51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.16.2-8.16.2.23 PERSONNEL AND STAFFING REQUIREMENTS FOR CENTERS
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A. PERSONNEL AND STAFFING REQUIREMENTS: (1) An employer will not allow any employee involved in an incident which would disqualify that employee under the department's most current version of the background check and employment history verification provisions pursuant to 8.8.3 NM…
R.8.16.2-8.16.2.24 SERVICES AND CARE OF CHILDREN IN CENTERS
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A. GUIDANCE: (1) A center will have written policies and procedures clearly outlining guidance practices. Centers will give this information to all parents and staff who will sign a form to acknowledge that they have read and understand these policies and procedures. (2) Guidance…
R.8.16.2-8.16.2.25 FOOD SERVICE REQUIREMENTS FOR CENTERS
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A. MEAL PATTERN REQUIREMENTS: All foods prepared by the center will conform to the guidelines from United States department of agriculture's (USDA's) child and adult care food program (CACFP) for foods, meal patterns and serving sizes. B. MEALS AND SNACKS: (1) A center will provi…
R.8.16.2-8.16.2.26 HEALTH AND SAFETY REQUIREMENTS FOR CENTERS
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A. HYGIENE: (1) Children and staff members will wash their hands with soap and warm running water as needed. Water basins shall not be used as an alternative to running water. Staff and children will wash their hands whenever hands are contaminated with body fluids and always: (a…
R.8.16.2-8.16.2.27 ILLNESS REQUIREMENTS FOR CENTERS
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A. Children or staff members absent due to any notifiable disease will not return to the center without a signed statement from a physician. B. A center will separate and constantly observe a child who becomes sick at the center and promptly notify a parent or guardian of the chi…
R.8.16.2-8.16.2.28 TRANSPORTATION REQUIREMENTS FOR CENTERS
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A. When a center provides transportation to children, it is responsible for the care of children from the time of pick up to delivery to a responsible adult. All vehicles used for transportation of children will have an operable fully-charged fire extinguisher, first-aid kit, fir…
R.8.16.2-8.16.2.29 BUILDING, GROUNDS AND SAFETY REQUIREMENTS FOR CENTERS
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A. HOUSEKEEPING: (1) A center will keep the premises, including furniture, fixtures, floors, drinking fountains, toys and equipment clean, safe, and in good repair. The center and premises will be free of debris and potential hazards. (2) Materials dangerous to children must be s…
R.8.16.2-8.16.2.3 STATUTORY AUTHORITY
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The regulations set forth herein, which govern the licensing of facilities providing child care to children, have been promulgated by the secretary of the New Mexico children, youth and families department, by authority of the Children, Youth and Families Department Act, Section …
R.8.16.2-8.16.2.30 FAMILY CHILD CARE HOME AND GROUP CHILD CARE HOME REGULATIONS: APPLICABILITY
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A private dwelling required to be licensed under regulations in 8.16.2.31 NMAC through 8.16.2.38 NMAC which meets one of the following criteria. A. Family child care home - A private dwelling required to be licensed pursuant to these regulations which provides care, services, and…
R.8.16.2-8.16.2.31 LICENSURE REQUIREMENTS FOR HOMES
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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 mo…
R.8.16.2-8.16.2.32 ADMINISTRATIVE REQUIREMENTS FOR HOMES
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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 …
R.8.16.2-8.16.2.33 PERSONNEL AND STAFFING REQUIREMENTS FOR HOMES
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A. PERSONNEL AND STAFFING REQUIREMENTS: (1) A licensee will not allow any staff member, including the licensee, or any other adult living in the home involved in an incident which would disqualify that staff member or other adult under the department's most current version of the…
R.8.16.2-8.16.2.34 SERVICES AND CARE OF CHILDREN IN HOMES
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A. GUIDANCE: (1) A home will have written policies and procedures clearly outlining guidance practices. Care-givers will give this information to all parents and staff who will sign a form to acknowledge that they have read and understand these policies and procedures. (2) Guidan…
R.8.16.2-8.16.2.35 FOOD SERVICE REQUIREMENTS FOR HOMES
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A. MEAL PATTERN REQUIREMENTS: All foods prepared by the home will conform to the guidelines from United States department of agriculture's (USDA's) child and adult care food program (CACFP) for foods, meal patterns and serving sizes. B. MEALS AND SNACKS: (1) A home will provide a…
R.8.16.2-8.16.2.36 HEALTH AND SAFETY REQUIREMENTS FOR HOMES
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A. HYGIENE: (1) Children and staff members will wash their hands with soap and warm running water as needed. Water basins shall not be used as an alternative to running water. Staff and children will wash their hands whenever hands are contaminated with body fluids and always: (a…
R.8.16.2-8.16.2.37 TRANSPORTATION REQUIREMENTS FOR HOMES
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A. When a home provides transportation to children, it is responsible for the care of children from the time of pick up to delivery to a responsible adult. All vehicles used for transportation of children will have an operable, fully-charged fire extinguisher, first-aid kit, firs…
R.8.16.2-8.16.2.38 BUILDING, GROUND AND SAFETY REQUIREMENTS FOR HOMES
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A. HOUSEKEEPING: (1) An educator will keep the premises, including furniture, fixtures, toys and equipment clean, safe, and free of debris and potential hazards. (2) Materials dangerous to children must be secured in a manner making them inaccessible to children and away from foo…
R.8.16.2-8.16.2.39 REGULATIONS FOR PROGRAMS OFFERING ONLY OUT OF SCHOOL TIME CARE: APPLICABILITY
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A child care program required to be licensed under 8.16.2.40 NMAC through 8.16.2.47 NMAC of this regulation provides a variety of developmentally appropriate activities that are both educational and recreational at a specific site, usually a school, on a regular basis before or a…
R.8.16.2-8.16.2.4 DURATION
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Permanent.
R.8.16.2-8.16.2.40 LICENSURE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
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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 mo…
R.8.16.2-8.16.2.41 ADMINISTRATIVE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
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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) th…
R.8.16.2-8.16.2.42 PERSONNEL AND STAFFING REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
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A. PERSONNEL AND STAFFING REQUIREMENTS: (1) An employer will not allow any employee involved in an incident which would disqualify that employee under the department's most current version of the background check and employment history verification provisions pursuant to 8.8.3 NM…
R.8.16.2-8.16.2.43 SERVICES AND CARE OF CHILDREN IN OUT OF SCHOOL TIME CARE
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A. GUIDANCE: (1) A program will have written policies and procedures clearly outlining guidance practices. Facilities will give this information to all parents and staff who will sign a form to acknowledge that they have read and understand these policies and procedures. (2) Guid…
R.8.16.2-8.16.2.44 FOOD SERVICE REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
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A. MEAL PATTERN REQUIREMENTS: All foods prepared by the program will conform to the guidelines from United States department of agriculture's (USDA's) child and adult care food program (CACFP) for foods, meal patterns and serving sizes. B. MEALS AND SNACKS: (1) A program will pro…
R.8.16.2-8.16.2.45 HEALTH AND SAFETY REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
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A. HYGIENE: Children and staff members will wash their hands with soap and warm running water as needed. Water basins shall not be used as an alternative to running water. Staff and children will wash their hands whenever hands are contaminated with body fluids and always: (1) af…
R.8.16.2-8.16.2.46 TRANSPORTATION REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
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A. All vehicles used for transportation of children will have an operable, fully-charged fire extinguisher, first-aid kit, first-aid manual, water and blanket. B. A program will load and unload children at the curbside of the vehicle or in a protected parking area or driveway. Th…
R.8.16.2-8.16.2.47 BUILDING, GROUND AND SAFETY REQUIREMENTS FOR OUT OF SCHOOL TIME CARE
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A. HOUSEKEEPING: (1) A program will keep the premises, including furniture, fixtures, toys and equipment clean, safe, and free of debris and potential hazards. (2) Materials dangerous to children must be secured in a manner making them inaccessible to children and away from food …
R.8.16.2-8.16.2.5 EFFECTIVE DATE
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October 1, 2016, unless a later date is cited at the end of a section.
R.8.16.2-8.16.2.6 OBJECTIVE
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The objective of 8.16.2 NMAC is to establish standards and procedures for the licensing of facilities and educators who provide child care to children within New Mexico. These standards and procedures are intended to: establish minimum requirements for licensing facilities provid…
R.8.16.2-8.16.2.7 DEFINITIONS
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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 us…
R.8.16.2-8.16.2.8 RELATED REGULATIONS AND CODES
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Facilities subject to these regulations are also subject to the current versions of the following regulations and codes: A. New Mexico health department regulations, control of disease and conditions of public health significance, 7.4.3 NMAC. B. New Mexico health department regul…
R.8.16.2-8.16.2.9 APPLICATION
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These regulations apply to public or private facilities and homes that provide care, education, services, and supervision to children less than 24 hours of any day, come within the statutory definition of "health facilities" set out in Section 24-1-2(D) of the Public Health Act, …
R.8.16.3-8.16.3.1 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.10 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.11 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.12 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.13 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.2 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.3 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.4 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.5 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.6 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.7 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.8 [Repealed]
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(Reserved.)
R.8.16.3-8.16.3.9 [Repealed]
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(Reserved.)
R.8.17.2-8.17.2.1 ISSUING AGENCY
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Children, Youth and Families Department.
R.8.17.2-8.17.2.10 CAREGIVER REQUIREMENTS
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A. All child care primary caregivers who receive child care assistance reimbursements are required to be licensed or registered by the department and meet and maintain compliance with the appropriate licensing and registration regulations in order to receive payment for child car…
R.8.17.2-8.17.2.11 BACKGROUND CHECKS
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A. All background checks shall be conducted in accordance with the most current provisions of 8.8.3 NMAC governing background checks and employment history verification provisions as promulgated by the children, youth and families department. All non-licensed child care caregiver…
R.8.17.2-8.17.2.12 ANNUAL REGISTRATION
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An annual registration is issued for a one-year period to a child care home that has met all requirements of these regulations. A. Primary caregivers must renew registration annually, and only after receiving an onsite inspection by CYFD, by submitting a registration application …
R.8.17.2-8.17.2.13 VISITS BY THE SPONSORING AGENCY AND REGISTERED AUTHORITY
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Caregivers will grant the registered authority representative the right to enter the premises and, conduct visits, including unannounced and complaint investigations when child care children are present and during the caregiver's stated normal hours of operation. A. The registere…