New Mexico Administrative Code

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 …

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 …

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…

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…

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. 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…

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…

A child care program required to be licensed under 8.9.4.40 NMAC through 8.9.4.47 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 aft…

Permanent.

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…

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) t…

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 NM…

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…

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…

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…

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…

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 …

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

The objective of 8.9.4 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 providi…

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…

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…

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 Subsection D of Section 24-1-2 of the Public…

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

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…

A. All background checks shall be conducted in accordance with the most current provisions of 8.9.6 NMAC governing background checks and employment history verification provisions as promulgated by ECECD. All non-licensed child care caregivers must adhere to these provisions to m…

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 ECECD, by submitting a registration application…

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…

A. The primary caregiver's registration agreement is personal, and not transferable to any other person or location. B. A registration will expire automatically at midnight of the expiration date unless earlier suspended or revoked, or:(1) if the primary caregiver moves; or (2) c…

Registered caregiver shall notify the appropriate authorities immediately by phone of any incident which results in significant harm to a child or which places the child in immediate danger. After making a report to the appropriate authorities, the caregiver shall notify ECECD of…

By completing the ECECD registration process and annual renewals, the primary caregiver is agreeing to comply with these regulations to include the following: A. The primary caregiver agrees to continue to meet these requirements, to correct deficiencies promptly and to take prom…

A. ECECD may deny, suspend, revoke or decline to renew registration at any time it is reasonably determined that the caregiver is not in compliance with these regulations, or is unable to maintain compliance with registration standards. B. Violation of any provisions of these reg…

A. Complaints received by ECECD shall be investigated promptly. B. An authorized ECECD representative receiving complaints will ask complainants to identify themselves and provide all information necessary to document the complaint. C. The authorized ECECD representative will inv…

A. Any primary caregivers who receives notice that registration is denied, revoked, suspended or that renewal is denied, has a right to an administrative appeal of the decision. Any primary caregiver who is required by the department to implement specific actions, or to agree to …

All non-licensed family child care homes within the state of New Mexico who are intending to participate in the child and adult care food program or the child care services programs.

A. In circumstances in which Public Health Act, Subsection (N) of Section 24-1-5 (2005) NMSA 1978 may apply, and in which other provisions of this regulation are not adequate to protect children from imminent danger of abuse or neglect while in the care of a provider, the provisi…

A. A caregiver will care for no more than four non-resident children at any one time. B. A caregiver will care for no more than two children under two years old at any one time, including the caregiver's own children. C. A caregiver will care for no more than six children under s…

A. A caregiver will maintain the home, grounds and equipment in safe condition. The home and grounds must be clean and free of debris or other potentially dangerous hazards. All equipment must be in good repair. B. All electrical outlets within reach of children will have safety …

A. Children will not use shared eating or drinking utensils. B. Children will not use common eating or drinking utensils. C. A caregiver will provide readily accessible drinking water in sanitary cups or glasses. D. Meals must meet age-appropriate USDA requirements. E. A caregive…

Caregivers must keep an information card for each child (including drop-in children) with: A. the child's full name; B. the child's birth date; C. any known food or drug allergies or unusual physical condition; D. the name, telephone number, and location of a parent or other resp…

A. A caregiver will directly supervise and actively care for children at all times during hours of operation including outdoor playtime and naptime. Caregivers will interact with children and provide a safe and positive learning environment. B. Children will never be left unatten…

The requirements (regulations) set forth herein, are established pursuant to the federal regulations at 7 CFR Part 226 CACFP, 45 CFR Part 98 CCDBG, the New Mexico Public Health Act, Sections 24-1-2 and 24-1-5 NMSA 1978, and the New Mexico Children's Code, Section 32A-15-3 NMSA 19…

Permanent.

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

The objective of 8.9.5 NMAC is to establish standards and procedures to permit independent caregivers who are not required to be licensed as family child care homes under state regulation 8.9.4 NMAC to participate in the federal child and adult care food program and the state and…

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…

A. An independent caregiver who wants to participate in the federal child and adult care food program and state and federal child care assistance programs must apply as a registered family child care home by submitting an application, receiving an on-site health and safety inspec…

The child care services bureau - regulatory oversight unit of the early education, care and nutrition division of ECECD, hereafter called the registered authority, has been granted the responsibility by ECECD for the administration and enforcement of these regulations pursuant to…

Early Childhood Education and Care Department ("ECECD")

A. Compliance with these regulations is a condition of licensure, registration, certification or renewal, or continuation of same or participation in any other program or contract within the scope of these regulations. B. The licensee is required to: (1) submit an electronic fing…

A. An applicant may not begin providing services prior to obtaining background check eligibility unless all of the following requirements are met: (1) the ECECD licensee may not be operating under a corrective action plan (childcare), sanctions, or other form of disciplinary acti…