NOTICE OF
RULEMAKING AND PUBLIC RULE HEARING
The
New Mexico Children, Youth and Families Department hereby gives notice as
required under Section 14-4-5.2 NMSA 1978 and 1.24.25.11 NMAC that it proposes
to adopt amendments to the following rules regarding CHILD CARE LICENSING -
CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND
OTHER EARLY CARE AND EDUCATION PROGRAMS as authorized by Section 9-2A-7 NMSA
1978:
8.16.2.7 NMAC - DEFINITIONS
8.16.2.19 NMAC - BACKGROUND CHECKS
8.16.2.21 NMAC - LICENSURE REQUIREMENTS FOR CENTERS
8.16.2.22 NMAC - ADMINISTRATIVE REQUIREMENTS FOR
CENTERS
8.16.2.31 NMAC - LICENSURE REQUIREMENTS FOR HOMES
8.16.2.32 NMAC - ADMINISTRATIVE REQUIREMENTS FOR HOMES
8.16.2.40 NMAC - LICENSURE REQUIREMENTS FOR OUT OF
SCHOOL TIME CARE
8.16.2.41 NMAC - ADMINISTRATIVE REQUIREMENTS FOR OUT OF
SCHOOL TIME CARE
No
technical scientific information was consulted in drafting these proposed
rules.
Purpose of proposed rules:
The purpose of the rules is to amend the background check requirements
to add language to incorporate a two-step clearance process for staff
members. A notice of provisional employment
or background check eligibility will be required prior to commencing employment
and will include a timeline for issuance of the notice. These amendments are to comply with federal
requirements. In addition, language will
be included requiring policies and procedures ensuring that a registered sex
offender does not have access to the facility where children are present and
requiring household members reaching the age of 18 to submit their background
check within 30 days after their eighteenth birthday.
Copies
of the proposed rules may be found at CYFD’s website at https://www.newmexicokids.org/ or may be obtained from 1120 Paseo De
Peralta, Santa Fe, New Mexico, 30 days prior to the Public Hearing.
Notice of public rule hearing:
The public rule hearing will be held on Thursday, August 29, 2019 at
10:00 a.m. in Apodaca Hall, 1120 Paseo de Peralta, Santa Fe, New Mexico
87502. The public hearing will be
conducted in a fair and equitable manner by a CYFD agency representative or hearing
officer and shall be recorded. Any
interested member of the public may attend the hearing and will be provided a
reasonable opportunity to offer public comment, either orally or in writing,
including presentation of data, views, or arguments, on the proposed rules
during the hearing. Individuals with
disabilities who need any form of auxiliary aid to attend or participate in the
public hearing are asked to contact Debra Gonzales at
debra.gonzales@state.nm.us. CYFD will
make every effort to accommodate all reasonable requests, but cannot guarantee
accommodation of a request that is not received at least 10 calendar days
before the scheduled hearing.
Notice of acceptance of written public
comment: Written public comment, including
presentation of data, views, or arguments about the proposed rules, from any
interested member of the public, may also be submitted via email to CYFD - ECS
- PublicComment@state.nm.us with the subject line “8.16.2 NMAC Public Comment,”
or via first class mail to, or by hand delivery to Kimberly Brown, Child Care Services
Bureau, Children, Youth and Families Department, P.O. Drawer 5160, Santa Fe,
New Mexico 87502 - 5160. The comment
period ends at the conclusion of the public hearing on August 29, 2019.
AVISO DE PROMULGACION
DE LEYES ADMINISTRATIVAS Y AUDIENCIA PÚBLICA
El Departamento de Niños, Jóvenes y Familias de Nuevo
México por este medio da aviso como se requiere en la Sección 14-4-5.2 NMSA
1978 y 1.24.25.11 NMAC que propone adoptar enmiendas a las siguientes leyes
administrativas con respecto a LICENCIATURA DE CUIDADO DE NIÑOS - CENTROS DE
CUIDADO DE NIÑOS, PROGRAMAS DE TIEMPO FUERA DE LA ESCUELA, CASAS FAMILIARES DE
CUIDADO DE NIÑOS, Y OTROS PROGRAMAS EDUCATIVOS DE PRIMERA INFANCIA según lo
autorizado por la sección 9-2A-7 NMSA 1978:
8.16.2.7 NMAC - DEFINICIONES
8.16.2.19 NMAC - COMPROBACIÓN DE ANTECEDENTES Y HUELLAS
8.16.2.21 NMAC -
REQUISITOS DE LICENCIATURA PARA CENTROS DE CUIDADO DE NIÑOS
8.16.2.22 NMAC -
REQUISITOS ADMINISTRATIVOS PARA CENTROS DE CUIDADO DE NIÑOS
8.16.2.31 NMAC -
REQUISITOS DE LICENCIATURA PARA CASAS FAMILIARES
DE CUIDADO DE
NIÑOS
8.16.2.32 NMAC -
REQUISITOS ADMINISTRATIVOS PARA CASAS FAMILIARES DE CUIDADO DE
NIÑOS
8.16.2.40 NMAC - REQUISITOS DE LICENCIATURA PARA PROGRAMAS DE TIEMPO FUERA DE LA
ESCUELA
8.16.2.41 NMAC -
REQUISITOS ADMINISTRATIVOS PARA PROGRAMAS DE TIEMPO FUERA DE LA
ESCUELA
No se consultó información científica o técnica cuando
se redactaron las propuestas leyes administrativas.
Propósito de las propuestas leyes administrativas: El propósito de las leyes administrativas es
enmendar los requisitos para comprobación de antecedentes y huellas añadiendo lenguaje
para incorporar un proceso de dos pasos de autorización para proveedores. Un aviso de empleo provisional (o comprobación de antecedentes y huellas elegibles
aprobadas) será requerido antes de empezar empleo e incluirá un
cronograma cuando el aviso será emitido.
Estas enmiendas tienen que estar conformes con los requerimientos
federales . Adicionalmente, lenguaje será incluido requiriendo pólizas y
procesos que aseguren que un delincuente sexual registrado no tenga acceso a
una casa donde niños estén presentes y requiriendo que miembros del hogar a
punto de cumplir los 18 años de edad tienen que proporcionar su comprobación de antecedentes y huellas dentro de 30 días
de haber cumplido su decimoctavo cumpleaños.
Copias de las propuestas leyes administrativas pueden
ser localizadas en el sitio de la red de CYFD @https://www.newmexicokids.org/ o se pueden obtener en: 1120 Paseo De Peralta, Santa Fe, New México,
30 días antes de la Audiencia Pública.
Aviso de Audiencia Pública de leyes administrativas: La audiencia
pública de leyes administrativas será el jueves,29 de agosto,2019 a las 10:00 a.m.
en 1120 Paseo de Peralta, Santa Fe, Nuevo México 87502, en la sala Apodaca
Hall. La audiencia pública se llevará a
cabo de manera justa y equitativa por un representante de la agencia de CYFD o
el funcionario de audiencias y será grabada.
Cualquier miembro del público interesado en asistir la audiencia tendrá
un una oportunidad razonable para ofrecer comentarios al público, oralmente o
por escrito, incluso una presentación de datos, puntos de vista s o argumentos,
sobre las propuestas. Personas con discapacidades
que necesiten cualquier forma de asistencia auxiliar para asistir o participar
en la audiencia pública deben comunicarse con Debra Gonzales, debra.gonzales@state.nm.us. CYFD hará
todos los esfuerzos posibles para acomodar todas solicitudes razonables, pero
no puede garantizar acomodar solicitudes que no sean recibas por lo menos diez
días antes de la fecha programada para la audiencia.
Aviso de aceptación de comentario público por escrito: Comentarios
públicos por escritos, incluso presentaciones de datos, puntos de vista o
argumentos de cualquier miembro del público interesado, sobre las propuestas
leyes administrativas, pueden ser enviados a través de correo electrónico a: CYFD-ECS-PublicComment@state.nm.us,
especificando en la línea de Asunto: “8.17.2 NMAC Public
Comment,” o por correo de primera clase a Child Care Services
Bureau, Children, Youth and
Families Department, P.O. Drawer 5160, Santa Fe, New Mexico
87502-5160, o se pueden entregar en mano a:
Kimberly Brown. El período de
comentarios termina a la conclusión de la audiencia pública del 29 de agosto de
2019.
Proposed Rules/Reglas Propuestas
8.16.2.7 DEFINITIONS:
***
F. “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, Subsection [TTT] UUU, 8.16.2.7 NMAC).
***
RR. “Notice of provisional employment”
means a written notice issued to a child care center or home applicant
indicating the BCU 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.
[RR.] SS. “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.
[SS.] TT. “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.
[TT.] UU. “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.
[UU.] VV. “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.
[VV.] WW. “Pest” means any living organism declared a pest
pursuant to the Pesticide Control Act.
[WW.] XX. “Pesticide” means any chemical substance or mixture of
substances intended for preventing, destroying, repelling or mitigating any
pest.
[XX.] YY. "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.
[YY.] ZZ. “Policy” is a written directive that guides
decision-making. Policies form the basis for authoritative action.
[ZZ.] AAA. “Premises”
means all parts of the buildings, grounds, and equipment of a child care
facility licensed pursuant to these regulations.
[AAA.] BBB. “Procedure” is a series of steps to be followed,
usually in a specific order, to implement policies.
[BBB.] CCC. “Professional development” is an on-going plan for
continued professional development for each educator, including the director.
[CCC.] DDD. “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.
[DDD.] EEE. “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.
[EEE.] FFF. “Ratio”
is the maximum number of children one educator can be responsible for.
[FFF.] GGG. “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.
[GGG.] HHH. “Restriction” means to control enrollment, service
type, capacity, activities, or hours of operation.
[HHH.] III. “Revocation” means the act of making a license null
and void through its cancellation.
[III.] JJJ. “Sanction” means a measure imposed by the licensing
authority for a violation(s) of these standards.
[JJJ.] KKK. “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.
[KKK.] LLL. “Serious injury” means the death of a child or
accident, illness, or injury that requires treatment by a medical professional
or hospitalization.
[LLL.] MMM. “School-age” means a child in care who is age five to
18 years.
[MMM.] NNN. “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.
[NNN.] OOO. “Staff member”
means any person, including educators, who are employed by the licensee and who
are present at any time when children are present.
[OOO.] PPP. “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.
[PPP.] QQQ. “Suspension”
means a temporary cancellation of a license pending an appeal hearing or
correction of deficiencies.
[QQQ.] RRR. “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.
[RRR.] SSS. “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.
[SSS.] TTT. “Substantiated
complaint” means a complaint determined to be factual, based on an
investigation of events.
[TTT.] UUU. “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.
[UUU.] VVV. “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.
[VVV.] WWW. “Toddler”
means a child age 12 months to 24 months.
[WWW.] XXX. “U/L”
means the underwriters laboratory, which is a standards organization which
tests electrical and gas appliances for safety.
[XXX.] YYY. “Unattended”
means an educator is not physically present with a child or children under
care.
[YYY.] ZZZ. “Unsubstantiated complaint”
means a complaint not determined to be factual based on an investigation of
events.
[ZZZ.] AAAA. “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.
[AAAA.] BBBB. “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.
[BBBB.] CCCC. “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.
8.16.2.19 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.
8.16.2.21 LICENSURE REQUIREMENTS FOR
CENTERS:
A. LICENSING
REQUIREMENTS:
***
(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.
8.16.2.22 ADMINISTRATIVE REQUIREMENTS FOR
CENTERS:
***
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 ensuring that a registered sex offender does not have access to
the facility where children are present;
[(3)]
(4) 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)]
(5) policies and procedures for the handling of medications;
[(5)]
(6) policies and procedures for the handling of complaints received
from parents or any other person;
[(6)]
(7) policies and procedures for actions to be taken in case a child is
found missing from the center;
[(7)]
(8) policies and procedures for the handling of children who are ill;
and
[(8)]
(9) 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) policies
and procedures ensuring that a registered sex offender does not have access to
the home where children are present; and
[(m)](n) 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[;]. The director must check the persons
authorized to pick up the child(ren), to include
parents and guardians, through the New Mexico Department of Public Safety Sex
Offender Registry and the United States Department of Justice Sex Offender
Registry and keep this documentation in the child’s file;
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;
8.16.2.31 LICENSURE
REQUIREMENTS FOR HOMES:
A. LICENSING
REQUIREMENTS;
***
(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.
8.16.2.32 ADMINISTRATIVE REQUIREMENTS FOR HOMES:
***
C. PARENT HANDBOOK: All facilities using these regulations must
have a parent handbook which includes the following:
***
(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) policies
and procedures ensuring that a registered sex offender does not have access to
the home where children are present; and
[(m)](n) 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[;]. The licensee must check the persons
authorized to pick up the child(ren), to include
parents and guardians, through the New Mexico Department of Public Safety Sex
Offender Registry and the United States Department of Justice Sex Offender
Registry and keep this documentation in the child’s file.
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.
8.16.2.40 LICENSURE
REQUIREMENTS FOR OUT OF SCHOOL TIME CARE:
A. LICENSING
REQUIREMENTS:
***
(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.
8.16.2.41 ADMINISTRATIVE
REQUIREMENTS FOR OUT OF SCHOOL TIME CARE:
***
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) policies
and procedures ensuring that a registered sex offender does not have access to
the facility where children are present;
[(m)](n) guidance policy; and
[(n)](o) 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[;]. The director must check the persons
authorized to pick up the child(ren), to include
parents and guardians, through the New Mexico Department of Public Safety Sex
Offender Registry and the United States Department of Justice Sex Offender
Registry and keep this documentation in the child’s file.
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;