Part 3. REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN, version 6 (§ 7.8.3.1 to 7.8.3.127)

Children, Youth and Families Department

A. Children's Crisis Shelter: Any facility which provides short term (usually less than 90 days) emergency living accommodations to children in a crisis situation such as abandonment, abuse, neglect or runaway. A Children's Crisis Shelter provides services on a twenty-four hour a…

Each child is provided with his/her own clearly identified toothbrush, comb, hair brush and other items for personal hygiene.

A. A facility licensed pursuant to these regulations arranges for a general medical examination by a physician for each child in care within 90 calendar days of admission unless the child has received such an examination within 12 months before admission and the results of the ex…

A. Each facility licensed pursuant to these regulations provides to the children a planned, nutritionally adequate diet. B. When the food service of the facility is not directed by a nutritionist or dietitian, regular, planned consultation with a nutritionist or dietitian is obta…

A. Each facility must meet the requirements of all state and local regulations governing food service, post a copy of the required permit in a conspicuous place and maintain a file of any deficiencies noted in an inspection report. B. Each facility has a copy of the current appli…

A. All facilities licensed pursuant to these regulations are accessible to, and usable by, disabled employees, staff, visitors, and clients. B. Trailers and mobile homes are not used for living or activity areas for children. C. In the design or selection of a building, attention…

A. Facilities must maintain the building(s) and grounds in good repair at all times. Such maintenance includes, but is not limited to, the following:(1) All electrical, signaling, mechanical, water supply, heating, fire protection, and sewage disposal systems are maintained in a …

A. The facility is kept free from offensive odors and accumulations of dirt, rubbish, dust, and safety hazards. B. Children's rooms, examination rooms, meeting rooms, waiting rooms and other areas of daily usage are cleaned daily. C. Floors and walls are constructed of a finish t…

A. A facility licensed pursuant to these regulations must be provided with an adequate supply of water which is of a safe and sanitary quality suitable for domestic use. B. If the water supply is not obtained from an approved public system, the private water system is inspected, …

A. All sewage and liquid wastes must be disposed of into a municipal sewage system where such facilities are available. B. Where a municipal sewage system is not available, the system used is inspected and approved by the New Mexico Environment Department or recognized local auth…

A. All current applicable requirements of State and local codes for fire prevention and safety must be met by the facility. The facility maintains a copy of all applicable inspection reports and certifications. B. Each facility requests from the fire authority having jurisdiction…

To apply for a license for a facility pursuant to these regulations the following procedures must be followed by the applicant. A. These regulations must be used as a reference for design of a new building, renovation or addition to an existing building. B. The applicant of the p…

A. All staff of the facility knows the location of, and is instructed in, proper use of fire extinguishers procedures to be observed in case of fire or other emergency. The facility requests the fire authority having jurisdiction to give periodic instruction in fire prevention an…

A. A manually-operated, electrically monitored fire alarm system must be installed in each facility as required by the National Fire Protection Association 101 (Life Safety Code or Uniform Building Code). Multiple-story facilities require manual alarm systems. B. The facility mus…

A. The facility must ensure that lighting is sufficient to make all parts of each of the following areas clearly visible: (1) All spaces occupied by children and staff, machinery, or equipment within buildings, approaches to buildings, and parking lots; (2) All storerooms, stairw…

A. A facility must provide emergency lighting which activates automatically upon disruption of electrical service. B. The emergency lighting must be sufficient to illuminate paths of entrance and egress to the facility.

A. Each facility and each floor of a facility must have exits as required/permitted by the National Fire Protection Association 101 (Life Safety Code) or Uniform Building Code. B. Each facility must have at least two approved exits, remote from each other. C. Each exit must be cl…

A. All electrical installation and equipment must comply with all current state and local codes. B. Circuit breakers or fused switches that provide electrical disconnection and over current protection must be: (1) Enclosed or guarded to provide a dead front assembly; (2) Readily …

A. Electrical cords and extension cords must be U/L approved. B. Electrical cords and extension cords must be replaced as soon as they show wear. C. Under no circumstances may extension cords be used as a general wiring method, or used in a series. D. Extension cords must be plug…

A. Heating, air-conditioning, piping, boilers, and ventilation equipment must be furnished, installed and maintained to meet all requirements of current state and local mechanical, electrical, and construction codes. B. The heating method used by the facility has a minimum of 68 …

A. Fuel-fired hot water heaters must be enclosed and separated from other parts of the building by construction as required by current state and local building codes. Any inspection report or certificate is maintained by the facility. B. All water heaters must be equipped with a …

A. All fixture and plumbing must be installed in accordance with current state and local plumbing codes. B. All toilets must be enclosed and vented. C. All toilet rooms must be provided with a lavatory for hand washing. D. All toilet rooms must be kept supplied with toilet paper.…

A. Annual License: The Licensing Authority may, at its sole discretion, issue a license for up to one year to a facility which is determined to be in substantial compliance with these regulations. B. Temporary License: The Licensing Authority at its sole discretion may issue a Te…

A. Corridors in each facility must have a minimum width of 36 inches. B. Corridors in newly constructed facilities must have a minimum width of 44 inches. C. Corridors must have a clear ceiling height of not less than 7 feet measured from the lowest projection of the ceiling. D. …

A. All exit doors must have a minimum width of 36 inches. B. All sleeping room doors must have at least one and three quarter inches bonded solid core, with a minimum width of 32 inches. C. All doors to toilet and bathing facilities must have a minimum width of 24 inches. D. Lock…

A. All habitable rooms in a facility must have a ceiling height of not less than seven feet, six inches. B. Kitchens, halls, bathrooms and toilet compartments must have a ceiling height of not less than seven feet. C. All habitable rooms other than a kitchen must not be less than…

A. Children's sleeping rooms and activity rooms must have a window area of at least one-tenth the floor area with the minimum allowed total being 10 square feet. B. Sleeping rooms must provide at least one window for egress or rescue with a minimum net clear opening of 5.7 square…

A. Each child's room must be an outside room. B. There must be no through traffic through children's rooms. C. Single rooms must have at least 80 square feet of floor area. Closet and locker areas are not counted as part of the floor area. D. Not more than four children over the …

A. Floor material must be readily cleanable and wear resistant. B. In all areas subject to wet cleaning, floor materials must not be physically degradable by liquid germicidal or cleaning solution. C. Floors subject to traffic while wet must have a slip resistant surface. D. Wall…

A. Accessibility to the disabled must be provided in all new facilities and includes, at a minimum, the following: B. Main entry into the facility must be level or incorporate a ramp to allow for wheelchair access. C. Building layout must allow for access to main living area and …

Any facility licensed pursuant to these regulations that uses a seclusion room in its program must complies with all of the following: A. The room must have no less than 80 square feet of floor area. B. The door must be of substantial construction either one and three-quarter inc…

A. The Licensee submits a renewal application on the forms obtained from the Licensing Authority, along with the required fee, at least 30 days prior to the expiration of the current license. B. Upon receipt of the renewal application and required fee, and prior to the expiration…

The facility's license is posted on the licensed premises in an area visible to the public.

A. A license is nontransferable to other persons or locations. B. The license is null and void and is returned to the Licensing Authority when any one of the following situations occur:(1) Ownership of the facility changes. (2) The facility changes location. (3) The licensee of t…

A license automatically expires at midnight on: A. The day indicated on the license as the expiration date, unless renewed, suspended, or revoked; or: B. The day a facility discontinues or suspends operation; or C. The day a facility is sold, leased, or otherwise changes ownershi…

In accordance with Section 24-1.5 (H) NMSA 1978, if immediate action is required to protect human health and safety, the Licensing Authority may immediately suspend or revoke a license or impose emergency sanctions pending a hearing, provided such hearing is held within five work…

A license may be revoked or suspended, an initial or renewal application for license may be denied, or sanctions may be imposed after notice and opportunity for a hearing, for any of the following: A. Failure to comply with any provision(s) of these regulations. B. Failure to all…

A. Appeals of any sanction except "Revocation or Suspension of a License or Imposition of Emergency Sanction(s) Without Prior Hearing" as outlined above, are made in writing to the Licensing Authority within 10 business days of receipt of the official notice of revocation, suspen…

All Children's Crisis Shelters, Multi Service Homes, Community Homes, and New or Innovative programs that provide children's services as specified in these regulations. Community Homes licensed under these regulations are subject only to Sections 7.8.3.1 through 7.8.3.5; Sections…

Any facility currently licensed on the date these regulations are promulgated and which provides the services prescribed under these regulations, but which fails to meet all building requirements, may, at the discretion of the Licensing Authority, continue to be licensed as a chi…

A. If a facility is opened in an existing building, a variance may be granted for those building requirements the facility cannot meet under the same criteria outlined in these regulations and if not in conflict with existing building and fire codes. Such a variance is granted at…

A. A survey by the Licensing Authority is conducted at a minimum once per year in each facility licensed pursuant to these regulations. Additional surveys or on-site visits may be made to provide the facility with technical assistance, and/or to assess and monitor progress with c…

A. Submission of complaints: Complaints regarding any facility licensed pursuant to these regulations are submitted to the Licensing Authority. B. The Licensing Authority will process any complaint regarding any facility licensed or required to be licensed under these regulations…

The capacity of a facility licensed pursuant to these regulations is determined by the following: A. All facilities, except Children's Crisis Shelters, are limited to a total capacity of 16 children in a single residential building. B. By square footage of children's sleeping roo…

All facilities licensed pursuant to these regulations must report immediately by phone and follow-up in writing to the Licensing Authority within 24 hours, any serious incident or unusual occurrence which has, or could threaten the health, safety, or welfare of the clients or sta…

A. Each facility licensed pursuant to these regulations maintains the following reports and records on file and makes them available for review upon request by the Licensing Authority: (1) A copy of the current Residential Shelter Care Regulations; (2) A copy of the latest fire i…

A. Each facility has written rules which are age appropriate and clear and understandable to the children in care. The rules include but are not limited to the following: (1) The use of tobacco or alcohol; (2) The use of the telephone; (3) Visitors and visiting hours; (4) Daily r…

All facilities licensed pursuant to these regulations must support, protect, and enhance the rights of children. A. A facility must not make discriminatory distinction or refuse admission and services to any child based solely on consideration of race, religion, color, national o…

Prior to admission to a facility, the licensee or authorized representative and the child's parent/s or guardian, shall sign a written admission agreement. The facility shall keep the original agreement in the child's records and a copy must be provided to the child's parents or …