New Mexico Register / Volume XXX, Issue 18 / September 24, 2019

 

 

This is an amendment to 8.17.2 NMAC Sections 7, 10, and 11 effective October 1, 2019.

 

8.17.2.7                 DEFINITIONS:

                A.            “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:

                                (1)           physical contact that harms or is likely to harm a child;

                                (2)           inappropriate use of a physical restraint, isolation, medication or other means that harms or is likely to harm a child;

                                (3)           punishment that is hazardous to the physical, emotional or mental state of the child; and

                                (4)           an unlawful act, a threat or menacing conduct directed toward a child that results or might be expected to result in fear or emotional or mental distress to a child.

                B.            “Adult” means a person who has a chronological age of 18 years or older.

                C.            “Child” means any person who is under the chronological age of 18 years.

                D.            “Child care assistance program (CCAP)” means the state of New Mexico's child care services bureau (CCSB) which administers the federal child care and development fund (CCDF).

                E.            “Child and adult care food program (CACFP)” means the state of New Mexico's family nutrition bureau which administers the federal child and adult care food program.

                F.            “Child with a disability or special needs” means a child with an identified disability, health, or mental health conditions requiring early intervention, special education services, or other specialized services and support; or children without identified conditions, but requiring specialized services, supports, or monitoring.

                G.            “Drop-in” means a child who attends a child care home on an occasional or unscheduled basis.

                H.            “Emergency caregiver” means someone 18 years of age or older who is authorized by the primary caregiver to provide care on an emergency basis, eight hours or less, on behalf of the primary caregiver.

                I.             “Exempt caregiver” means a child care home primary caregiver who is exempt from participating in the CACFP because he or she is caring only for resident children or does not provide child care during the hours when a meal (breakfast, lunch or dinner) is served.

                J.             “Expulsion” means the involuntary termination of the enrollment of a child or family.

                K.            “Guidance” means fostering a child’s ability to become self-disciplined. Guidance shall be consistent and developmentally appropriate.

                L.            “Homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence, which includes:

                                (1)           children and youth who are temporarily sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks (excludes mobile homes), or camping ground due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

                                (2)           children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

                                (3)           children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

                                (4)           migratory children who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in Paragraphs (1) through (3) of this subsection.

                M.           “Infant” means a child from birth to one-year-old.

                N.            “Neglect” means the failure to provide the common necessities including but not limited to: food, shelter, a safe environment, education, emotional well-being and healthcare that may result in harm to the child.

                O.            “Non-resident child” means any child who does not reside in the primary caregiver's home.

                P.            “Notice of Provisional Employment” means a written notice issued to a child care center or home applicant indicating the Background Check Unit reviewed the applicant’s fingerprint based federal or New Mexico criminal record and made a determination that the applicant may begin employment under direct physical supervision until receiving background eligibility. A notice may also indicate the applicant must receive a complete background eligibility prior to beginning employment.

                [P.] Q.    “Notifiable diseases” means confirmed or suspected diseases/conditions as identified by the New Mexico department of health which require immediate reporting to the office of epidemiology which include but are not limited to: measles, pertussis, food borne illness, hepatitis and acquired immune deficiency syndrome.

                [Q.] R.    “Primary caregiver” means a registered child care home caregiver 18 years of age or older who is personally providing care to children, less than 24 hours a day, in his/her own residence and has completed the registration process, paid the required fee and has no other employment during hours of care.  The primary caregiver must reside in the home.

                [R.] S.     “Registered authority” means the child care services bureau - registration section of the early childhood services division of the New Mexico children, youth and families department.

                [S.] T.     “Registered family child care home” means the residence of an independent primary caregiver who registers the home under these regulations to participate in the child and adult care food program or in the state and federal child care assistance programs.

                [T.] U.    “Registered family child care food-only home” means the residence of an independent primary caregiver who registers the home under these regulation to participate in the child and adult care food program only and does not participate in the state and federal child care assistance program.

                [U.] V.    “Resident child” means any child who resides in the home, such as the primary caregiver’s own children by birth or adoption, foster children, grandchildren, or cohabitant's children who are part of the residential unit.

                [V.] W.   “Serious injury” means the death of a child or accident, illness, or injury that requires treatment by a medical professional or hospitalization.

                [W.] X.   “Substitute caregiver” means someone 18 years of age or older who is authorized by the primary caregiver and the registered authority to provide care in the absence of the primary caregiver and is required to complete all the items required of primary caregivers, including background check clearance in accordance with the most current provisions of 8.8.3 NMAC governing background checks and employment history verification provisions.

                [X.] Y.    “Substantiated” means an incident or complaint determined to be factual, based on an investigation of events.

                [Y.] Z.    “Supervision” means the direct observation and guidance of children at all times and requires being physically present with them.

                [Z.] AA. “Survey” means a representative of CYFD’s authority to enter a home, observes activity, examine the records and premises, interviews parents and records deficiencies.

                [AA.] BB. “Unattended” means a caregiver is not physically present with a child or children under care.

                [BB.] CC. “Unsubstantiated” means an incident or complaint not determined to be factual based on an investigation of events.

[8.17.2.7 NMAC - Rp, 8.17.2.7 NMAC, 10/1/16, A, 10/01/19]

 

8.17.2.10               CAREGIVER REQUIREMENTS:

                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 care services. All registered homes receiving child care assistance subsidies must be enrolled and participate in a CACFP, unless they are exempt.

                B.            All caregivers, including primary, substitute and emergency caregivers must be at least 18 years of age, and must demonstrate the ability to perform essential job functions that reasonably ensure the health, safety and welfare of children in care. 

                C.            Primary and substitute caregivers must comply with background check requirements in accordance with the most current provisions of 8.8.3 NMAC governing background checks and employment history verification provisions.  A request for a background check must be submitted prior to a substitute caregiver employment.  A substitute caregiver must receive a notice of provisional employment prior to beginning employment or obtain a background check in accordance with 8.8.3 NMAC.

                D.            Emergency caregivers may provide care on unforeseen, unforeseeable and rare occasions for up to eight hours per month on behalf of the primary caregiver.  Anyone who provides care repeatedly or in reasonably foreseeable circumstances is a substitute caregiver and must have the required background checks and training.

                E.            In the event care is provided by a substitute or emergency caregiver, all parents/guardians must be notified as promptly as possible.

                F.            All caregivers are responsible for immediately reporting to the appropriate authorities any signs or symptoms of child abuse or neglect.

                G.            All new primary and substitute caregivers of registered family child care homes, with the exception of registered family child care food-only homes, must complete the following training within three months of their date of initial registration.  All current primary and substitute caregivers in a registered family child care home will have three months to comply with the following training from the date these regulations are promulgated:

                                (1)           prevention and control of infectious diseases (including immunization);

                                (2)           prevention of sudden infant death syndrome and use of safe sleeping practices;

                                (3)           administration of medication, consistent with standards for parental consent;

                                (4)           prevention of and response to emergencies due to food or other allergic reactions;

                                (5)           building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;

                                (6)           prevention of shaken baby syndrome and abusive head trauma;

                                (7)           emergency preparedness and response planning for emergencies resulting from a natural disaster, or a man-caused;

                                (8)           handling and storage of hazardous materials and the appropriate disposal of bio contaminants;

                                (9)           precautions in transporting children (if applicable);

                                (10)         first aid and cardiopulmonary resuscitation (CPR) certification; and

                                (11)         recognition and reporting of child abuse and neglect.

                H.            Primary and substitute caregivers are required to attend six hours of training annually.  Training documentation must be maintained for three years and include the caregiver’s name, the date of training, instructor’s name and signature, topic of training and number of hours completed.

                I.             Primary and substitute caregivers caring for infants shall receive two hours of infant or toddler specific training within six-months of registration.

                J.             If a registered home caregiver completes the 18-hour course, it will count toward the six-hour annual training requirement during the year in which the course was completed and the following year, exclusive of training required by CACFP.

                K.            Primary and substitute caregivers are required to maintain current first aid and CPR certification at all times.  On-line first aid and CPR classes are not valid.  A caregiver cannot count more than four hours in first aid and CPR trainings toward their total hours of annual training requirements. 

                L.            Training shall be within the seven competency areas. The competency areas are:

                                (1)           child growth, development and learning;

                                (2)           health, safety, nutrition and infection control;

                                (3)           family and community collaboration;

                                (4)           developmentally appropriate content;

                                (5)           learning environment and curriculum implementation;

                                (6)           assessment of children and programs; and

                                (7)           professionalism.

[8.17.2.10 NMAC - Rp, 8.17.2.10 NMAC, 10/1/16, A, 10/01/19 ]

 

8.17.2.11               BACKGROUND CHECKS:

                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 caregivers must adhere to these provisions to maintain their registration status.  A background check must be conducted in accordance with 8.8.3 NMAC on all required individuals at least once every five years from the original date of eligibility regardless of the date of hire or transfer of eligibility.  A direct provider of care may request a transfer of background check eligibility if:

                                (1)           the staff member was found eligible as a direct provider of care in a child care center,

licensed child care home, licensed group home, or registered home within the past five years and has not been separated from employment for more than 180 days; and

                                (2)           submits an application for transfer and is found eligible pursuant to 8.8.3.11 NMAC.

                B.            The primary caregiver will be responsible for obtaining background checks on all adults residing in the home using the requirements outlined in the department’s most current version of the background checks and employment history verification provisions (8.8.3 NMAC).  A household member [over] reaching the age of 18, [who is currently approved but does not have an individual background check clearance, shall comply with the background check requirements no later than one year after these regulations are in effect.] must submit their background check in accordance with the most current provisions of 8.8.3 NMAC within 30 days after their eighteenth birthday.  However, in the case of a registered family child care food-only home, all household members are only required to undergo a criminal history and child abuse and neglect screening.

                C.            Any adult who is present in the registered primary caregiver’s home for significant periods while children are in care, or who commences being present in the registered primary caregiver’s home for significant periods, may be required by the department to obtain either a background check or criminal history and child abuse and neglect screen.

                D.            All requirements of the current background checks and employment history verification provisions pursuant to 8.8.3 NMAC must be met prior to the issuance of an initial registration.

                E.            The registered primary caregiver must maintain documentation of all applications, correspondence and clearances relating to the background checks required in this section and make them available to the registered authority upon request.

                F.            The primary caregiver shall certify upon renewal that they, or any other adult living in the home have not been convicted of a disqualifying offense during the last twelve month.

[8.17.2.11 NMAC - Rp, 8.17.2.11 NMAC, 10/1/16, A, 10/01/19]