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

Sections 24-1-3, 24-1-5 and 9-7-6 NMSA 1978.

A. Governing Body: Each facility licensed pursuant to these regulations shall have a governing body. The governing body shall: (1) Have ultimate authority for the overall operation of the facility program and is responsible for ensuring a facility's continual compliance and confo…

A. A facility licensed pursuant to these regulations must have a written plan for the orientation, ongoing staff development, supervision and evaluation of all staff members. (1) A facility licensed pursuant to these regulations must document that direct service staff members hav…

The following direct services staff/child ratios must be maintained: A. For children under the age of six (6) years at least one (1) direct service staff for every six (6) children or fraction thereof. B. For children over the age of six (6) years at least one (1) direct service …

Children must be supervised at all times. In addition: A. During the sleeping hours of children, a staff member must be immediately available to respond to their needs. B. The facility must have at least one staff member on call to cover for any staff member on duty in case of il…

A. Each facility licensed pursuant to these regulations must maintain a complete record on file for each staff member or volunteer. Staff records are made available for review upon request of the Licensing Authority. Staff records contain at a minimum the following:(1) Name; (2) …

All facilities licensed pursuant to these regulations must have written policies and procedures for the following: A. Reporting of suspected child abuse, neglect or exploitation, pursuant to these regulations. B. Actions to be taken in case of accidents or emergencies involving a…

A. Criminal Record Checks pursuant to 32A-15-3 NMSA 1978(1) The agency conducts appropriate, legally permissible and mandated State and federal criminal records inquiries into the background of agency personnel, including employees and volunteers, and prospective employees and vo…

A. Facilities providing services to children 12 years of age and younger will have an outdoor play area, meeting the following requirements: (1) The play area should be provided with equipment appropriate to the age level of the children. (2) A play area located adjacent to a pub…

A facility will provide a designated room or area to allow private discussions and counseling sessions, as appropriate, between individual children, families, staff and others as appropriate.

Each facility licensed pursuant to these regulations ensures that every child in residence attend(s) an appropriate education program in accordance with New Mexico State law.

Permanent.

Each facility licensed pursuant to these regulations, which transports children as part of their program activities, meets the following requirements: A. Any vehicle used for transporting children must carry vehicle liability insurance. The amount of coverage may not to be less t…

A. Every child in the facility must be immunized according to the immunization schedule of the New Mexico Health Department, Public Health Division. B. When an immunization record cannot be obtained for the child at the time of admission or within 30 days after admission, the fac…

A. A current list of notifiable diseases must be posted in each facility. B. While in a facility, any child who becomes ill from a suspected notifiable disease, as defined by the New Mexico Department of Health is immediately referred to a physician or medical facility. C. Each f…

A. The facility must have written procedures, approved by a physician, pharmacist or nurse regarding how staff should administer over-the-counter medications to children in care. Other than over-the-counter medications, a facility does not acquire, store or dispense medications. …

A. Each child's room must be provided with, but not limited to the following: (1) A bed as defined in 7.8.3.44 of these regulations; (2) A dresser or other adequate storage space for private use; (3) An individual closet or closet areas with a clothes rack and a shelves accessibl…

A facility licensed pursuant to these regulations who cares for children under age two (2) must meet the following requirements: A. Toilet training equipment must be kept clean and in a sanitary condition. B. Staff members must wear non-porous single-use gloves and wash their han…

A. The following minimum requirements for beds must be met by a facility licensed pursuant to these regulations: (1) Children's beds are at least 30 inches wide, of sturdy construction and in good repair. (2) If bunk beds are used, the vertical distance between the mattresses is …

Rooms for living or multi-purpose use are to be provided with reading lamps, tables, chairs, or couches. The furnishings must be well constructed, comfortable and kept in good repair.

A dining area is to be provided for meals. A. Tables and chairs for the dining area shall accommodate the number of children for whom the facility is licensed and will be appropriate to the age of the clients served. B. The living and/or multi purpose room may be used as a dining…

A. The facility provides laundry services to the children either on the premises or by use of a commercial laundry or linen service. The following are minimum requirements for clean linen: (1) The sheets and pillow case are changed at least one time per week and/or when there is …

May 15, 2001.

A. Each child shall have his or her own clothing which is clean, neat, in good repair and appropriate to the season. B. If necessary, children's clothing may be inconspicuously marked with his or her name. C. The use of a common clothing pool is strictly prohibited.

A. A facility will allow a child in care to bring his or her personal belongings to the facility and to acquire belongings of their own while living in the facility. B. The facility may, within reason, and because of the child's program, limit or supervise the use of these items …

A. Pets are permitted and encouraged in a facility licensed pursuant to these regulations for the enjoyment of the children. B. Pets are not permitted to eat or sleep in the kitchen or food preparation areas. C. Pets are inoculated as required by state or local law and records of…

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 meets the requirements of all state and local regulations governing food service, posts inspection reports in a conspicuous place and maintains a file of any deficiencies noted in an inspection. B. Each facility has a copy of the current applicable Food Service R…

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 must be maintained …

A. The facility must be 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 must be cleaned daily. C. Floors and walls shall be constructed…

A. Establish minimum standards for licensing of residential facilities that provide services in order to promote the health, safety and welfare of children in need of such services. B. Provide for monitoring of facility compliance with these regulations through surveys to identif…

A. A facility licensed pursuant to these regulations shall 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 into a municipal sewage system where such facilities are available. B. Where a municipal sewage system is not available, the system in use is inspected and approved by the New Mexico Environment Department or recognized local autho…

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…

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…

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…

For the purpose of these regulations, the following apply: A. ABUSE means any act or failure to act, performed intentionally, knowingly or negligently that causes or is likely to cause harm to a client as defined in 32A-4-2 NMSA 1978. B. ACTION PLAN means a written document submi…

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. 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…