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 8.16.2.23 - PERSONNEL AND STAFFING REQUIREMENTS FOR CENTERS

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 8.8.3 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 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 who also care for children and are 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 have as their
				primary responsibility cooking, clerical or cleaning duties while caring for
				children.
(5) Volunteers shall not
				be counted in the staff/child ratios or left alone with children unless they
				meet all requirements for an educator.
(6) Substitutes and part-time educators
				counted in the staff/child ratios will meet the same requirement as regular
				educators except for training requirements, professional development plan and
				evaluations. Substitutes, volunteers, and educators routinely employed in a
				center 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 and have professional development plans and evaluations.
				See Paragraph (2) of Subsection B of 8.16.2.23 NMAC for additional training
				requirements.
(7) A director is
				responsible for one center only. Directors who are responsible for more than
				one center on the date these regulations are promulgated shall continue in that
				capacity. The director or co-director must be on the site of the center for a
				minimum of fifty percent of the center's daily core hours of operation. The
				licensing authority may require proof of the director's time on-site. See
				Paragraph (2) of Subsection F of
				8.16.2.22
				NMAC.
(8) During any absence, the
				director will assign a person to be in charge and will post a notice stating
				the assignment.
(9) A program will
				maintain staff/child ratios and group sizes at all times based on the age of
				the majority of children in the group. Children must never be left unattended
				whether inside or outside the facility. Staff will be onsite, available and
				responsive to children during all hours of operation. All educators shall
				perform headcounts at regular intervals throughout the day.
(10) A center will have a minimum of two
				staff members present at all times, with one being an educator. If the center
				has fewer than seven children, the second staff member may conduct other
				activities such as cooking, cleaning, or bookkeeping.
(11) A center will keep a list of people who
				can substitute for any staff member. The list will include the people's names,
				telephone numbers, background check, health certificates and record of
				orientation.
(12) Each room of the
				center and its premises shall be inspected at closing time on a daily basis to
				assure the center is secure, free of hazards, and that no child has been left
				unattended.