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 8.9.4.42 - PERSONNEL AND STAFFING REQUIREMENTS FOR OUT OF SCHOOL TIME CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A. PERSONNEL
				AND STAFFING REQUIREMENTS:
(1) An employer
				will not allow any employee involved in an incident which would disqualify that
				employee under the department's most current version of the background check
				and employment history verification provisions pursuant to 8.9.6 NMAC to
				continue to work directly or unsupervised with children;
(2) All educators will demonstrate the
				ability to perform essential job functions that reasonably ensure the health,
				safety and welfare of children in care.
(3) Educators (staff members) who work
				directly with children and who are counted in the staff/child ratios must be 18
				years of age or older.
(4)
				Clerical, cooking and maintenance personnel included in the staff/child ratio
				will have a designated schedule showing their normal hours in each role.
				Educators counted in the staff/child ratios will not be responsible for
				cooking, clerical or cleaning duties while caring for children.
(5) Substitutes, volunteers and part-time
				educators counted in the staff/child ratios will meet the same requirement as
				regular staff members except for training requirements. Substitutes and
				educators routinely employed in a facility but working 20 hours or fewer a
				week, will complete half the required training hours. Such employees working
				more than 20 hours a week will meet full training requirements. See Paragraph
				(4) of Subsection C of 8.9.4.42 NMAC for additional training
				requirements.
(6) Each site will
				have a site director. The site director or a designated co-director who meets
				the same qualifications as the site director will be on site 50 percent of the
				program's core hours of operation.
(7) A program will maintain staff/child
				ratios and group sizes at all times. Children must never be left unattended
				whether inside or outside the facility. .
(8) A program will have a minimum of two
				staff members present at all times, with one being an educator. If the program
				has less than seven children, the second staff member may be engaged in other
				duties.
(9) Each site will have one
				adult for every 15 children age five or older. Maximum group size of
				30.
(10) The number of children who
				may be in a group and the number of caregivers is specified in Paragraph (9) of
				Subsection A of 8.9.4.42 NMAC. More than one group of children may occupy a
				room, provided the following conditions are met:
(a) The room is divided so that different
				activity/interest areas are well-defined (i.e. art, dramatic play, fine motor,
				homework, science, math, and quiet homelike area);
(b) Each activity/interest area will have a
				posted capacity, which may vary according to the activity and size of the
				space, and will not exceed 30;
(c)
				Placement of cabinets, tables, carpeting, room-dividers, or shelving clearly
				define the different activity/interest areas;
(d) Individual children may freely move from
				one activity/interest area at their own pace as long as the capacity of any
				individual interest area is not exceeded;
(e) A single educator is responsible for
				supervising up to 15 children in one or more interest area as long as every
				child is in direct eyesight; and
(f) The total number of children in the
				larger room must not exceed the room capacity based on activity space. For
				example, if the larger room has a capacity of 90, and the maximum group size is
				30, the room must be divided by at least three well-defined activity/interest
				areas and be supervised by at least six caregivers, who are spread out so that
				every child is "attended".