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]