Materials dangerous to children must be secured in a manner making them
				inaccessible to children and away from food storage or preparation
				areas.
(3) All garbage and refuse
				receptacles in kitchens and in outdoor areas will be durable, and constructed
				of materials that will not absorb liquids.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Children, Youth and Families Department
				  (CYFD).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The Child Care Facility Loan Act fund program regulations
				  shall apply to the use of funds by eligible applicants available pursuant to
				  the Child Care Facility Loan Act, Section
				  24-24-1,
				  et seq., NMSA 1978.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The regulations set forth herein, have been promulgated by
				  the secretary of the New Mexico children, youth and families department, by
				  authority of the Children, Youth and Families Department Act, Section
				  9-2A-7
				  NMSA 1978, and the Child Care Facility Loan Act, Section
				  24-24-1 et
				  seq NMSA 1978, in conjunction with the New Mexico finance
				  authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 14, 2007 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 8.16.3 NMAC is to establish standards and
				  procedures for administering loans under the Child Care Facility Loan Act. The
				  Child Care Facility Loan Act directs the children, youth and families
				  department in conjunction with the New Mexico finance authority to adopt rules
				  to administer and implement the Child Care Facility Loan Act. The child care
				  facility revolving loan fund provides long term, low interest funding for
				  purposes of physical improvement, repair, safety and maintenance of child care
				  facilities that are licensed by the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Act" means the
				Child Care Facilities Loan Act (Sections
				24-24-1 to
				24-24-4
				NMSA 1978).
B. "Agreement" means
				the document or documents signed by the authority and the eligible applicant
				that specifies the terms and conditions of a loan provided under the
				program.
C. "Applicant" means a
				provider which has filed a request for a loan with the department and the
				authority.
D. "Application" means a
				written document filed with the department and the authority by an applicant
				for the purpose of obtaining a loan. An application may include a form
				prescribed by the department and the authority, written responses to requests
				for information by the department and the authority, or other format as
				determined by the department and the authority.
E. "Application committee" means a six-member
				body, three members appointed by the executive director of the authority from
				the authority staff and three members appointed by the secretary of the
				department.
F. "Authority" means
				the New Mexico finance authority and any third party contractually designated
				by the board to act on behalf of the New Mexico finance authority.
G. "Authorized representative" means one or
				more individuals authorized by the governing body of an applicant to act on
				behalf of the applicant in connection with its application. An authorized
				representative may act on behalf of the applicant to the extent provided by
				law.
H. "Board" means the New
				Mexico finance authority board as created by the act NMSA 6, Article 21
				1978.
I. "Department" means the New
				Mexico children, youth and families department.
J. "Facility" means a child care facility
				operated by a provider, including both family home-based and center-based
				programs, licensed by the department to provide care to infants, toddlers, and
				children.
K. "Fund" means the child
				care facility revolving loan fund held by the authority pursuant to the
				act.
L. "Loan" means a loan from
				the fund.
M. "Project" means health
				and safety improvements to a child care facility, including space expansion, in
				order to maintain an adequate and appropriate environment for a provider's
				clients.
N. "Provider" means a
				person licensed by the department to provide child care to infants, toddlers
				and children pursuant to 8.16.2 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.8 - ELIGIBILITY GUIDELINES FOR LOANS TO CHILD CARE FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Loans to child care facilities must be
				used for health and safety improvements to a child care facility, including
				space expansion, in order to maintain an adequate and appropriate environment
				for a provider's clients.
B. An
				eligible applicant:
(1) has been licensed for
				three or more years;
(2) is not a
				head start grantee;
(3) has not
				received a loan in the last five years, unless the loan has been
				repaid;
(4) may be a private, for
				profit or non-profit provider;
(5)
				may be a family home that is a licensed facility;
(6) may be a provider moving to a new
				facility; and
(7) must comply with
				all applicable federal, state and local laws and regulations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 16 - CHILD CARE LICENSING › Part 3 - REQUIREMENTS GOVERNING THE CHILD CARE FACILITY LOAN ACT › Section 8.16.3.10 - EVALUATION OF APPLICANT AND PROJECT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Evaluations and determinations by
				department.
(1) The department will determine
				whether an application is complete.
(2) Once the application is complete, the
				department will evaluate the applicant and the proposed project for eligibility
				and make a determination as to eligibility.
(3) If the department determines that an
				applicant is eligible, the department will determine the programmatic priority
				for each application.
(4) Upon
				completion of its evaluation of eligibility and determination of programmatic
				priority, the department will refer the applications that have been determined
				eligible and have been assigned a programmatic priority to the
				authority.