New Mexico Administrative Code

Early Childhood Education and Care Department ("ECECD").

A. Clients apply for child care assistance benefits by presenting the following documents to establish eligibility:(1) a completed signed application form; (2) documentation of current countable earned and unearned income as listed below and defined in Paragraph (5) of Subsection…

Clients are eligible for child care assistance benefits upon meeting the requirements for eligibility as determined by the department and federal regulation. A. Child care staff will initiate communication at the initial determination of their eligibility period to provide outrea…

Clients must recertify for services at the end of their eligibility period by complying with all requirements of initial certification. Clients who recertify will qualify at or below two hundred and fifty percent of the federal poverty level. Clients above two hundred and fifty p…

Clients must abide by the regulations set forth by the department and utilize child care assistance benefits only while they are working, seeking employment, attending school or participating in a training or educational program. A. Copayments: Copayments are paid by all clients …

A. A case may be suspended at the request of the client if child care benefits are not being utilized with payment being discontinued to the provider. The client will remain eligible for child care assistance through the remainder of their eligibility period. B. If the client exp…

Child care providers mustabide by all department regulations. Child care provided for recreational or other purposes, or at times other than those outlined in the child care placement agreement, are paid for by the client. A. All child care providers who receive child care assist…

A. The department pays child care providers who provide child care services to department clients in a timely manner. B. Child care assistance workers perform all casework functions in a timely manner, including the processing of payments and notifications of case actions. C. Chi…

The department pays child care providers on a monthly basis, according to standard practice for the child care industry. Payment is based upon the child's enrollment with the provider as reflected in the child care placement agreement, rather than daily attendance. As a result, m…

If a client or provider is underpaid for child care services, the department may issue a one-time payment within 15 calendar days of the department's knowledge or receipt of notification. Notification of the department by the client or provider must occur within three months of t…

If a provider receives payment for services for which he/she is not entitled, or a client receives benefits on behalf of their child for which he/she is not entitled, and this results in an overpayment, the child care worker will initiate recoupment procedures unless the early ch…

This policy applies to all clients seeking child care assistance benefits, all child care providers who provide services to clients qualifying for assistance benefits, and employees of the department who determine eligibility for child care assistance benefits. (See 8.9.3.8 NMAC …

The purposeful misrepresentation of facts relating to eligibility for benefits, or knowingly omitting information that affects eligibility is fraud and appropriate sanctions, including recoupment, termination of benefits, and referral to law enforcement, are initiated by the depa…

Sanctions may be imposed according to the severity of the infraction as determined by the department as detailed below. A. Providers or clients who fail to make timely payments in the case of recoupment of overpayments may be referred to a collection agency. B. The department may…

Clients who have been denied benefits, whose benefits have been reduced, terminated, or who have been sanctioned or disqualified from the program, or providers who have been sanctioned, disqualified from the program, had assistance payments suspended or terminated, or from whom a…

Clients or providers who are dissatisfied with the services provided by the department may express their complaints orally or in writing to the local field office, the central office, the director's office or the office of the department secretary. The department's toll free numb…

The department will develop and publish an annual schedule based on the federal poverty guidelines.

Client files are established and maintained solely for use in the administration of the child care assistance program. Information contained in the records is confidential and is released only in the following limited circumstances: A. to the client upon request; B. to an individ…

Subsection E of Section 9-29-6 NMSA 1978; Section 7-9-77.2 NMSA 1978.

Permanent

November 1, 2022, unless a later date is cited at the end of section.

A. To establish standards and procedures for the provision of child care assistance benefits to eligible clients and to establish the rights and responsibilities of child care providers who receive payment for providing child care services to clients receiving benefits. To establ…

A. Terms beginning with the letter "A": (1) "Attending a job training or educational program" means actively participating in an in-person or online job training or educational program. (2) "At-risk child care" means a program for families at-risk as determined by the department.…

These policies apply to child care assistance benefits provided to eligible children for the following types of child care to ensure that parents or legal guardians have a variety of child care services from which to choose: A. licensed child care programs administered by public …

Any funds received by the department under the child care development fund and other sources are expended for child care assistance pursuant to the following priorities: A. Priority one: Clients receiving temporary assistance to needy families (TANF) benefits to include TANF dive…

Early Childhood Education and Care Department ("ECECD").

The child care services bureau regulatory oversight unit of the early education, care and nutrition division of the New Mexico Early Childhood Education and Care Department, hereafter called the licensing authority, has been granted the responsibility for the administration and e…

A. TYPES OF LICENSES: (1) ANNUAL LICENSE: An annual license is issued for a one-year period to a child care facility that has met all requirements of these regulations. (a) 1-star level is designated for programs not receiving child care subsidy. 1-star level requires meeting and…

A. The licensing authority may revoke, suspend, or restrict a license, reduce star status, deny an initial or renewal license application, impose monetary sanctions pursuant to 7.1.8 NMAC, put in place conditions of operation, issue a cease and desist letter, impose other sanctio…

A. The following factors shall be considered by the licensing authority when determining whether to impose civil monetary penalties: (1) death or serious injury to a child; (2) abuse, neglect or exploitation of a child; (3) regulatory violations which immediately jeopardize the h…

A. Programs, facilities or homes licensed under these regulations may request a waiver from any of the requirements of these regulations by applying, in writing, to the licensing authority for a waiver. The request should identify the regulatory requirement for which a waiver is …

A. If a child care facility licensed on the date these regulations are promulgated provides the services prescribed but fails to meet all building requirements, the licensing authority will grant a variance, provided that the variances granted: (1) will not create a hazard to the…

A new child care facility may be located in an existing building or a newly constructed building. A. If opened in an existing building, the licensing authority may grant a variance for those building requirements the child care facility cannot meet provided any variance is not in…

A. The licensing authority will conduct a survey at least twice a year in each child care facility using these regulations as criteria. The licensing authority will conduct additional surveys or visit the child care facility additional times to provide technical assistance, to ch…

A. The licensing authority will process any complaint regarding any child care facility licensed or required to be licensed under these regulations. The investigatory authority of the licensing authority is limited to matters pertaining to these regulations. B. A licensing author…

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 Early Childhood Education and Care Department pursuant to 8.9.6 NMAC. All licensed child care faci…

All child care centers, out of school time programs, family child care homes, and other early care and education programs within the state of New Mexico.

A. APPLICABILITY TO CHILD CARE CENTERS: A center required to be licensed under regulations in 8.9.4.21 NMAC through 8.9.4.29 NMAC is one that provides care, education, services and supervision to children for less than 24 hours a day to children in a non-residential setting, and …

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 mon…

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…

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 8.9.6 NMA…

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…

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…

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…

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…

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…

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…

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 Early Childhood Education and Care Department, by authority of the Early Childhood Education and Care Department A…

A private dwelling required to be licensed under regulations in 8.9.4.31 NMAC through 8.9.4.38 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 s…

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 mon…