New Mexico Register / Volume XXX, Issue 18 / September 24, 2019

 

 

This is an amendment to 8.16.2 NMAC Sections 7, 19, 21, 22, 31, 32, 40, and 41 effective October 1, 2019.

Section 7 has been renumbered pursuant to style and format recommendation from SRCA, Administrative Law Division.

 

8.16.2.7                 DEFINITIONS:

                A.            Terms beginning with the letter “A”:

                                (1)           “Abuse” means any act or failure to act, performed intentionally, knowingly or recklessly, which causes or is likely to cause harm to a child, including:

                                                (a)           physical contact that harms or is likely to harm a child;

                                                (b)           inappropriate use of a physical restraint, isolation, medication or other means that harms or is likely to harm a child; and

                                                (c)           an unlawful act, a threat or menacing conduct directed toward a child that results or might be expected to result in fear or emotional or mental distress to a child.

                                (2)           “Activity area” means space for children’s activities where related equipment and materials are accessible to the children.

                                (3)           “Adult” means a person who has a chronological age of 18 years or older.

                                (4)           “AIM HIGH” is a voluntary quality child care improvement program that is no longer open to new registered or licensed child care programs.  Recognition of AIM HIGH will terminate on December 31, 2017.

                                (5)           “Assessment of children’s progress” means children’s progress is assessed informally on a continuous basis using a series of brief anecdotal records (descriptions of the child’s behavior or skills in given situations). Children’s progress also can be assessed formally at least twice a year using a developmental checklist (checklist of behaviors that indicate physical, motor, language, cognitive, social and emotional development/progress).

                                (6)           “Attended” means the physical presence of a staff member or educator supervising children under care.  Merely being within eyesight or hearing of the children does not meet the intent of this definition (See Supervision, Paragraph 12 of Subsection S of 8.16.2.7 NMAC).

                B.            Terms beginning with the letter “B”: [RESERVED]

                C.            Terms beginning with the letter “C”:

                                (1)           “Capacity” means the maximum number of children a licensed child care facility can care for at any one time.

                                (2)           “Child” means a person who is under the chronological age of 18 years.

                                (3)           “Child care center” means a facility required to be licensed under these regulations that provides care, services, and supervision for less than 24-hours a day to children.  A child care center is in a non-residential setting and meets the applicable state and local building and safety codes.

                                (4)           “Child with a disability or special needs” means a child with an identified disability, health, or mental health conditions requiring early intervention, special education services, or other specialized services and support; or children without identified conditions, but requiring specialized services, supports, or monitoring.

                                (5)           “Class A deficiency” means any abuse or neglect of a child by a facility employee or volunteer for which the facility is responsible, which results in death or serious physical or psychological harm; or a violation or group of violations of applicable regulations, which results in death, serious physical harm, or serious psychological harm to a child.

                                (6)           “Class B deficiency” means any abuse or neglect of a child by a facility employee or volunteer for which the facility is responsible; or a violation or group of violations of applicable regulations which present a potential risk of injury or harm to any child.

                                (7)           “Class C deficiency” means a violation or group of violations of applicable regulations as cited by surveyors from the licensing authority which have the potential to cause injury or harm to any child if the violation is not corrected.

                                (8)           “Clean” means to physically remove all dirt and contamination.

                                (9)           “Conditions of operation” means a written plan that applies to a licensed facility and is developed by the licensing authority when the licensing authority determines that provisions within these regulations have been violated.  The plan addresses corrective actions that the licensee must take within a specified timeframe in order to come into compliance with licensing requirements.  During this timeframe the licensing authority may increase its level of monitoring.

                                (10)         “Core hours” means the daily hours of operation of the child care facility.

                                (11)         “Corrective action plan” means the plan submitted by the licensee addressing how and when identified deficiencies will be corrected.

                                (12)         “Curriculum” is what happens every day in the classroom and on the playground.  It includes every aspect of the daily program.  Curriculum derives from the program’s mission statement, philosophy (which, in turn, is based on assumptions about young children’s development and learning), and program goals and objectives. It includes how materials and equipment are used, activities that children and adults participate in, and interactions among children and between children and adults.

                D.            Terms beginning with the letter “D”:

                                (1)           “Deficiency” means a violation of these regulations.

                                (2)           “Direct provider of care” means any individual who, as a result of employment or contractual service or volunteer service has direct care responsibilities or potential unsupervised physical access to any care recipient in the settings to which these regulations apply.

                                (3)           “Director” means the person in charge of the day-to-day operation and program of a child care center.

                                (4)           “Disinfect” means to destroy or inactivate most germs on any inanimate object, but not bacterial spores. Mix four tablespoons of bleach with one gallon of cool water or use an environmental protection agency (EPA) registered disinfectant.

                                (5)           “Drop-in” means a child who attends a child care facility on an occasional or unscheduled basis.

                E.            Terms beginning with the letter “E”:

                                (1)           “Educator” means an adult who directly cares for, serves, and supervises children in a licensed child care facility.  Educators are considered staff members.

                                (2)           “Environment” means that the environment meets all required local, state, and federal regulations. It includes space (both indoors and outdoors) with appropriate equipment and materials that encourage children to engage in hands-on learning.

                                (3)           “Exploitation” of a child consists of the act or process, performed intentionally, knowingly, or recklessly, of using a child’s property for another person’s profit, advantage or benefit without legal entitlement to do so.

                                (4)           “Expulsion” means the involuntary termination of the enrollment of a child or family.

                F.            Terms beginning with the letter “F”:

                                (1)           “Facility” means any premises licensed under these regulations where children receive care, services, and supervision. A facility can be a center, home, program, or other site where children receive childcare.

                                (2)           “Family child care home” means a private dwelling required to be licensed under these regulations that provides care, services and supervision for a period of less than 24 hours of any day for no more than six children.  The licensee will reside in the home and be the primary educator.

                                (3)           “FOCUS” is a voluntary tiered quality rating and improvement program that is open to all registered and licensed child care programs.

                G.            Terms beginning with the letter “G”:

                                (1)           “Group child care home” means a home required to be licensed pursuant to these regulations, which provides care, services, and supervision for at least seven but not more than 12 children.  The licensee will reside in the home and be the primary educator.

                                (2)           “Group size” is the number of children assigned to an educator or team of educators occupying an individual classroom or well-defined space within a larger room.

                                (3)           “Guidance” means fostering a child’s ability to become self-disciplined.  Guidance shall be consistent and developmentally appropriate.

                H.            Terms beginning with the letter “H”:

                                (1)           “Home” means a private residence and its premises licensed under these regulations where children receive care, services, and supervision.  The licensee will reside in the home and be the primary educator.

                                (2)           “Homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence, which includes:

                                                (a)           Children and youth who are temporarily sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks (excludes mobile homes), or camping ground due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

                                                (b)           children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

                                                (c)           children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

                                                (d)           migratory children who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in Paragraphs (1) through (3) of this subsection.

                I.             Terms beginning with the letter “I”:  “Infant” means a child age six weeks to 12 months.

                J.             Terms beginning with the letter “J”: [RESERVED]

                K.            Terms beginning with the letter “K”: [RESERVED]

                L.            Terms beginning with the letter “L”:

                                (1)           “License” means a document issued by CYFD to a child care facility licensed and governed by these regulations and granting the legal right to operate for a specified period of time, not to exceed one year.

                                (2)           “Licensee” means the person(s) who, or organization which, has ownership, leasehold, or similar interest in the child care facility and in whose name the license for the child care facility has been issued and who is legally responsible for compliance with these regulations.

                                (3)           “Licensing authority” means the child care services bureau - licensing section of the early childhood services division of the New Mexico children, youth and families department which has been granted the responsibility for the administration and enforcement of these regulations by authority of Children, Youth and Families Department Act, Section 9-2A-1 to 9-2A-16 NMSA 1978, as amended.

                M.           Terms beginning with the letter “M”:  “Mission statement,” describes what the program aspires to do and whom the program aspires to serve.

                N.            Terms beginning with the letter “N”:

                                (1)           “National accreditation status” means the achievement and maintenance of accreditation status by an accrediting body that has been approved by CYFD.  CYFD determines the program criteria and standards to evaluate and approve accrediting bodies. 

                                                (a)           The following are the only national accrediting bodies that are approved by CYFD:

                                                                (i)            the association of Christian schools international (ACSI);

                                                                (ii)           the council on accreditation (COA) for early childhood education and after school programs;

                                                                (iii)         the international Christian accrediting association (ICAA);

                                                                (iv)          the national accreditation commission for early care and education programs (NAC);

                                                                (v)           the national association for the education of young children (NAEYC) academy for early childhood program accreditation;

                                                                (vi)          the national association of family child care (NAFCC); or

                                                                (vii)        the national early childhood program accreditation (NECPA).

                                                (b)           Effective July 15, 2014 accrediting bodies that have been previously approved by CYFD that are not on the above list will no longer be CYFD approved national accrediting bodies.

                                (2)           “Night care” means the care, services and supervision provided by a licensed child care facility to children between the hours of 10:00 p.m. to 6:00 a.m.

                                (3)           “Neglect” means the failure to provide the common necessities including but not limited to: food, shelter, a safe environment, education, emotional well-being and healthcare that may result in harm to the child.

                                (4)           “Notice of provisional employment” means a written notice issued to a child care center or home applicant indicating the Background Check Unit reviewed the applicant’s fingerprint based federal or New Mexico criminal record and made a determination that the applicant may begin employment under direct physical supervision until receiving background eligibility.  A notice may also indicate the applicant must receive a complete background eligibility prior to beginning employment.

                                (5)           “Notifiable diseases” means confirmed or suspected diseases/conditions as itemized by the New Mexico department of health which require immediate reporting to the office of epidemiology which include but are not limited to:  measles, pertussis, food borne illness, hepatitis and acquired immune deficiency syndrome.

                O.            Terms beginning with the letter “O”:

                                (1)           “Orientation” means a process by which the employer informs each new employee, volunteer and substitute, in advance of assuming their duties, of the mission, philosophy, policies, and procedures of the program, including clear direction about performance expectations.

                                (2)           “Out of school time program” means a school age program at a specific site, usually a school or community center, offering on a consistent basis a variety of developmentally appropriate activities that are both educational and recreational.

                P.            Terms beginning with the letter “P”:

                                (1)           Parent handbook” is a written communication tool that provides valuable information to families of the children the program serves.  It includes all matters of relevance to family members regarding the program and is updated annually, or as needed.

                                (2)           “Pest” means any living organism declared a pest pursuant to the Pesticide Control Act.

                                (3)           “Pesticide” means any chemical substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.

                                (4)           "Philosophy statement” describes how the program’s mission will be carried out.  It reflects the values, beliefs, and convictions of the program about how young children learn and describes the components of the program that contribute to that learning.  It provides the program’s perspective on early care and education and the nature of how children learn.  The program’s philosophy is implemented through the curriculum.

                                (5)           “Policy” is a written directive that guides decision-making. Policies form the basis for authoritative action.

                                (6)           “Premises” means all parts of the buildings, grounds, and equipment of a child care facility licensed pursuant to these regulations.

                                (7)           “Procedure” is a series of steps to be followed, usually in a specific order, to implement policies.

                                (8)           “Professional development” is an on-going plan for continued professional development for each educator, including the director.

                                (9)           “Program administrator” means the person responsible for planning or implementing the care of children in the program.  This includes but is not limited to making contact with parents, keeping appropriate records, observing and evaluating the child’s development, supervising staff members and volunteers, and working cooperatively with the site director and other staff members toward achieving program goals and objectives.  This definition applies to out of school time programs only.

                                (10)         “Punishment” means the touching of a child’s body with the intent of inducing pain.  This includes but is not limited to pinching, shaking, spanking, hair or ear pulling.  It also includes any action which is intended to induce fear, shame or other emotional discomfort.

                R.            Terms beginning with the letter “R”:

                                (1)           “Ratio” is the maximum number of children one educator can be responsible for.

                                (2)           “Requirements” means the criteria and regulations developed by children, youth and families department in 8.16.2 NMAC; to set minimum standards of care, education and safety for the protection and enhancement of the well-being of children receiving care, services or supervision.

                                (3)           “Restriction” means to control enrollment, service type, capacity, activities, or hours of operation.

                                (4)           “Revocation” means the act of making a license null and void through its cancellation.

                S.             Terms beginning with the letter “S”:

                                (1)           “Sanction” means a measure imposed by the licensing authority for a violation(s) of these standards.

                                (2)           “Sanitize” means to reduce germs on inanimate surfaces to levels considered safe by public health codes or regulations. Mix one and one half teaspoons of bleach with one gallon of cool water or use an EPA registered sanitizer.

                                (3)           “Serious injury” means the death of a child or accident, illness, or injury that requires treatment by a medical professional or hospitalization.

                                (4)           “School-age” means a child in care who is age five to 18 years.

                                (5)           “Staff evaluation” means that each staff member is evaluated by the director, using criteria from the individual’s job description.  The individual being evaluated knows ahead of time the criteria and procedures (which may include self-evaluation) for which they are being evaluated.  The director discusses evaluation results with each staff member, and results are considered when determining salary increments and are incorporated into the individual’s professional development plan.

                                (6)           “Staff member” means any person, including educators, who are employed by the licensee and who are present at any time when children are present.

                                (7)           “Substitute” means an adult who directly cares for, serves, and supervises children in a licensed child care facility, who works in place of the regular educator, and who works less than an average of 40 hours per month in a six month period.

                                (8)           “Suspension” means a temporary cancellation of a license pending an appeal hearing or correction of deficiencies.

                                (9)           “Site director” means the person at the site having responsibility for program administration and supervision of an out of school time program.  This definition applies to out of school time programs only.

                                (10)         “Star level” means a license indicating the level of quality of an early childhood program.  A greater number of stars indicates a higher level of quality.

                                (11)         “Substantiated complaint” means a complaint determined to be factual, based on an investigation of events.

                                (12)         “Supervision” means the direct observation and guidance of children at all times and requires being physically present with them.  The only exception is school-age children who will have privacy in the use of bathrooms.

                                (13)         “Survey” means a representative of the licensing authority enters a child care facility, observes activity, examines the records and premises, interviews parents and staff members and records deficiencies.

                T.            Terms beginning with the letter “T”:  “Toddler” means a child age 12 months to 24 months.

                U.            Terms beginning with the letter “U”:

                                (1)           “U/L” means the underwriters laboratory, which is a standards organization which tests electrical and gas appliances for safety.

                                (2)           “Unattended” means an educator is not physically present with a child or children under care.

                                (3)           “Unsubstantiated complaint” means a complaint not determined to be factual based on an investigation of events.

                V.            Terms beginning with the letter “V”: [RESERVED]

                                (1)           “Variance” means an allowance granted by the licensing authority to permit non-compliance with a specified regulation for the period of licensure.  The granting of variances is at the sole discretion of the licensing authority.

                                (2)           “Volunteer” means any person who is not employed by the child care facility, spends six hours or less per week at the facility, is under direct physical supervision and is not counted in the facility ratio. Anyone not fitting this description must meet all requirements for staff members or educator.

                W.           Terms beginning with the letter “W”:  “Waiver” means an allowance granted by the licensing authority to permit non-compliance with a specified regulation for a specified, limited period of time.  The granting of waivers is at the sole discretion of the licensing authority.

[8.16.2.7 NMAC - Rp, 8.16.2.7 NMAC, 10/1/16, A, 10/01/19]

 

8.16.2.19               BACKGROUND CHECKS: 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. [A request for a background check must be submitted prior] 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.

[8.16.2.19 NMAC - Rp 8.16.2.19 NMAC, 10/1/16, A, 10/01/19]

 

8.16.2.21               LICENSURE REQUIREMENTS FOR CENTERS:

                A.            LICENSING REQUIREMENTS:

                                (1)           APPLICATION FORM:  An applicant will complete an application form provided by the licensing authority and include payment for the non-refundable application fee.  Applications will be rejected unless all supporting documents are received within six months of the date indicated on the application.  A 45 day extension will be granted if the licensee provides documentation to the licensing authority that documents were submitted to the appropriate agencies in a timely manner but, through no fault of their own, they have not received responses from these agencies.

                                (2)           BACKGROUND CHECK: The licensing authority will provide a copy of the most current version of the department’s background check and employment history verification provisions, fingerprint instructions, and forms for recording an employment history.  The licensee will be responsible for obtaining background checks on all staff members, educators, volunteers, and prospective staff members, educators, volunteers or any person who may have unsupervised physical access to children as per the requirements outlined in the department’s most current version of the background check and employment history verification provisions.  All requirements of the current background check and employment history verification provisions pursuant to 8.8.3 NMAC must be met prior to the issuance of an initial license.  [A request for a background check must be submitted prior] 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 at least once every five years on all required individuals.

                                (3)           ZONING, BUILDING AND OTHER APPROVALS:  An applicant will have: current written finalized zoning approval from the appropriate city, county or state authority; current written building approval, such as a certificate of occupancy, from the appropriate city, county or state authority; current written approval of the state fire marshal office or other appropriate city, county or state fire-prevention authority; current written approval from the New Mexico environment department or other environmental health authority for:

                                                (a)           a kitchen, if meals are prepared on site and served in the center;

                                                (b)           private water supply, if applicable;

                                                (c)           private waste or sewage disposal, if applicable; and

                                                (d)           a swimming pool, if applicable.

                                (4)           ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES IN NEW CENTERS:

                                                (a)           Accessibility to individuals with disabilities is provided in all new centers and will include the following:

                                                                (i)            main entry into the center is level or has a ramp to allow for wheelchair access;

                                                                (ii)           building layout allows for access to the main activity area;

                                                                (iii)         access to at least one bathroom is required to have a door clearance of 32 inches;  the toilet unit also provides a 60-inch diameter turning radius;

                                                                (iv)          if ramps are provided to the building, the slope of each ramp is at least a 12-inch horizontal run for each inch of vertical rise; and

                                                                (v)           ramps exceeding a six-inch rise are provided with handrails.

                                                (b)           Requirements contained herein are minimum and additional disability requirements may apply depending on the size and complexity of the center.

                                (5)           SCHEDULE: All applications for a new license will include a description of the center’s proposed activities and schedule.

                                (6)           INITIAL SURVEY: The licensing authority will schedule a survey for a center when it receives a complete application with all supporting documents.

                B.            CAPACITY OF CENTERS:

                                (1)           The number of children in a center, either in total or by age, will not exceed the capacity stated on the license.

                                (2)           The licensing authority will count all children in the care of the licensed facility, including school-age children and the children of staff members and volunteers, in the capacity of the facility, even if the children are on a field trip or other outing outside the licensed premises.  The licensed capacity must not be exceeded by the presence of school-age children.

                                (3)           A center must meet the following space requirements.

                                                (a)           35 square feet of indoor activity space measured wall to wall on the inside for each child in a center, excluding single-use areas, such as restrooms, kitchens, halls and storage areas, and excluding offsets and built-in fixtures.

                                                (b)           75 square feet of outdoor activity space for each child using the area at one time. The center will post on the doors to the playground the maximum capacity of the playground.

                                                (c)           Centers must post classroom capacities, ratios, and group sizes in an area of the room that is easily visible to parents, staff and visitors.

                C.            INCIDENT REPORTING REQUIREMENTS:

                                (1)           The licensee will report to the appropriate authorities the following incidents.  After making a report to the appropriate authorities, the licensee shall notify the licensing authority of the incident giving rise to its report as soon as possible but no later than 24 hours after the incident occurred.  A report should first be made by telephone and followed with written notification.  The licensee shall report any incident that has threatened or could threaten the health and safety of children and staff members, such as, but not limited to:

                                                (a)           a lost or missing child;

                                                (b)           a serious injury;

                                                (c)           the abuse or neglect of a child;

                                                (d)           fire, flood, or other natural disaster that creates structural damages to a center or poses a health hazard;

                                                (e)           any of the illnesses on the current list of notifiable diseases and communicable diseases published by the office of epidemiology of the New Mexico department of health;

                                                (f)            any legal action against a center or staff members;

                                                (g)           any incident that could affect the background check eligibility of any cleared person related to this license;

                                                (h)           any declaration of intention or determination to inflict punishment, loss, injury or pain on child or staff member by the commission of an unlawful act, such as, but not limited to, a bomb threat;

                                                (i)            the use of physical or mechanical restraints, unless due to documented emergencies or medically documented necessity; or

                                                (j)            any known change in an educator’s health condition or use of medication that impairs his or her ability to provide for the health, safety or welfare of children in care.

                                (2)           A center will notify parents or guardians in writing of any incident, including notifiable illnesses, that have threatened the health or safety of children in the center.  Incidents include, but are not limited to those listed in Paragraph (1) of Subsection C of 8.16.2.21 NMAC.

                                (3)           Incident reports involving suspected child abuse and neglect must be reported immediately to children’s protective services and local law enforcement.  The licensing authority follows written protocols/procedures for the prioritization, tracking, investigation and reporting of incidents, as outlined in the complaint investigation protocol and procedures.

[8.16.2.21 NMAC - Rp, 8.16.2.21 NMAC, 10/1/16, A, 10/01/19]

 

8.16.2.22               ADMINISTRATIVE REQUIREMENTS FOR CENTERS:

                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.

                B.            MISSION, PHILOSOPHY AND CURRICULUM STATEMENT: All licensed facilities must have a:

                                (1)           mission statement;

                                (2)           philosophy statement; and

                                (3)           curriculum statement.

                C.            POLICY AND PROCEDURES:  All facilities using these regulations must have written policies and procedures covering the following areas:

                                (1)           actions to be taken in case of accidents or emergencies involving a child, parents or staff members;

                                (2)           policies and procedures for admission and discharge of children;

                                (3)           policies and procedures for expulsion of children.  Policies and procedures shall include how the center will maintain a positive environment and will focus on preventing the expulsion of children age birth to five.  The center must develop policies that include clear, appropriate, consistent expectations, and consequences to address disruptive student behaviors; and ensure fairness, equity, and continuous improvement;

                                (4)           policies and procedures for the handling of medications;

                                (5)           policies and procedures for the handling of complaints received from parents or any other person;

                                (6)           policies and procedures for actions to be taken in case a child is found missing from the center;

                                (7)           policies and procedures for the handling of children who are ill; and

                                (8)           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 (see waivers, Subsection D of 8.16.2.14 NMAC).  The plan shall be approved annually by the licensing authority and the department will provide guidance on developing these plans.

                D.            FAMILY HANDBOOK: All facilities using these regulations must have a parent handbook which includes the following:

                                (1)           GENERAL INFORMATION:

                                                (a)           mission statement;

                                                (b)           philosophy statement;

                                                (c)           program information (location, license information, days and hours of operation, services offered);

                                                (d)           name of director and how he/she may be reached;

                                                (e)           meals, snacks and types of food served (or alternatively, guidelines for children bringing their own food);

                                                (f)            daily schedule;

                                                (g)           a statement supportive of family involvement that includes an open door policy to the classroom;

                                                (h)           appropriate dress for children, including request for extra change of clothes;

                                                (i)            celebrating holidays, birthdays and parties; and

                                                (j)            disclosure to parents that the licensee does not have liability or accident insurance coverage.

                                (2)           POLICIES AND PROCEDURES:

                                                (a)           enrollment procedures;

                                                (b)           disenrollment procedures;

                                                (c)           expulsion procedures;

                                                (d)           fee payment procedures, including penalties for tardiness;

                                                (e)           notification of absence;

                                                (f)            fee credits, if any (e.g. for vacations, absences, etc.);

                                                (g)           field trip policies;

                                                (h)           health policies (program’s policies on admitting sick children, when children can return after an illness, administering medication, and information on common illnesses);

                                                (i)            emergency procedures, safety policies, and disaster preparedness plan;

                                                (j)            snow days and school closure;

                                                (k)           confidentiality policy;

                                                (l)            child abuse/neglect reporting procedure; and

                                                (m)          guidance policy

                E.            CHILDREN’S RECORDS: A center will maintain a complete record for each child, including drop-ins, completed before the child is admitted.  Records will be kept at the center for 12 months after the child’s last day of attendance.  Records will contain at least:

                                (1)           PERSONAL INFORMATION:

                                                (a)           name of the child; date of birth, gender, home address, mailing address and telephone number;

                                                (b)           names of parents or guardians, parents or guardians current places of employment, addresses, pager, cellular and work telephone numbers;

                                                (c)           a list of people authorized to pick up the child and an authorization form signed by parent or guardian; identification of person authorized by the parent or guardian to pick up the child shall be verified at pick up;

                                                (d)           date the child first attended the center and the date of the child’s last day at the center;

                                                (e)           a copy of the child’s up-to-date immunization record or a public health division approved exemption from the requirement, a grace period of a maximum of 30 days will be granted for children in foster care or homeless children and youth;

                                                (f)            a record of any accidents, injuries or illnesses which require first aid or medical attention which must be reported to the parent or guardian;

                                                (g)           a record of observations of recent bruises, bites or signs of potential abuse or neglect, which must be reported to CYFD;

                                                (h)           written authorization from the child’s parent or guardian to remove a child from the premises to participate in off-site activities; authorization must contain fieldtrip destination, date and time of fieldtrip and expected return time from fieldtrip;

                                                (i)            written authorization from the child’s parent or guardian for the educator to apply sunscreen, insect repellent and, if applicable, diaper cream to the child.

                                                (j)            a record of the time the child arrived and left the center and dates of attendance initialed by a parent, guardian, or person authorized to pick up the child;

                                                (k)           an enrollment agreement form which must be signed by a parent or guardian with an outline of the services and the costs being provided by the facility; and

                                                (l)            a signed acknowledgment that the parent or guardian has read and understands the parent handbook.

                                (2)           EMERGENCY INFORMATION:

                                                (a)           information on any allergies or medical conditions suffered by the child.

                                                (b)           the name and telephone number of two people in the local area to contact in an emergency when a parent or guardian cannot be reached. Emergency contact numbers must be kept up to date at all times.

                                                (c)           the name and telephone number of a physician or emergency medical center authorized by a parent or guardian to contact in case of illness or emergency.

                                                (d)           a document giving a center permission to transport the child in a medical emergency and an authorization for medical treatment signed by a parent or guardian.

                                                (e)           if applicable, legal documentation regarding the child, including but not limited to: restraining orders, guardianship, powers of attorney, court orders, and custody by children’s protective services.

                F.            PERSONNEL RECORDS:

                                (1)           A licensee will keep a complete file for each staff member, including substitutes and volunteers working more than six hours of any week and having direct contact with the children.  A center will keep the file for one year after the staff member’s last day of employment.  Records will contain at least the following:

                                                (a)           name, address and telephone number;

                                                (b)           position;

                                                (c)           current and past duties and responsibilities;

                                                (d)           dates of hire and termination;

                                                (e)           documentation of a background check and employment history verification;  if background check is in process then documentation of the notice of provisional employment showing that it is in process, [such as a submission receipt, shall] must be placed in file.  A background check must be conducted at least once every five years on all required individuals;

                                                (f)            an annual signed statement that the staff member would or would not be disqualified as a direct provider of care under the most current version of the background checks and employment history verification provisions pursuant to 8.8.3 NMAC;

                                                (g)           documentation of current first-aid and cardiopulmonary resuscitation training;

                                                (h)           documentation of all appropriate training by date, time, hours and area of competency;

                                                (i)            emergency contact number;

                                                (j)            universal precaution acknowledgment form;

                                                (k)           confidentiality form;

                                                (l)            results of performance evaluations;

                                                (m)          administrative actions or reprimands;

                                                (n)           written plan for ongoing professional development for each educator, including the director, that is based on the seven areas of competency, consistent with the career lattice, and based on the individual’s goals; and

                                                (o)           signed acknowledgment that the staff have read and understand the personnel handbook;

                                                (p)           signed acknowledgement that all staff have reviewed and are aware of the center’s disaster preparedness plan and evacuation plan; and

                                                (q)           form I-9, employment eligibility verification.

                                (2)           A center will maintain dated weekly work schedules for the director, all staff, all educators and volunteers and keep the records on file for at least 12 months.  The record will include the time the workers arrived at and left work and include breaks and lunch.

                G.            PERSONNEL HANDBOOK: The center will give each employee a personnel handbook that covers all matters relating to employment and includes the following critical contents:

                                (1)           organizational chart;

                                (2)           job descriptions of all employees by title;

                                (3)           benefits, including vacation days, sick leave, professional development days, health insurance, break times, etc.;

                                (4)           code of conduct;

                                (5)           training requirements, career lattice, professional development opportunities;

                                (6)           procedures and criteria for performance evaluations;

                                (7)           policies on absence from work;

                                (8)           grievance procedures;

                                (9)           procedures for resignation or termination;

                                (10)         copy of licensing regulations;

                                (11)         policy on parent involvement;

                                (12)         health policies related to both children and staff;

                                (13)         policy on sexual harassment;

                                (14)         child guidance policy;

                                (15)         confidentially statement; and

                                (16)         a plan for retention of qualified staff.

[8.16.2.22 NMAC - Rp, 8.16.2.22 NMAC, 10/1/16, A, 10/01/19]

 

8.16.2.31               LICENSURE REQUIREMENTS FOR HOMES:

                A.            LICENSING REQUIREMENTS:

                                (1)           APPLICATION FORM: An applicant will complete an application form provided by the licensing authority and include payment for the non-refundable application fee.  Applications will be rejected unless all supporting documents are received within six months of the date indicated on the application.  A 45 day extension will be granted if the licensee provides documentation to the licensing authority that documents were submitted to the appropriate agencies in a timely manner but, through no fault of their own, they have not received responses from these agencies.

                                (2)           A home will submit a new application to the licensing authority before changing anything required to be stated on the license such as dates, capacity, operator, or address.

                                (3)           BACKGROUND CHECK: In addition to the basic requirements at 8.16.2.19 NMAC of the general provisions an applicant will apply for a national criminal records check.  The licensing authority will provide a copy of the most current version of the department’s background check and employment history verification provisions (8.8.3 NMAC), regulations, fingerprint instructions, and forms for recording an employment history.  The licensee will be responsible for obtaining background checks on all staff members, educators, volunteers, and prospective staff members, educators, volunteers, any person who may have unsupervised physical access to children, and all adults residing in the home as per the requirements outlined in the department’s most current version of the background check and employment history verification provisions.  A household member reaching the age of 18 must submit their background check in accordance with the most current provisions of 8.8.3 NMAC within 30 days after their eighteenth birthday. All requirements of the current background check and employment history verification provisions pursuant to 8.8.3 NMAC must be met prior to the issuance of an initial license.  [A request for a background check must be submitted prior] 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 at least once every five years on all required individuals.

                                (4)           ZONING AND OTHER APPROVALS:  An applicant will have:

                                                (a)           current written zoning approval from the appropriate city, county or state authority;

                                                (b)           current written approval of the state fire marshal office or other appropriate city, county or state fire-prevention authority if applicable;

                                                (c)           current written approval from the New Mexico environment department or other environmental health authority for: 1)  Private water supply, if applicable; 2)  Private waste or sewage disposal, if applicable; and 3)  A swimming pool, if applicable.

                                (5)           SCHEDULE:  All applications for a new license will include a description of the home’s proposed activities and schedule.

                                (6)           INITIAL SURVEY: The licensing authority will schedule a survey for a home when it receives a complete application with all supporting documents.

                B.            CAPACITY OF A HOME:

                                (1)           The number of children in a home, either in total or by age, will not exceed the capacity stated on the license.

                                (2)           The licensing authority will count all children in the care of the licensed home, including the educator’s own children under the age of six, in the capacity of a home, even if the children are on a field trip or other outing outside the home.  The licensed capacity must not be exceeded by the presence of school age children.

                                (3)           A home may be licensed for up to 12 children.

                                (4)           A home licensed as a family day care home under these regulations providing care for a maximum capacity of six children may care for up to four children under the age of two providing a second educator is present in the home and the home is licensed to provide such care.  A home licensed as a group day care home under these regulations providing care for a maximum of 12 children may care for up to four children under age two providing a second educator is present in the home and the home is licensed to provide such care.

                                (5)           A home must have 35 square feet of activity and sleeping space per child, excluding bathrooms, kitchens, halls and other built-in fixtures and offsets, with total capacity limited to no more than 12 children.  A home must have at least one bathroom with a toilet and sink. For a home licensed for no more than six children, one activity room will be measured. For a home licensed for 12 children, no more than two rooms will be measured.

                                (6)           The home will have an outdoor play area, which must be fenced in.

                C.            INCIDENT REPORTING REQUIREMENTS:

                                (1)           The licensee will report to the appropriate authorities the following incidents.  After making a report to the appropriate authorities, the licensee shall notify the licensing authority of the incident giving rise to its report as soon as possible but no later than 24 hours after the incident occurred.  A report should first be made by telephone and followed with written notification.  The licensee shall report any incident that has threatened or could threaten the health and safety of children and staff members, such as, but not limited to:

                                                (a)           a lost or missing child;

                                                (b)           a serious injury;

                                                (c)           the abuse or neglect of a child;

                                                (d)           fire, flood, or other natural disaster that creates structural damages to a home or poses a health hazard;

                                                (e)           any of the illnesses on the current list of notifiable diseases and communicable diseases published by the office of epidemiology of the New Mexico department of health;

                                                (f)            any legal action against a home, household member, or staff members;

                                                (g)           any incident that could affect the background check eligibility of any cleared person related to this license;

                                                (h)           the use of physical or mechanical restraints, unless due to documented emergencies or medically documented necessity; or

                                                (i)            any known change in an educator’s health condition or use of medication that impairs his or her ability to provide for the health, safety or welfare of children in care.

                                (2)           A home will notify parents or guardians in writing of any incident, including notifiable illnesses, that has threatened the health or safety of children in the home.  Incidents include, but are not limited to, those listed in Paragraph (1) of Subsection C of 8.16.2.31 NMAC.

                                (3)           Incident reports involving suspected child abuse and neglect must be reported immediately to children’s protective services and local law enforcement.  The licensing authority follows written protocols/procedures for the prioritization, tracking, investigation and reporting of incidents, as outlined in the complaint investigation protocol and procedures.

[8.16.2.31 NMAC - Rp, 8.16.2.31 NMAC, 10/1/16, A, 10/01/19]

 

8.16.2.32               ADMINISTRATIVE REQUIREMENTS FOR HOMES:

                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.

                B.            MISSION, PHILOSOPHY AND CURRICULUM STATEMENT: All licensed facilities must have a:

                                (1)           mission statement;

                                (2)           philosophy statement; and

                                (3)           curriculum statement.

                C.            PARENT HANDBOOK: All facilities using these regulations must have a parent handbook which includes the following:

                                (1)           GENERAL INFORMATION:

                                                (a)           mission statement;

                                                (b)           philosophy statement;

                                                (c)           program information (location, license information, days and hours of operation, services offered);

                                                (d)           name of licensee and how he/she may be reached;

                                                (e)           meals, snacks and types of food served (or alternatively, guidelines for children bringing their own food);

                                                (f)            daily schedule;

                                                (g)           a statement supportive of family involvement that includes an open door policy to the family or group child care home;

                                                (h)           appropriate dress for children, including request for extra change of clothes;

                                                (i)            celebrating holidays, birthdays and parties; and

                                                (j)            disclosure to parents that the licensee does not have liability or accident insurance coverage.

                                (2)           POLICIES AND PROCEDURES:

                                                (a)           enrollment procedures;

                                                (b)           disenrollment procedures;

                                                (c)           policies and procedures for expulsion of children.  Policies and procedures shall include how the home will maintain a positive environment and will focus on preventing the expulsion of children age birth to five.  The home must develop policies that include clear, appropriate, consistent expectations, and consequences to address disruptive student behaviors; and ensure fairness, equity, and continuous improvement;

                                                (d)           fee payment procedures, including penalties for tardiness;

                                                (e)           notification of absence;

                                                (f)            fee credits, if any (e.g. for vacations, absences, etc.);

                                                (g)           field trip policies;

                                                (h)           health policies (program’s policies on admitting sick children, when children can return after an illness, administering medication, and information on common illnesses);

                                                (i)            emergency procedures, safety policies, and disaster preparedness plan;

                                                (j)            snow days and school closure;

                                                (k)           confidentiality policy;

                                                (l)            child abuse/neglect reporting procedure; and

                                                (m)          guidance policy.

                D.            CHILDREN’S RECORDS: A home will maintain a complete record for each child, including drop-ins, completed before the child is admitted and kept at the home for 12 months after the child’s last day of attendance.  Records will contain at least:

                                (1)           PERSONAL INFORMATION:

                                                (a)           name of the child, date of birth, gender, home address, mailing address and telephone number;

                                                (b)           names of the parents or guardians, the parents or guardians current places of employment, addresses, pager, cellular and work telephone numbers;

                                                (c)           a list of people authorized to pick up the child and an authorization form signed by parent or guardian; identification of person authorized by the parent or guardian to pick up the child shall be verified at pick up; 

                                                (d)           date the child first attended the home and the date of the child’s last day at the home;

                                                (e)           a copy of the child’s up-to-date immunization record or a public health division-approved exemption from the requirement.  A grace period of a maximum of 30 days will be granted for children in foster care or homeless children and youth;

                                                (f)            a record of any accidents, injuries or illnesses that require first aid or medical attention and any observations of recent bruises, bites or potential signs of abuse or neglect, both of which must be reported to a parent or guardian;

                                                (g)           written authorization from the child’s parent or guardian to remove a child from the premises to participate in off-site activities; authorization must contain fieldtrip destination, date and time of fieldtrip and expected return time from fieldtrip;

                                                (h)           written authorization from the child’s parent or guardian for the educator to apply sunscreen, insect repellent and, if applicable, diaper cream to the child;

                                                (i)            a record of the time the child arrived and left the home and dates of attendance initialed by a parent, guardian, or person authorized to pick up the child;

                                                (j)            an enrollment agreement must be signed by a parent or guardian with an outline of the services and the costs being provided by the home; and

                                                (k)           a signed acknowledgement that the parent or guardian has read and understands the parent handbook.

                                (2)           EMERGENCY INFORMATION:

                                                (a)           information on any allergies or medical conditions suffered by the child;

                                                (b)           the name and telephone number of two people to contact in the local area in an emergency when a parent or guardian cannot be reached;  emergency contact numbers must be kept up to date at all times.

                                                (c)           the name and telephone number of a physician or emergency medical center authorized by a parent or guardian to contact in case of illness or emergency;

                                                (d)           a document giving a home permission to transport the child in a medical emergency and an authorization for medical treatment signed by a parent or guardian; and

                                                (e)           if applicable, legal documentation regarding the child, including but not limited to: restraining orders, guardianship, powers of attorney, court orders, and custody by children’s protective services.

                E.            PERSONNEL RECORDS: A home will keep the following records on file and make them available to the licensing authority.

                                (1)           Documentation of a background check and employment history verification for all staff members and all adults living in the home.  If a background check is in process for a staff member, then documentation of the notice of provisional employment showing that it is in process must be placed in the file.  A background check must be conducted at least once every five years on all required individuals.

                                (2)           An annual signed statement that the staff member would or would not be disqualified as a direct provider of care under the most current version of the background checks and employment history verification provisions pursuant to 8.8.3 NMAC.

                                (3)           A record of the time the second educators arrived at and left work, to include breaks and lunch.

                                (4)           A written plan for ongoing professional development for each educator that is based on the seven areas of competency, consistent with the career lattice, and based on the individual’s goals. Family child care homes who do not have employees are exempted from this requirement.

                F.            PERSONNEL HANDBOOK: The educator will give each non-resident employee a personnel handbook that covers all matters relating to employment and includes the following critical contents:

                                (1)           job description of second educator;

                                (2)           benefits, if provided, including vacation days, sick leave, professional development days, health insurance, break times, etc.;

                                (3)           code of conduct;

                                (4)           training requirements, professional development opportunities;

                                (5)           procedures and criteria for performance evaluations;

                                (6)           policies on absence from work;

                                (7)           procedures for resignation or termination;

                                (8)           copy of licensing regulations;

                                (9)           policy on parent involvement;

                                (10)         health policies related to both children and staff;

                                (11)         policy on sexual harassment;

                                (12)         child guidance policy;

                                (13)         confidentially statement; and

                                (14)         plan for retention of qualified staff.

[8.16.2.32 NMAC - Rp, 8.16.2.32 NMAC, 10/1/16, A, 10/01/19]

 

8.16.2.40               LICENSURE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE:

                A.            LICENSING REQUIREMENTS:

                                (1)           APPLICATION FORM:  An applicant will complete an application form provided by the licensing authority and include payment for the non-refundable application fee.  Applications will be rejected unless all supporting documents are received within six months of the date indicated on the application.  A 45 day extension will be granted if the licensee provides documentation to the licensing authority that documents were submitted to the appropriate agencies in a timely manner but, through no fault of their own, they have not received responses from these agencies.

                                (2)           A program will submit a new application to the licensing authority before changing anything that is stated on the license such as dates, capacity, director, address, etc.

                                (3)           BACKGROUND CHECK: The licensing authority will provide a copy of the most current version of the department’s background check and employment history verification provisions (8.8.3 NMAC), regulations, fingerprint instructions, and forms for recording an employment history.  The licensee will be responsible for obtaining background checks on all staff members, educators, volunteers, and prospective staff members, educators, volunteers, any person who may have unsupervised physical access to children, and all adults residing in the home as per the requirements of the most current version of the department’s background check and employment history verification provisions.  All requirements of the current background check and employment history verification provisions pursuant to 8.8.3 NMAC must be met prior to the issuance of an initial license.  [A request for a background check must be submitted prior] 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 at least once every five years on all required individuals.

                                (4)           ZONING, BUILDING AND OTHER APPROVALS: An applicant will use the approvals provided to the schools and community centers as long as the approvals are current according to the applicable department’s requirements.  Acceptable documents will be provided to the licensing authority before licensure.  Otherwise, an applicant will have:

                                                (a)           current written zoning approval from the appropriate city, county or state authority;

                                                (b)           current written building approval, such as a certificate of occupancy, from the appropriate city, county or state authority;

                                                (c)           current written approval of the state fire marshal office or other appropriate city, county or state fire-prevention authority; and

                                                (d)           current written approval from the New Mexico environment department or other environmental health authority for:

                                                                (i)            a kitchen, if meals are prepared and served on site in the program;

                                                                (ii)           private water supply, if applicable;

                                                                (iii)         private waste or sewage disposal, if applicable; and,

                                                                (iv)          a swimming pool, if applicable.

                                (5)           ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES IN NEW FACILITIES:  Accessibility for individuals with disabilities is provided in all new facilities and will include the following.

                                                (a)           Main entry into the facility is level or has a ramp to allow for wheelchair access.

                                                (b)           Building layout allows for access to the main activity area.

                                                (c)           Access to at least one bathroom is required to have a door clearance of 32 inches.  The toilet unit also provides a 60-inch diameter turning radius.

                                                (d)           If ramps are provided to the building, the slope of each ramp is at least a 12-inch horizontal run for each inch of vertical rise.

                                                (e)           Ramps exceeding a six-inch rise are provided with handrails.

                                                (f)            Requirements contained herein are minimum and additional disability requirements may apply depending on the size and complexity of the facility.

                                (6)           SCHEDULE: All applications for a new license will include a description of the programs proposed activities and schedule.

                                (7)           INITIAL SURVEY: The licensing authority will schedule a survey for a program when it receives a complete application with all supporting documents.

                B.            CAPACITY OF A PROGRAM:

                                (1)           The number of children in a program, either in total or by age, will not exceed the capacity stated on the license.

                                (2)           The licensing authority will count all children in the care of the program even if the children are on a field trip or other outing outside the program site.

                                (3)           A program must meet the following space requirements:

                                                (a)           35 square feet of indoor activity space measured wall to wall on the inside for each child in a program, excluding single-use areas, such as restrooms, kitchens, and storage areas, and excluding offsets and built-in fixtures.

                                                (b)           A program must have an outdoor activity space.

                                (4)           The capacity of each room will be posted in an area of the room that is readily visible to parents, staff members and visitors.

                C.            INCIDENT REPORTING REQUIREMENTS:

                                (1)           The licensee will report to the appropriate authorities the following incidents.  After making a report to the appropriate authorities, the licensee shall notify the licensing authority of the incident giving rise to its report as soon as possible but no later than 24 hours after the incident occurred.  A report should first be made by telephone and followed with written notification.  The licensee shall report any incident that has threatened or could threaten the health and safety of children and staff members, such as, but not limited to:

                                                (a)           a lost or missing child;

                                                (b)           a serious injury;

                                                (c)           the abuse or neglect of a child;

                                                (d)           fire, flood, or other natural disaster that creates structural damages to a program or poses a health hazard;

                                                (e)           any of the illnesses on the current list of notifiable diseases and communicable diseases published by the office of epidemiology of the New Mexico department of health;

                                                (f)            any legal action against a program or staff members;

                                                (g)           any incident that could affect the background check eligibility of any cleared person related to this license;

                                                (h)           the use of physical or mechanical restraints, unless due to documented emergencies or medically documented necessity; or

                                                (i)            any known  change in an educator’s health condition or use of medication that impairs his or her ability to provide for the health, safety or welfare of children in care.

                                (2)           A program will notify parents and guardians in writing of any incident, including notifiable illnesses, that has threatened the health or safety of children in the program.  Incidents include, but are not limited to, those listed in Paragraph (1) of Subsection C of 8.16.2.40 NMAC.

                                (3)           Incident reports involving suspected child abuse and neglect must be reported immediately to children’s protective services and local law enforcement.  The licensing authority follows written protocols/procedures for the prioritization, tracking, investigation and reporting of incidents, as outlined in the complaint investigation protocol and procedures.

[8.16.2.40 NMAC - Rp, 8.16.2.40 NMAC, 10/1/16, A, 10/01/19]

 

8.16.2.41               ADMINISTRATIVE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE:

                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.

                B.            MISSION, PHILOSOPHY AND CURRICULUM STATEMENT:  All licensed facilities must have a:

                                (1)           mission statement;

                                (2)           philosophy statement; and

                                (3)           curriculum statement.

                C.            PARENT HANDBOOK: All facilities using these regulations must have a parent handbook which includes the following.

                                (1)           GENERAL INFORMATION:

                                                (a)           mission statement;

                                                (b)           philosophy statement;

                                                (c)           program information (location, license information, days and hours of operation, services offered);

                                                (d)           name of director and how he/she may be reached;

                                                (e)           meals, snacks and types of food served (or alternatively, guidelines for children bringing their own food);

                                                (f)            daily schedule;

                                                (g)           a statement supportive of family involvement that includes an open door policy to the classroom;

                                                (h)           appropriate dress for children, including request for extra change of clothes;

                                                (i)            celebrating holidays, birthdays and parties; and

                                                (j)            disclosure to parents that the licensee does not have liability or accident insurance coverage.

                                (2)           POLICIES AND PROCEDURES:

                                                (a)           enrollment procedures;

                                                (b)           disenrollment procedures;

                                                (c)           expulsion procedures;

                                                (d)           fee payment procedures, including penalties for tardiness;

                                                (e)           notification of absence;

                                                (f)            fee credits, if any (e.g. for vacations, absences, etc.);

                                                (g)           field trip policies;

                                                (h)           health policies (program’s policies on admitting sick children, when children can return after an illness, administering medication, and information on common illnesses);

                                                (i)            emergency procedures and safety policies;

                                                (j)            snow days and school closure;

                                                (k)           confidentiality policy;

                                                (l)            child abuse/neglect reporting procedure;

                                                (m)          guidance policy; and         

                                                (n)           emergency procedures, safety policies, and disaster preparedness plan.

                D.            CHILDREN’S RECORDS:  A program will maintain a complete record for each child, including drop-ins, to be completed before the child is admitted. Records will be kept at the program, unless otherwise indicated in the list below, for 12 months after the child’s last day of attendance. Records will contain at least:

                                (1)           PERSONAL INFORMATION:

                                                (a)           name of the child; date of birth, gender, home address, mailing address and telephone number;

                                                (b)           names of the parents or guardians, the parents or guardian’s current places of employment, addresses, and pager, cellular and work telephone numbers;

                                                (c)           a list of people authorized to pick up the child and an authorized form signed by parent or guardian; identification of person authorized by the parent or guardian to pick up the child shall be verified at pick up;

                                                (d)           date the child first attended the program and the date of the child’s last day at the program;

                                                (e)           a record of any accidents, injuries or illnesses that require first aid or medical attention and any observations of recent bruises, bites or signs of abuse or neglect, both of which must be reported to a parent or guardian; these records may be kept at a central location;

                                                (f)            written authorization from the child’s parent or guardian to remove a child from the premises to participate in off-site activities; authorization must contain fieldtrip destination, date and time of fieldtrip and expected return time from fieldtrip;

                                                (g)           a record of the time the child arrived and left the program and dates of attendance initialed by a parent, guardian, or person authorized to pick up the child; and

                                                (h)           an enrollment agreement;  this form will be signed by a parent or guardian with an outline of the services and the costs; these forms may be kept at a central location.

                                (2)           EMERGENCY INFORMATION:

                                                (a)           information on any allergies or medical conditions suffered by the child; the name and telephone number of two people in the local area to contact in an emergency when a parent or guardian cannot be reached; emergency contact numbers must be kept up to date at all times;

                                                (b)           the name and telephone number of a physician or emergency medical facility authorized by a parent or guardian to contact in case of illness or emergency;

                                                (c)           a document giving a program permission to transport the child in a medical emergency and an authorization for medical treatment signed by a parent or guardian;

                                                (d)           if applicable, legal documentation regarding the child, including but not limited to: restraining orders, guardianship, powers of attorney, court orders, and custody by children’s protective services.

                E.            PERSONNEL RECORDS:

                                (1)           A licensee will keep a complete file for each staff member, including substitutes and volunteers having direct contact with the children.  A program will keep the file for one year after the staff member’s last day of employment.  Unless otherwise indicated, a licensee may keep the items listed below in a central location.  Records will contain at least the following:

                                                (a)           name, address and telephone number;

                                                (b)           position;

                                                (c)           current and past duties and responsibilities;

                                                (d)           dates of hire and termination;

                                                (e)           documentation of a background check and employment history verification.  If a background check is in process, then documentation of the notice of provisional employment showing that it is in process must be placed in the file.  A background check must be conducted at least once every five years on all required individuals;

                                                (f)            an annual signed statement that the staff member would or would not be disqualified as a direct provider of care under the most current version of the background checks and employment history verification provisions pursuant to 8.8.3 NMAC;

                                                (g)           documentation of first-aid and cardiopulmonary resuscitation training;

                                                (h)           documentation of all appropriate training by date, time, hours and area of competency;

                                                (i)            emergency contact number;

                                                (j)            universal precaution acknowledgement; and

                                                (k)           a written plan for ongoing professional development for each staff member, including the director, that is based on the seven areas of competency, consistent with the career lattice, and based on the individual’s goals.

                                (2)           A program will maintain current work schedules and daily sign in sheets for the director, all staff, all educators, and volunteers and keep the records on file for at least 12 months.  The record will include the time the employee arrived at and left work and include breaks and lunch.

                F.            PERSONNEL HANDBOOK: The educator will give each employee a personnel handbook that covers all matters relating to employment and includes the following critical contents:

                                (1)           organizational chart;

                                (2)           job descriptions of all employees by title;

                                (3)           benefits, including vacation days, sick leave, professional development days, health insurance, break times, etc.;

                                (4)           code of conduct;

                                (5)           training requirements

                                (6)           procedures and criteria for performance evaluations;

                                (7)           policies on absence from work;

                                (8)           grievance procedures;

                                (9)           procedures for resignation or termination;

                                (10)         copy of licensing regulations;

                                (11)         policy on parent involvement;

                                (12)         health policies related to both children and staff;

                                (13)         policy on sexual harassment;

                                (14)         plan for retention of qualified staff; and

                                (15)         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, and continuity of operations (see waivers, Subsection D of 8.16.2.14 NMAC).  The plan shall be approved annually by the licensing authority and the department will provide guidance on developing these plans; and

                                (16)         policies and procedures for expulsion of children.  Policies and procedures shall include how the program will maintain a positive environment and will focus on preventing the expulsion of children age five.  The program must develop policies that include clear, appropriate, consistent expectations, and consequences to address disruptive student behaviors; and ensure fairness, equity, and continuous improvement.

[8.16.2.41 NMAC - Rp, 8.16.2.41 NMAC, 10/1/16, A, 10/01/19]