State Regulations

TITLE 8 SOCIAL SERVICES

CHAPTER 16 CHILD CARE LICENSING

PART 2 CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS8.16.2.1 ISSUING AGENCY: Children, Youth and Families Department (CYFD). [8.16.2.1 NMAC - Rp, 8.16.2.1 NMAC, 02/14/05]

8.16.2.2 SCOPE: 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.

[8.16.2.2 NMAC - Rp, 8.16.2.2 NMAC, 02/14/05]

8.16.2.3 STATUTORY AUTHORITY: 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 9-2A-1 to 9-2A-16 NMSA 1978, and Sections 24-1-2 (D), 24-1-3 (I) and 24-1-5 of the Public Health Act, Sections 24-1-1 to 24-1-22, NMSA 1978, as amended. [8.16.2.3 NMAC - Rp, 8.16.2.3 NMAC, 02/14/05]

8.16.2.4 DURATION: Permanent. [8.16.2.4 NMAC - Rp, 8.16.2.4 NMAC, 02/14/05]

8.16.2.5 EFFECTIVE DATE: February 14, 2005 unless a later date is cited at the end of section. [8.16.2.5 NMAC - Rp, 8.16.2.5 NMAC, 02/14/05]

8.16.2.6 OBJECTIVE: The objective of 8.16.2 NMAC is to establish standards and procedures for the licensing of facilities and providers who provide child care to children within New Mexico. These standards and procedures are intended to: establish minimum requirements for licensing facilities providing non-residential care to children in order to protect the health, safety, and development of the children; monitor facility compliance with these regulations through surveys to identify any areas that could be dangerous or harmful to the children or staff members; monitor and survey out of school time programs; and encourage the establishment and maintenance of child care centers, homes and facilities for children that provide a humane, safe, and developmentally appropriate environment. These regulations apply during all hours of operation for child care centers, homes and out of school time programs.

[8.16.2.6 NMAC - Rp, 8.16.2.6 NMAC, 02/14/05]

8.16.2.7 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; and

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

B. “Activity area” means space for children’s activities where related equipment and materials are accessible to the children.

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

D. “AIM HIGH” is a voluntary quality child care improvement program that is open to all registered and licensed child care providers.

E. “Assessment of children’s progress” means children’s progress is assessed informally on a continuous basis using a series of brief anecdotal records (descriptions of the child’s behavior or skills in given situations). Children’s progress also can be assessed formally at least twice a year using a developmental checklist (checklist of behaviors that indicate physical, motor, language, cognitive, social and emotional development/progress).

8.16.2 NMAC 2

F. “Attended” means the physical presence of a caregiver supervising children under care. Merely being within eyesight or hearing of the children does not meet the intent of this definition (See Supervision,

Subsection FFF, 8.16.2.7 NMAC).

G. “Capacity” means the maximum number of children a licensed child care facility can care for at any one time.

H. “Caregiver” means an adult who directly cares for, serves, and supervises children in a licensed child care facility.

I. “Child” means a person who is under the chronological age of eighteen (18) years.

J. “Child care center” means a facility required to be licensed under these regulations that provides care, services, and supervision for less than 24-hours a day to children. A child care center is in a non-residential setting and meets the applicable state and local building and safety codes.

K. “Class A deficiency” means any violation or a group of violations, which have potential to cause injury or harm if not corrected.

L. “Class B deficiency” means any substantiated abuse or neglect of a child or staff or exploitation which results in injury or harm; or a violation or group of violations which presents direct substantial risk of harm.

M. “Class C deficiency” means any substantiated abuse or neglect of a child or staff or violation which results in death, great physical or psychological harm.

N. “Core hours” means the daily hours of operation of the center.

O. “Curriculum” is what happens every day in the classroom and on the playground. It includes every aspect of the daily program. Curriculum derives from the program’s mission statement, philosophy (which, in turn, is based on assumptions about young children’s development and learning), and program goals and objectives. It includes how materials and equipment are used, activities that children and adults participate in, and interactions among children and between children and adults.

P. “Deficiency” means a violation of these regulations.

Q. “Director” means the person in charge of the day-to-day operation and program of a child care center.

R. “Discipline” means guidance, which fosters the child’s ability to become self-disciplined. Disciplinary measures will be consistent and developmentally appropriate (See Punishment).

S. “Environment” means that the environment meets all required local, state, and federal regulations.

It includes space (both indoors and outdoors) with appropriate equipment and materials that encourage children to engage in hands-on learning.

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

U. “Facility” means any premises licensed under these regulations where children receive care, services, and supervision (can be a center, home, program, or other site where children receive childcare).

V. “Family child care home” means a private dwelling required to be licensed under these regulations that provides care, services and supervision for a period of less than twenty-four (24) hours of any day for at least five (5) but no more than six (6) children. The licensee will reside in the home and be the primary care giver.

W. “Star level” means a license indicating the level of quality of an early childhood program. A greater number of stars indicates a higher level of quality.

X. “Group child care home” means a home required to be licensed pursuant to these regulations, which provides care, services, and supervision for at least seven (7) but not more than twelve (12) children. The licensee will reside in the home and be the primary care giver.

Y. “Home” means a private residence and its premises licensed under these regulations where children receive care, services, and supervision. The licensee will reside in the home and be the primary care giver.

Z. “Infant” means a child age six (6) weeks to twelve (12) months.

AA. “License” means a document issued by CYFD to a child care facility licensed and governed by these regulations and granting the legal right to operate for a specified period of time, not to exceed one year.

BB. “Licensee” means the person(s) who, or organization which, has ownership, leasehold, or similar interest in the child care facility and in whose name the license for the child care facility has been issued and who is legally responsible for compliance with these regulations.

CC. “Licensing authority” means the child care services bureau - licensing section of the family services division of the New Mexico children, youth and families department which has been granted the responsibility for the administration and enforcement of these regulations by authority of Children, Youth and Families Department Act, Section 9-2A-1 to 9-2A-16 NMSA 1978, as amended.

DD. “Mission statement,” describes what the program aspires to do and whom the program aspires to serve.

8.16.2 NMAC 3

EE. “Moral turpitude” means conduct defined as such in the most current version of the Background Checks and Employment History Verification provisions pursuant to 8.8.3 NMAC.

FF. “National accreditation status” means the achievement and maintenance of accreditation status by an accrediting body that has been approved by CYFD. Approval of an applicant accrediting body by CYFD is pursuant to procedures established by CYFD and requires, at a minimum, that the applicant accrediting body meets the following criteria: 1) is national in scope and practice; 2) has a process to ensure that interim quality is maintained by the accredited entity; 3) meets or exceeds the standards of one of the following national accrediting bodies: the national association for the education of young children (NAEYC); the national early childhood program accreditation (NECPA); the American Montessori society (AMS); the Montessori school accreditation commission (MSAC); the national association of family child care (NAFCC), the national child care association (NCCA); the council of accreditation (COA); the national after-school association (NAA); or the association of Christian schools international (ACSI); and 4) promotes indicators of quality which address, at a minimum, the following: staff training, director and staff qualifications, curriculum and environment, program administration, and staff/child ratios.

GG. “Night care” means the care, services and supervision provided by a licensed child care facility to children between the hours of 10:00 p.m. to 6:00 a.m.

HH. “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.

II. “Notifiable diseases” means confirmed or suspected diseases/conditions as itemized 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.

JJ. “Orientation” means a process by which the employer informs each new employee, volunteer andsubstitute, in advance of assuming their duties, of the mission, philosophy, policies, and procedures of the program, including clear direction about performance expectations.

KK. “Parent handbook” is a written communication tool that provides valuable information to families of the children the program serves. It includes all matters of relevance to family members regarding the program and is updated annually, or as needed.

LL. “Pest” means any living organism declared a pest pursuant to the Pesticide Control Act.

MM. “Pesticide” means any chemical substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.

NN. “Philosophy statement” describes how the program’s mission will be carried out. It reflects the values, beliefs, and convictions of the program about how young children learn and describes the components of the program that contribute to that learning. It provides the program’s perspective on early care and education and the nature of how children learn. The program’s philosophy is implemented through the curriculum.

OO. “Plan of correction” means the plan submitted by the licensee addressing how and when identified deficiencies will be corrected.

PP. “Policy” is a written directive that guides decision-making. Policies form the basis for authoritative action.

QQ. “Premises” means all parts of the buildings, grounds, and equipment of a child care facility licensed pursuant to these regulations.

RR. “Procedure” is a series of steps to be followed, usually in a specific order, to implement policies.

SS. “Professional development” is an on-going plan for continued professional development for each staff member, including the director.

TT. “Program administrator” means the person responsible for planning or implementing the care of children in the program. This includes but is not limited to making contact with parents, keeping appropriate records, observing and evaluating the child’s development, supervising staff members and volunteers, and working cooperatively with the site director and other staff members toward achieving program goals and objectives. (This definition applies only to the out of school time programs child care regulations.)

UU. “Punishment” means the touching of a child’s body with the intent of inducing pain. This includes but is not limited to pinching, shaking, spanking, hair or ear pulling. It also includes any action which is intended to induce fear, shame or other emotional discomfort.

VV. “Requirements” means the criteria and regulations developed by children, youth and families department in 8.16.2 NMAC; to set minimum standards of care, education and safety for the protection and enhancement of the well-being of children receiving care, services or supervision.

WW. “Restriction” means to control enrollment, service type, capacity, activities, or hours of operation.

XX. “Revocation” means the act of making a license null and void through its cancellation.

8.16.2 NMAC 4

YY. “Sanction” means a measure imposed by the licensing authority for a violation(s) of these standards.

ZZ. “Staff evaluation” means that each staff member is evaluated by the director, using criteria from the individual’s job description. The individual being evaluated knows ahead of time the criteria and procedures (which may include self-evaluation) for which they are being evaluated. The director discusses evaluation results with each staff member, and results are considered when determining salary increments and are incorporated into the individual’s professional development plan.

AAA. “Substitute” means an adult who directly cares for, serves, and supervises children in a licensed child care facility, who works in place of the regular caregiver, and who works less than an average of forty (40) hours per month in a six (6) month period.

BBB. “Suspension” means a temporary cancellation of a license pending an appeal hearing and/or correction of deficiencies.

CCC. “Out of school time program” means a school age program at a specific site, usually a school or community center, offering on a consistent basis a variety of developmentally appropriate activities that are both educational and recreational.

DDD. “Site director” means the person at the site having responsibility for program administration and supervision of an out of school time program. This applies to out of school time programs only.

EEE. “Substantiated complaint” means a complaint determined to be factual, based on an investigation of events.

FFF. “Supervision” means the direct observation and guidance of children at all times and requires being physically present with them. The only exception is school-age children who will have privacy in the use of bathrooms.

GGG. “Survey” means a representative of the licensing authority enters a child care facility, observes activity, examines the records and premises, interviews parents and staff members and records deficiencies.

HHH. “Toddler” means a child age twelve (12) months to twenty-four (24) months.

III. “U/L” means the underwriters laboratory, which is a standards organization which tests electrical and gas appliances for safety.

JJJ. “Unattended” means a caregiver is not physically present with a child or children under care.

KKK. “Unsubstantiated complaint” means a complaint not determined to be factual based on an investigation of events.

LLL. “Variance” means an allowance granted by the licensing authority to permit non-compliance with a specified regulation for the period of licensure. The granting of variances is at the sole discretion of the licensing authority.

MMM. “Waiver” means an allowance granted by the licensing authority to permit non-compliance with a specified regulation for a specified, limited period of time. The granting of waivers is at the sole discretion of the licensing authority.

[8.16.2.7 NMAC - Rp, 8.16.2.7 NMAC, 02/14/05; A, 08/31/06]

8.16.2.8 RELATED REGULATIONS AND CODES: 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 regulations, Control of Communicable Disease in Health Facility Personnel, 7.4.4 NMAC.

C. New Mexico health department regulations, Governing Public Access to Information in the Department Records, 7.1.3 NMAC.

D. New Mexico department of health regulations, Health Facility Licensure Fees and Procedures, 7.1.7 NMAC.

E. New Mexico children, youth and families department regulations, Administrative Appeals, 8.8.4 NMAC.

F. New Mexico department of health regulations, Health Facility Sanctions and Civil Monetary Penalties, 7.1.8 NMAC.

G. New Mexico children, youth and families department regulations, Governing Background Check and Employment History of Licensees and Staff of Child Care Facilities, 8.8.3 NMAC.

H. New Mexico health department, Food Service and Food Processing, 7.6.2 NMAC. 8.16.2 NMAC 5

I. Latest edition adopted by the New Mexico state fire board of the National Fire Protection Association Life Safety Code Handbook 101.

J. Latest edition of the Uniform Fire Code.

K. Latest edition adopted by the New Mexico construction industries division of the Uniform Building Code enacted by the international conference of building officials.

L. Latest edition of the New Mexico Building, Plumbing/Mechanical and Electrical codes adopted by the New Mexico construction industries division. M. New Mexico department of health Regulations Governing Immunizations Required for School Attendance Immunization Requirement, 7.5.2 NMAC. N. Federal Americans with Disabilities Act (ADA).

O. New Mexico department of agriculture Regulations Pesticide Control Act, Chapter 76, Article 4, Sections 1 through 39, NMSA 1978 and 21.17.50 NMAC.

P. Latest edition of Critical Heights of Playground Equipment for Various Types and Depths of Resilient Surfaces Based on Information from the U.S. CONSUMER PRODUCT SAFETY COMMISSION (CPSC) Publication No.325), Handbook for Public Playground Safety. [8.16.2.8 NMAC - Rp, 8.16.2.8 NMAC, 02/14/05; A, 08/31/06]

8.16.2.9 APPLICATION: These regulations apply to public or private facilities and homes that provide care, education, services, and supervision to children less than twenty-four (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, Section 24-1-1 to 24- 1-22 NMSA 1978 as amended, and are required to be licensed by the licensing authority. These regulations do not apply to any of the following:

A. Facilities providing child care for twenty-four (24) hours on a continuous basis. Such facilities are covered by other regulations promulgated by the children, youth and families department that are available upon request from the licensing authority.

B. Child cares facilities operated by the federal government or a tribal government.

C. Child care facilities operated by a public school system and governed by the local school board.

D. Private schools accredited or recognized by the New Mexico department of education, operated for educational purposes only for children age five (5) years or older.

E. Child care facilities provided exclusively for children of parents who are simultaneously present in the same premises.

F. Summer religious schools held on a church, religious building or house of worship premises.

G. Summer camps, wilderness camps, and programs operated for recreational purposes only by recognized organizations such as churches, schools, and the boy and girl scouts, provided such camps and programs are not conducted in private residences.

H. Any individual who in their own home provides care, services and supervision to four (4) or fewer nonresident children.

I. Parent’s day out programs held in a church, religious building or house of worship, or public building operating for no more than two (2) days per week and no more than four (4) hours per day. The program will be staffed by parents participating in the program, or by others who are members of the church or public affiliation.

[8.16.2.9 NMAC - Rp, 8.16.2.9 NMAC, 02/14/05]

8.16.2.10 LICENSING AUTHORITY (ADMINISTRATION AND ENFORCEMENT

RESPONSIBILITY): The child care services bureau, licensing section, of the family services division of the New Mexico children, youth and families department, hereafter called the licensing authority, has been granted the responsibility for the administration and enforcement of these regulations by authority of Children, Youth and Families Department Act, Section 9-2A-1 to 9-2A-16, NMSA 1978, as amended.

[8.16.2.10 NMAC - Rp, 8.16.2.10 NMAC, 02/14/05]

8.16.2.11 LICENSING:

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 requires meeting minimum licensing requirements.

8.16.2 NMAC 6

(b) 2-star level is voluntary and requires meeting and maintaining minimum licensing requirements and AIM HIGH level 2 criteria at all times.

(c) 3-star level is voluntary and requires meeting and maintaining minimum licensing requirements and AIM HIGH levels 2 and 3 criteria at all times.

(d) 4-star level is voluntary and requires meeting and maintaining minimum licensing requirements and AIM HIGH levels 2, 3, and 4 criteria at all times.

(e) 5-star level is voluntary and requires meeting and maintaining minimum licensing requirements and maintaining approved national accreditation status.

(2) TEMPORARY LICENSE: The licensing authority will, at its discretion, issue a temporary license when it finds the child care facility in partial compliance with these regulations.

(a) A temporary license can, at the discretion of the licensing authority, be issued for up to onehundred- twenty (120) days, during which time the child care facility will correct all specified deficiencies.

(b) The licensing authority will not issue more than two (2) consecutive temporary licenses.

(c) After a second temporary license has been issued, a new application and the required application fee must be submitted in order to renew the license.

(3) AMENDED LICENSE: A child care facility will submit a new application to the licensing authority before modifying information required to be stated on the license; such as dates, capacity, director, number of stars, etc.

(a) A child care facility will apply to the licensing authority for an amended license in order to change the director. The child care facility must notify the licensing authority within 24 hours after the child care facility becomes aware of the need to name a new director, submit an application (Fee $20.00) and, if necessary, appoint a temporary acting director with the minimum requirements of a high school diploma or GED and 3 yrs of experience. The temporary acting director’s appointment is valid for 30 days.

(b) A notarized application must be submitted for a change of capacity. (Fee $20.00) Application for an increase or decrease of capacity will not be approved nor an amended license issued until an on site visit has been made by the licensing authority to determine that the child care facility meets all applicable codes and regulations. A child care facility must not accept additional children or change the layout of the child care facility until the licensing authority has approved and issued the amended license.

(c) A child care facility will apply to the licensing authority for an amended license in order to change the number of stars. An application for a different star level will not be approved nor an amended license issued until on-site visits have been made and it has been determined that the child care facility meets all applicable criteria.

(4) RENEWAL OF LICENSE:

(a) A licensee will submit a notarized renewal application, indicating the number of stars requested, on forms provided by the licensing authority, along with the required fee, at least thirty (30) days before expiration of the current license. CYFD-approved nationally accredited centers, homes and out of school time programs will submit copies of their current accreditation certificates along with their renewal application. Applications postmarked less than thirty (30) days prior to the expiration date will be considered late and a twenty five dollar ($25.00) late fee must be submitted with the renewal fee.

(b) The licensing authority will conduct an annual children’s protective services division screening for all center owners and directors, and all licensed homes caregivers and any other adults over the age of 18 living in the licensed homes. Centers must maintain an original criminal record check (CRC) clearance letter for all current employees and applicable volunteers, including a signed statement annually by each staff person certifying that they would not be disqualified as a direct provider of care under the most current version of the Background Checks and Employment History Verification provisions pursuant to 8.8.3 NMAC. This will include all adults and teenage children living in a family child care or group child care home operated in a private residence.

(c) Upon receipt of a notarized renewal application, the required fee and the completion of an on-site survey, the licensing authority will issue a new license effective the day following the date of expiration of the current license, if the child care facility is in compliance with these regulations.

(d) If a licensee fails to submit a notarized renewal application with the required fee before the current license expires, the licensing authority may require the agency to cease operations until all licensing requirements are completed.

B. POSTING OF LICENSE: A child care facility will post the license on the licensed premises in an area readily visible to parents, staff members, and visitors.

8.16.2 NMAC 7

C. NON-TRANSFERABLE RESTRICTIONS OF LICENSE: A licensee will not transfer a license by assignment or otherwise to any other person or location. The license will be void and the licensee will return it to the licensing authority when:

(1) the owner of the child care facility changes;

(2) the child care facility moves;

(3) the licensee of the child care facility changes; or

(4) the child care facility closes.

D. AUTOMATIC EXPIRATION OF LICENSE: A license will expire automatically at midnight on the expiration date noted on the license unless earlier suspended or revoked, or:

(1) on the day a child care facility closes;

(2) on the day a child care facility is sold, leased, or otherwise changes ownership or licensee;

(3) on the day a child care facility moves.

[8.16.2.11 NMAC - Rp, 8.16.2.11 NMAC, 02/14/05; A, 09/15/05; A, 08/31/06]

8.16.2.12 LICENSING ACTIONS AND ADMINISTRATIVE APPEALS:

A. The licensing authority may revoke, suspend, or restrict a license or deny an initial or renewal license application, or impose monetary sanctions pursuant to 7.1.8 NMAC, or impose other sanctions or requirements against a licensee, or reduce to a base level of child care assistance reimbursement a licensee who is in receipt of a higher than base level of child care assistance reimbursement, for any of the following reasons:

(1) violation of any provision of these regulations, especially when the licensing authority has reason to believe that the health, safety or welfare of a child is at risk, or has reason to believe that the licensee cannot reasonably safeguard the health and/or safety of children;

(2) failure to allow access to the licensed premises by authorized representatives of the licensing authority;

(3) misrepresentation or falsification of any information on an application form or any other form or record required by the licensing authority;

(4) allowing any person to be active in the child care facility who is or would be disqualified as a direct provider of care under the most current version of the Background Checks and Employment History Verification provisions pursuant to 8.8.3 NMAC; this will include all adults and teenaged children living in a family child care or group child care home operated in a private residence;

(5) failure to timely obtain required background checks;

(6) hiring or continuing to employ any person whose health or conduct impairs the person’s ability to properly protect the health, safety, and welfare of the children;

(7) allowing the number of children in the child care facility to exceed its licensed capacity;

(8) failure to comply with provisions of the other related regulations listed in these regulations;

(9) discovery of repeat violations of the regulations or failure to correct deficiencies of survey findings in current or past contiguous or noncontiguous licensure periods;

(10) discovery of prior revocations or suspensions that may be considered when reviewing a facility’s application for licensure or license renewal;

(11) loss of accreditation, regardless of reason, will result in a lower level of reimbursement; or

(12) possessing or knowingly permitting non-prescription controlled substances or illegal drugs to be present and/or sold on the premises at any time, regardless of whether children are present.

B. Commencement of a children, youth and families department or law enforcement investigation may be grounds for immediate suspension of licensure pending the outcome of the investigation. Upon receipt of the final results of the investigation, the department my take such further action as is supported by the investigation results.

C. The children, youth and families department notifies the licensee in writing of any action taken or contemplated against the license/licensee. The notification shall include the reasons for the department’s action.

D. The licensee may obtain administrative review of any action taken or contemplated against the license/licensee.

E. The administrative review shall be conducted by a hearing officer appointed by the department’s secretary.

F. If the action is to take effect immediately, the department affords the licensee the opportunity for an administrative appeal within 5 working days. If the license is suspended pending the results of an investigation, the licensee may elect to postpone the hearing until the investigation has been completed.

8.16.2 NMAC 8

G. If the contemplated action does not take immediate effect, and the licensee is given advance notice of the contemplated action, the licensee is allowed 10 working days from date of notice to request an administrative appeal.

H. In circumstances in which Public Health Act NMSA 1978 Subsection N of Section 24-1-5 (2005) 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 provisions of Subsection N of Section 24-1-5 shall apply as follows:

(1) The department shall consult with the owner or operator of the child care facility.

(2) Upon a finding of probable cause, the department shall give the owner or operator notice of its intent to suspend operation of the child care facility and provide an opportunity for a hearing to be held within three working days, unless waived by the owner or operator.

(3) Within seven working days from the day of notice, the secretary shall make a decision, and, it if is determined that any child is in imminent danger of abuse or neglect in the child care facility, the secretary may suspend operation of the child care facility for a period not in excess of fifteen days.

(4) Prior to the date of the hearing, the department shall make a reasonable effort to notify the parents of children in the child care facility of the notice and opportunity for hearing given to the owner or operator.

(5) No later than the conclusion of the fifteen day period, the department shall determine whether other action is warranted under this regulation.

(6) Nothing in Subsection H of 8.16.2.12 NMAC shall be construed to require licensure that is not otherwise required in this regulation.

[8.16.2.12 NMAC - Rp, 8.16.2.12 NMAC, 02/14/05; A, 08/31/06]

8.16.2.13 WAIVERS:

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 requested, the reason for the waiver, and any action proposed to meet the intent of the regulation.

B. Requests for waivers that involve construction of any type on a current licensed premise must be reviewed and approved by the licensing authority prior to the initiation of the construction.

C. Requests for waivers will be reviewed and approved or denied within 30 calendar days of receipt by the licensing authority.

[8.16.2.13 NMAC - Rp, 8.16.2.13 NMAC, 02/14/05]

8.16.2.14 VARIANCES - CURRENTLY LICENSED FACILITIES:

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 health, safety, or welfare of children and staff members; and

(2) is for building requirements that cannot be corrected without an unreasonable expense to the child care facility.

B. Variances granted will continue in force as long as the child care facility continues to provide services pursuant to these regulations and will not violate the criteria of Subsection A of this Section.

C. The licensing authority will grant a variance for those requirements contained in Section 8 Related Regulations and Codes if the licensee provides written documentation from the relevant authority identified in these regulations that the licensee complies with those requirements or has been granted a waiver or variance from them.

[8.16.2.14 NMAC - Rp, 8.16.2.14 NMAC, 02/14/05]

8.16.2.15 VARIANCES - NEW CHILD CARE FACILITY: 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 conflict with existing building and fire codes.

B. A new child care facility opened in a newly constructed building will meet all requirements of these regulations.

C. The licensing authority will make all variances granted a permanent part of the child care facility file.

8.16.2 NMAC 9

D. The licensing authority may grant a variance for those requirements contained in 8.16.2.8 NMAC Related Regulations and Codes if the licensee provides written documentation from the relevant authority identified in these regulations that the licensee complies with those requirements or has been granted a waiver or variance from them.

[8.16.2.15 NMAC - Rp, 8.16.2.15 NMAC, 02/14/05]

8.16.2.16 SURVEYS FOR CENTERS, HOMES, AND PROGRAMS:

A. The licensing authority will conduct a survey at least once a year in each child care facility, home, and program using these regulations as criteria. For purposes of this section, child care facility shall include both homes and programs. The licensing authority will conduct additional surveys or visit the child care facility additional times to provide technical assistance, to check progress on correction of deficiencies found on previous surveys, or to investigate complaints.

B. Upon the completion of a survey, the licensing authority will discuss the findings with the licensee or their representative and will provide the child care facility with an official written report of the findings and a request for a plan or plans of correction, if appropriate.

C. The licensee, director, or operator, will submit within ten (10) working days after the date of the survey, a plan of correction to the licensing authority for deficiencies found during the survey. The plan of correction will be specific on how and when the child care facility will correct the deficiency or deficiencies.

D. The licensing authority may accept the plan of correction as written or require modifications of the plan.

E. By applying for either a new license or a license renewal, the licensee grants the licensing authority representative the right to enter the premises and survey the child care facility, including inspection and copying of child care facility records, both while the application is being processed and, if licensed, at any time during the licensure period.

F. The licensing authority may or may not announce a survey. At all times, a person who is knowledgeable in the daily operations, has access to all records and locked areas, and can represent the licensee or director for survey purposes will be present in the child care facility.

[8.16.2.16 NMAC - Rp, 8.16.2.16 NMAC, 02/14/05]

8.16.2.17 COMPLAINTS:

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 authority representative receiving complaints will ask complainants to identify themselves and provide all information necessary to document the complaint.

C. The licensing authority will investigate any complaint in which the health, safety, or welfare of a child could be in danger. The complaint will be reviewed and prioritized immediately according to the nature and severity of the complaint. The licensing authority follows established protocols and procedures for prioritizing, tracking, initiating and reporting of complaints and complaint investigations. Complaints will be investigated in a timely manner as follows:

(1) Priority 1 complaints: investigation will be initiated within 24 hours

(2) Priority 2 complaints: investigation will be initiated within three working days.

(3) Priority 3 complaints: investigation will be initiated within five working days.

(4) Initiation timeframes for investigations may be shortened based on the severity and nature of the complaint, but timeframes may not be extended.

D. Action by the licensing authority:

(1) The licensing authority will provide a written letter on the results of the investigation to both the licensee of the child care facility that is the subject of the complaint and the complainant.

(2) If the licensing authority finds the complaint is unsubstantiated, it will be so designated and the licensing authority will take no further action.

(3) If the licensing authority finds that a complaint is substantiated, it will make the complaint part of the licensing authority’s file on the child care facility. The following additional actions will, at the discretion of the licensing authority, be taken:

(a) the licensing authority will require the child care facility to submit and comply with a written plan of correction; and/or

8.16.2 NMAC 10

(b) the licensing authority will sanction the child care facility administratively including, without limitation, suspension, revocation, or restriction of a license; and/or

(c) the licensing authority will file criminal charges and/or pursue civil remedies.

E. The licensing authority will report all cases of suspected child abuse and neglect to both children’s protective services and the local law enforcement agency.

[8.16.2.17 NMAC - Rp, 8.16.2.17 NMAC, 02/14/05]

8.16.2.18 BACKGROUND CHECKS: 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 children, youth and families department pursuant to 8.8.3 NMAC. All licensed child care facilities must adhere to these provisions to maintain their licensing status.

[8.16.2.18 NMAC - Rp 8.16.2.18 NMAC, 02/14/05; A, 08/31/06]

8.16.2.19 CHILD CARE CENTER REGULATIONS:

A. APPLICABILITY TO CHILD CARE CENTERS: A center required to be licensed under regulations in 8.16.2.20 NMAC through 8.16.2.28 NMAC is one that provides care, education, services and supervision to children for less than twenty four (24) hours a day to children in a non-residential setting, and is not exempted from regulation under any of the exceptions listed in 8.16.2.9 NMAC.

B. NEW OR INNOVATIVE PROGRAMS FOR PROVIDING CHILD CARE TO CHILDREN: A new or innovative service for child care that is typically not governed by these regulations will be licensed if there is a substantiated need for the service and if it meets all requirements outlined in Paragraphs (1), (2) and (3) of

Subsection C.

C. SPECIAL REQUIREMENTS FOR NEW OR INNOVATIVE CHILD CARE CENTERS:

Applicants for new or innovative child-care services that do not fit under these regulations will submit a proposal to the licensing authority for review and approval. The proposal will include:

(1) an explanation of any special needs or modifications for the children who will be receiving these services;

(2) identification of those portions of the proposed program that would conflict with these regulations; and

(3) statement of how the proposed center will modify or provide alternative measures, policies and procedures that meet the intent of these regulations.

D. SPECIAL REQUIREMENTS FOR CENTERS LOCATED ON OR NEAR THE PREMISES OF CORRECTIONAL FACILITIES: Applicants for centers located on or near correctional facilities will submit a proposal to the licensing authority for review and approval. The proposal will include:

(1) an explanation of security modifications that are deemed necessary to ensure the safety of the

staff, parents, and children using the child care center; and

(2) statement of how the proposed center will modify or provide alternative measures, policies and procedures that meet the intent of these regulations if the proposed program is in conflict with these regulations.

[8.16.2.19 NMAC - Rp, 8.16.2.19 NMAC, 02/14/05]

8.16.2.20 LICENSURE:

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.

(2) BACKGROUND CHECK: The licensing authority will provide a copy of the most current version of the department’s Background Check and Employment History Verification provisions, fingerprint cards and instructions for completing them, and forms for recording an employment history. The licensee will be responsible for obtaining background checks on all staff, volunteers, and prospective staff as per the requirements outlined in the department’s most current version of the Background Check and Employment History Verification provisions. All requirements of the current Background Check and Employment History Verification provisions pursuant to 8.8.3 NMAC must be met prior to the issuance of an initial license.

(3) ZONING, BUILDING AND OTHER APPROVALS: An applicant will have: current written zoning approval from the appropriate city, county or state authority; current written building approval, such as a certificate of occupancy, from the appropriate city, county or state authority; current written approval of the state fire marshal office or other appropriate city, county or state fire-prevention authority; current written approval from the New Mexico environment department or other environmental health authority for:

8.16.2 NMAC 11

(a) a kitchen, if meals are prepared on site and served in the center;

(b) private water supply, if applicable;

(c) private waste or sewage disposal, if applicable; and

(d) a swimming pool, if applicable.

(4) ACCESS REQUIREMENTS FOR INDIVIDUALS WITH DISABILITIES IN NEW CENTERS:

(a) Accessibility to individuals with disabilities is provided in all new centers and will include the following:

(i) main entry into the center is level or has a ramp to allow for wheelchair access;

(ii) building layout allows for access to the main activity area;

(iii) access to at least one bathroom is required to have a door clearance of 32 inches; the toilet unit also provides a 60-inch diameter turning radius;

(iv) if ramps are provided to the building, the slope of each ramp is at least a 12-inch horizontal run for each inch of vertical rise; and

(v) ramps exceeding a six-inch rise are provided with handrails.

(b) Requirements contained herein are minimum and additional disability requirements may apply depending on the size and complexity of the center.

(5) SCHEDULE: All applications for a new license will include a description of the center’s proposed activities and schedule.

(6) INITIAL SURVEY: The licensing authority will schedule a survey for a center when it receives a complete application with all supporting documents.

B. CAPACITY OF CENTERS:

(1) The number of children in a center, either in total or by age, will not exceed the capacity stated on the license.

(2) The licensing authority will count all children in the care of the licensed facility, including school age children and the children of staff members and volunteers, in the capacity of the facility, even if the children are on a field trip or other outing outside the licensed premises. The licensed capacity must not be exceeded by the presence of school-age children.

(3) A center must meet the following space requirements:

(a) Thirty-five (35) square feet of indoor activity space measured wall to wall on the inside for each child in a center, excluding single-use areas, such as restrooms, kitchens, halls and storage areas, and excluding offsets and built-in fixtures.

(b) Seventy-five (75) square feet of outdoor activity space for each child using the area at one time. The center will post the maximum capacity of the playground on the premises.

C. INCIDENT REPORTING REQUIREMENTS: A center will report immediately by phone to the licensing authority and follow-up in writing any incident that has threatened or could threaten the health and safety of children and staff members, such as, but not limited to:

(1) a lost or missing child;

(2) the death of a child;

(3) the abuse or neglect of a child;

(4) accidents, illness, or injuries that require medical care beyond on-site first aid;

(5) fire, flood, or other natural disaster that creates structural damages to a center or poses a health hazard;

(6) any of the illnesses on the current list of notifiable diseases and communicable diseases published by the office of epidemiology of the New Mexico department of health;

(7) any legal action against a center or staff members related to the care and custody of children; and

(8) any declaration of intention or determination to inflict punishment, loss, injury or pain on child or staff member by the commission of an unlawful act, such as, but not limited to, a bomb threat.

D. A center will notify parents or guardians in writing of any incident including, notifiable illnesses, that have threatened or could threaten the health or safety of children in the center. Incidents include, but are not limited to those listed in Subsection C of 8.16.2.20 NMAC.

E. Incident reports involving suspected child abuse and neglect must be reported immediately by the licensing authority to children’s protective services and local law enforcement. The licensing authority follows written protocols/procedures for the prioritization, tracking, investigation and reporting of incidents, as outlined in the complaint investigation protocol and procedures.

[8.16.2.20 NMAC - Rp, 8.16.2.20 NMAC, 02/14/05; A, 08/31/06]

8.16.2 NMAC 12

8.16.2.21 ADMINISTRATIVE REQUIREMENTS:

A. ADMINISTRATION RECORDS: A licensee will display in a prominent place:

(1) all licenses, certificates, and most recent inspection reports of all state and local government

agencies with jurisdiction over the center;

(2) the current child care regulations;

(3) dated weekly menus for meals and snacks;

(4) the guidance policy; and,

(5) the current list of notifiable diseases and communicable diseases published by the office of epidemiology of the New Mexico department of health.

B. MISSION, PHILOSOPHY AND CURRICULUM STATEMENT: All licensed facilities must

have a:

(1) mission statement;

(2) philosophy statement; and

(3) curriculum statement.

C. POLICY AND PROCEDURES: All facilities using these regulations must have written policies and procedures covering the following areas:

(1) actions to be taken in case of accidents or emergencies involving a child, parents or staff members;

(2) policies and procedures for admission and discharge of children;

(3) policies and procedures for the handling of medications;

(4) policies and procedures for the handling of complaints received from parents or any other person;

(5) policies and procedures for actions to be taken in case a child is found missing from the center;

(6) policies and procedures for the handling of children who are ill;

(7) an up to date emergency evacuation and disaster preparedness plan approved annually by the licensing authority; the department will provide guidance on developing these plans.

D. PARENT HANDBOOK: All facilities using these regulations must have a parent handbook which includes the following:

(1) GENERAL INFORMATION:

(a) mission statement;

(b) philosophy statement;

(c) program information (location, license information, days and hours of operation, services offered);

(d) name of director and how he/she may be reached;

(e) meals, snacks and types of food served (or alternatively, guidelines for children bringing their own food);

(f) daily schedule;

(g) expectations for parent involvement (e.g. participating as a volunteer in classroom, home visits, parent conferences, meetings/speakers, parent library or other information, etc.);

(h) appropriate dress for children, including request for extra change of clothes; and

(i) celebrating holidays, birthdays and parties.

(2) POLICIES AND PROCEDURES:

(a) enrollment procedures;

(b) dis enrollment procedures;

(c) fee payment procedures, including penalties for tardiness;

(d) notification of absence;

(e) fee credits, if any (e.g. for vacations, absences, etc.);

(f) field trip policies;

(g) health policies (program’s policies on admitting sick children, when children can return after an illness, administering medication, and information on common illnesses);

(h) emergency procedures and safety policies;

(i) snow days and school closure;

(j) confidentiality policy;

(k) child abuse/neglect reporting procedure; and

(l) guidance policy

8.16.2 NMAC 13

E. CHILDREN’S RECORDS: A center will maintain a complete record for each child, including drop-ins, completed before the child is admitted. Records will be kept at the center for twelve (12) months after the child’s last day of attendance. Records will contain at least:

(1) PERSONAL INFORMATION:

(a) name of the child; date of birth, sex; home address, mailing address and telephone number;

(b) names of parents or guardians, parents or guardians current places of employment, addresses, pager, cellular and/or work telephone numbers;

(c) a list of people authorized to pick up the child and an authorization form signed by parent or guardian;

(d) date the child first attended the center and the date of the child’s last day at the center;

(e) a copy of the child’s up-to-date immunization record or a public health division approved exemption from the requirement;

(f) a record of any accidents, injuries or illnesses which require first aid or medical attention which must be reported to the parent or guardian;

(g) a record of observations of recent bruises, bites or signs of potential abuse or neglect, which must be reported to CYFD;

(h) written authorization from the child’s parent or guardian to remove a child from the premises to participate in off-site activities;

(i) a record of the time the child arrived and left the center and dates of attendance initialed by a parent, guardian, or person authorized to pick up the child;

(j) an enrollment agreement form which must be signed by a parent or guardian with an outline of the services and the costs being provided by the facility; and

(k) a signed acknowledgment that the parent or guardian has read and understands the parent handbook.

(2) EMERGENCY INFORMATION:

(a) Information on any allergies or medical conditions suffered by the child.

(b) The name and telephone number of two (2) people in the local area to contact in an emergency when a parent or guardian cannot be reached. Emergency contact numbers must be kept up to date at all times.

(c) The name and telephone number of a physician or emergency medical center authorized by a parent or guardian to contact in case of illness or emergency.

(d) A document giving a center permission to transport the child in a medical emergency and an authorization for medical treatment signed by a parent or guardian.

(e) Documentation of the legal status of the child, if applicable, such as, but not limited to: restraining orders, guardianship, powers of attorney, court orders, custody by children’s protective services, etc.

F. PERSONNEL RECORDS:

(1) A licensee will keep a complete file for each staff member, including substitutes and volunteers working more than eight (8) hours of any week and having direct contact with the children. A center will keep the file for one (1) year after the caregiver’s last day of employment. Records will contain at least the following:

(a) name, address and telephone number;

(b) position;

(c) current and past duties and responsibilities;

(d) dates of hire and termination;

(e) documentation of a background check and employment history verification; all persons providing care are required to sign a statement that they have, or have never had, an arrest or substantiated referral to a child protective services agency; if the person has had an arrest or a substantiated referral, they must provide the CYFD with a written statement concerning the circumstances and disposition of the arrest and/or substantiated referral; 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 NMAC to continue to work directly and/or unsupervised with children;

(f) documentation of current first-aid and cardiopulmonary resuscitation training;

(g) documentation of all appropriate training by date, time, hours and area of competency;

(h) emergency contact number;

(i) universal precaution acknowledgment form;

(j) personnel action form;

(k) confidentiality form;

8.16.2 NMAC 14

(l) results of performance evaluations;

(m) administrative actions or reprimands;

(n) professional development plan or a written plan for each staff member, based on the seven areas of competency that is consistent with the career lattice based on the individual’s goals; and

(o) signed acknowledgment that the staff have read and understand the personnel handbook.

(2) A center will maintain dated weekly work schedules for the director, all staff, all care givers and volunteers and keep the records on file for at least twelve (12) months. The record will include the time the workers arrived at and left work and include breaks and lunch.

G. PERSONNEL HANDBOOK: The center will give each employee a personnel handbook that covers all matters relating to employment and includes the following critical contents:

(1) organizational chart;

(2) job descriptions of all employees by title;

(3) benefits, including vacation days, sick leave, professional development days, health insurance, break times, etc.

(4) yearly calendar, including meetings, holidays, professional development, etc.

(5) code of conduct;

(6) training requirements, career lattice, professional development opportunities;

(7) procedures and criteria for performance evaluations;

(8) policies on absence from work;

(9) grievance procedures;

(10) procedures for resignation or termination;

(11) copy of licensing regulations;

(12) policy on parent involvement;

(13) health policies related to both children and staff; and

(14) policy on sexual harassment.

[8.16.2.21 NMAC - Rp, 8.16.2.21 NMAC, 02/14/05; A, 08/31/06]

qaqq8.16.2.22 PERSONNEL AND STAFFING:

A. GENERAL PERSONNEL AND STAFFING REQUIREMENTS:

(1) All care givers will have the capability to care for and supervise children.

(2) In addition to the basic requirements in 8.16.2.18 NMAC of the general provisions the licensee will be responsible for obtaining background checks on all staff, volunteers, and prospective staff and volunteers.

The licensing authority will provide a copy of the regulations, fingerprint cards and instructions, and forms for recording an employment history. Care givers who work directly with children and who are counted in the staff/child ratios must be eighteen (18) years of age or older.

(3) Clerical, cooking and maintenance personnel who also care for children and are included in the staff/child ratio will have a designated schedule showing their normal hours in each role. Care givers counted in the staff/child ratios will not have as their primary responsibility cooking, clerical or cleaning duties while caring for children.

(4) Substitutes, volunteers, and part-time care givers counted in the staff/child ratios will meet the same requirement as regular staff members except for training requirements. Substitutes, volunteers, and care givers routinely employed in a center but working twenty (20) hours or fewer a week will complete half the required training hours. Such employees working more than twenty (20) hours a week will meet full training requirements.

See Paragraph (2) of Subsection B of 8.16.2.32 NMAC for additional training requirements.

B. STAFF QUALIFICATIONS AND TRAINING:

(1) DIRECTOR QUALIFICATIONS:

(a) Unless exempted under Subparagraph (b) below, a child care center will have a director who is at least twenty-one (21) years old and has proof of a current: 1) child development associate (CDA) certificate, certified child care professional credential (CCP), Montessori teacher certification, national administrator credential (NAC), one-year vocational certificate, or an associate of arts (AA) or applied science (AAS) degree in child development or early childhood education, and at least two (2) years of experience in an early childhood growth and development setting; or 2) a bachelor’s degree or higher in early childhood education or a related field with at least one (1) year of experience in an early childhood growth and development setting. Early childhood growth and development settings include, but are not limited to, licensed or registered family child care programs, licensed center-based early childhood education and development programs, and family support programs.

8.16.2 NMAC 15

(b) Current directors in a licensed center not qualified under these regulations will continue to qualify as directors as long as they continuously work as a director. Current directors having a break in employment of more than one (1) year must meet the requirements as specified in Subparagraph (a) above.

(2) TRAINING:

(a) The director will develop and document an orientation and training plan for new staff members and volunteers and will provide information on training opportunities. The director will have on file a signed acknowledgment of completion of orientation by employees, volunteers and substitutes as well as the director. New staff members will participate in an orientation before working with children. Initial orientation will include training on the following:

(i) scope of services, activities, and the program offered by the center;

(ii) emergency first aid procedures, recognition of childhood illness and indicators of child abuse;

(iii) fire prevention measures and emergency evacuation plans;

(iv) review of licensing regulations;

(v) policies regarding discipline, child abuse reporting, and handling of complaints;

(vi) review of written policies and procedures as defined in Subsection C of 8.16.2.21

NMAC;

(vii) center/parental agreement;

(viii) sanitation procedure;

(ix) written goals of the program;

(x) personnel handbook;

(xi) parent handbook;

(xii) names and ages of children;

(xiii) names of parents;

(xiv) tour of the facility; and

(xv) introduction to other staff and parents.

(b) Effective July 1, 2005, new staff members working directly with children regardless of the number of hours per week will complete the 45-hour entry level course or approved 3-credit early care and education course or an equivalent approved by the department prior to or within six months of employment. Existing staff will meet this requirement by December 31, 2005. Substitutes are exempt from this requirement.

(c) All staff members working directly with children and more than 20 hours per week, including the director will have at least twenty-four (24) hours of training each year. Training must address first aid, CPR, infection control and at least three (3) competency areas within one year and all seven areas within two (2) years. 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.

Training must be delivered by people who have relevant education or experience in the competency area (or areas) in which they train. Employees or relatives of employees who provide training must have prior approval by the department.

(d) Directors may count hours in personnel and business training toward the training requirement.

(e) Infant and toddler care givers must have at least four (4) hours of training in infant and toddler care within six (6) months of starting work. The four (4) hours will count toward the 24-hour requirement.

(f) A center will keep a training log on file with the employee’s name, date of hire, and position. The log must include date of training, clock hours, competency area, source of training, and training certificate. A college credit hour in a field relevant to the competency areas listed above will be considered equivalent to a minimum of 15 clock hours. See Paragraph (4) of Subsection A of 8.16.2.22 NMAC for requirements for centers that operate less than 20 hours per week.

C. STAFFING REQUIREMENTS:

(1) A director is responsible for one center only. Directors who are responsible for more than one center on the date these regulations are promulgated shall continue in that capacity. The director or co-director must be on the site of the center for a minimum of 50% of the center’s core hours of operation.

(2) During any absence, the director will assign a person to be in charge and will post a notice stating the assignment.

8.16.2 NMAC 16

(3) A program will maintain staff/child ratios at all times. Children must never be left unattended whether inside or outside the facility. Staff will be onsite, available and responsive to children during all hours of operation.

(4) A center will have a minimum of two staff members present at all times. If the center has less than 7 children, the second caregiver may conduct other activities such as cooking, cleaning, or bookkeeping, etc.

A center will keep a list of at least two (2) people who can substitute for any staff member. The list will include the people’s names, telephone numbers, background check, health certificates and record of orientation.

D. STAFF/CHILD RATIOS:

(1) Centers where children are grouped by age:

(a) Age in group: Six (6) weeks through twenty- four (24) months. - Staffing: One (1) adult for every six (6) children or fraction of group thereof.

(b) Age in group: Two (2) years. - Staffing: One (1) adult for every ten (10) children or fraction of group thereof.

(c) Age in group: Three (3) years. - Staffing: One ( 1) adult for every twelve (12) children or fraction of group thereof.

(d) Age in group: Four (4) years. B Staffing: One (1) adult for every twelve (12) children or fraction of group thereof.

(e) Age in group: Five (5) years.

B Staffing: One (1) adult for every fifteen (15) children or fraction of group thereof,

(f) Age in group: Six (6) years. B Staffing: One (1) adult for every fifteen (15) children or fraction of group thereof.

(2) CENTERS WHERE AGE GROUPS ARE COMBINED

(a) Age in group: Six (6) weeks through twenty-four (24) months. B Staffing: One (1) adult to every six (6) children or fraction of group thereof.

(b) Age in group: Two (2) through Four (4) years. B Staffing: One (1) adult to every twelve (12) children or fraction of group thereof.

(c) Age in group: Three (3) through Five (5) B Staffing: One (1) adult to every fourteen (14) children or fraction thereof.

(d) Age in group: Six (6) years and older. B Staffing: One (1) adult to every fifteen (15) children or fraction of group thereof.

(i) A center will schedule staff to minimize the number of primary care givers a child has during the day and the week. A child will have no more than three (3) primary, consecutive care givers in any day including care givers in the early morning and late afternoon.

(ii) The same staff member who cares for the children under age two (2) years will supervise those children when they play with children over two (2) years.

(iii) If a center groups toddlers ages eighteen (18) to twenty-four (24) months with children ages twenty-four (24) through thirty-five (35) months, the staff/child ratio shall be maintained at 1 staff per 6 children.

[8.16.2.22 NMAC - Rp, 8.16.2.22 NMAC, 02/14/05; A, 08/31/06]

8.16.2.23 SERVICES AND CARE OF CHILDREN:

A. DISCIPLINE:

(1) A center will have written policies and procedures clearly outlining disciplinary 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) Discipline will be consistent and age appropriate.

(3) Discipline will include positive guidance, redirection, and clear limits that encourage the child’s ability to become self-disciplined.

(4) A center will not use the following disciplinary practices:

(a) physical punishment of any type, including shaking, biting, hitting, pinching or putting anything on or in a child’s mouth;

(b) withdrawal of food, rest, bathroom access, or outdoor activities;

(c) abusive or profane language, including yelling;

(d) any form of public or private humiliation, including threats of physical punishment, and/or

(e) unsupervised separation.

8.16.2 NMAC 17

B. NAPS OR REST PERIOD: A center will provide physical care appropriate to each child’s developmental needs that will include a supervised rest period.

(1) Children under the age of six (6) years in the centers for more than five (5) hours will have a rest period.

(2) A center will allow children who do not sleep to get up and participate in quiet activities that do not disturb the other children.

(3) Cribs, cots or mats will be spaced at least 30 inches apart to permit easy access by adults to each child without moving cribs, cots or mats.

(4) Each child will have an individual bed, cot, mat or linens clearly labeled to ensure each child uses the same items between washing.

(5) Cots or mats will have a nonabsorbent, cleanable surface. Mats will be at least three-fourths (3/4) of an inch thick. Mats, cots and linens will be laundered before being used by another child.

(6) The center will provide a crib for each infant and, when appropriate, for a toddler. No child will be allowed to sleep in a playpen, car seat, stroller or swings. Children under the age of twelve (12) months shall be placed on their backs when sleeping unless otherwise authorized in writing by a physician. Nothing shall be placed over the head or face of a child aged twelve (12) months or younger when the child is laid down to sleep. Children with disabilities or medical conditions that require unusual sleeping arrangements will have written authorization from a parent or physician justifying the sleeping arrangement.

(7) Staff must be physically available to sleeping children at all times. Children must not be isolated for sleeping or napping in an unilluminated room unless attended by a caregiver.

(8) Illumination equivalent to that cast by a soft night light shall be operational in areas that are occupied by children who are napping or sleeping.

C. ENVIRONMENT:

(1) Environment is organized into identifiable learning centers/spaces.

(2) Each center is clearly defined, using shelves and furniture.

(3) Adults can visually supervise all centers at all times.

(4) The capacity of each room will be posted in an area of the room that is readily visible to parents, staff members and visitors.

D. EQUIPMENT AND PROGRAM:

(1) A child care center will provide activities that encourage children to be actively involved in the learning process and to experience a variety of developmentally appropriate activities and materials.

(2) A center will provide sufficient equipment, materials, and furnishings for both indoor and outdoor activities so that at any one time each child can be individually involved.

(3) Each child at a center will have a designated space for storage of clothing and personal belongings.

(4) A center will store equipment and materials for children’s use within easy reach of the children, including those with disabilities. A center will store the equipment and materials in an orderly manner so children can select and replace the materials by themselves or with minimal assistance.

(5) A center will provide children with toys and other materials that are safe and encourage the child’s creativity, social interaction, and a balance of individual and group play.

(6) A center will post a daily activity schedule. A center will follow a consistent pattern for routine activities such as meals, snacks and rest.

(7) Children will not watch television, videotapes, or play video games for more than one (1) hour a day.

(8) Equipment and program requirements apply during all hours of operation of the licensed facility.

E. OUTDOOR PLAY AREAS:

(1) Outdoor play equipment will be safe and securely anchored.

(2) A center will enclose the outdoor play area with a fence at least four (4) feet high and with at least one (1) latched gate available for an emergency exit.

(3) A center will place sufficient energy absorbing surfaces beneath climbing structures, swings and slides (as determined by Subsection P of 8.16.2.8 NMAC).

(4) An outdoor play area for children under age two (2) years will have an area protected from the general traffic where the children can crawl in safety.

F. SWIMMING, WADING AND WATER:

(1) Each child will have written permission from a parent or guardian before the child enters the pool.

(2) If a center has a portable wading pool:

8.16.2 NMAC 18

(a) a center will drain and fill the wading pool with fresh water daily and disinfect pool before and after each use;

(b) a center will empty a wading pool when it is not in use and remove it from areas accessible to children;

(c) a center will not use a portable wading pool placed on concrete or asphalt.

(3) If a center has a built in or above ground swimming pool, ditch, fishpond or other water hazard:

(a) the fixture will be constructed, maintained and used in accordance with applicable state and local regulations;

(b) the fixture will be constructed and protected so that, when not in use, it is inaccessible to children;

(c) when in use, children will be constantly supervised and the number of adults present will be proportional to the ages and abilities of the children and type of water hazard in use.

[8.16.2.23 NMAC - Rp, 8.16.2.23 NMAC, 02/14/05; A, 08/31/06]

8.16.2.24 FOOD SERVICE:

A. MEAL PATTERN REQUIREMENTS: All foods prepared by the center will conform to the schedule for meal patterns and supplemental feedings of the USDA’s child and adult care food program.

B. MEALS AND SNACKS:

(1) A center will provide a child a meal or snack at least every three (3) hours except when the child is sleeping at night.

(2) A center will serve, if necessary, a child a therapeutic or special diet with written prescription/diet orders from a physician or a recognized medical authority. Diet orders must be complete and descriptive, and not subject to interpretation by the center staff.

(3) A center will serve on a daily basis:

(a) full-strength, 100-percent natural juice; the use of fruit drinks containing less than 100% juice or artificially flavored drinks for meals and/or snacks is prohibited;

(b) only whole, pasteurized fluid milk shall be served to children younger than 24 months of age who are not on formula or breast milk; reduced fat, low fat, or skim milk may be served to children who are 2 years and older;

(c) a center will include a variety of fruits and vegetables on their menus; centers serving main meals must include a vitamin C rich fruit/vegetable or juice daily and a vitamin A rich fruit/vegetable or juice at least 3 times a week; and (d) a center will vary snacks each day and will include a selection of two (2) different food group components from the four (4) food group components.

C. MENUS:

(1) The same menu must not be served twice in one week.

(2) Posted menus shall be followed. Substitutions shall be of equivalent nutritional value and shall be recorded on the posted menu.

D. KITCHENS:

(1) A center will not allow children in the kitchen except under careful supervision.

(2) A food preparer will thoroughly wash all raw fruits and vegetables before cooking or serving.

(3) A center will serve food promptly and refrigerate immediately after use.

(4) A center will protect food and drink by properly storing items in an airtight container or by wrapping them. A center will label and date all leftover food.

(5) If food is brought from the child’s home, a center will label it with the child’s name and refrigerate if necessary. A center will label and refrigerate bottles of infant formula or breast milk.

(6) A center’s refrigerators and separate freezers will have working thermometers and keep food requiring refrigeration, including formula, at 41 degrees (fahrenheit) or below, and frozen food at 0 degrees (fahrenheit) or below.

(7) A center will protect all food from insects, rodents and other vermin.

(8) A center will discard any leftover milk or formula, rinse bottles after use and disinfect bottles before reuse.

(9) A center will sanitize eating utensils, dishes and cups before re-use by washing them in a dishwasher or by completing the following steps: 1) wash with soapy water; 2) rinse with clean warm water; and 3) sanitize using two ounces of bleach to one gallon of water or a bleach-equivalent product approved by CYFD.

8.16.2 NMAC 19

Disposable plates and cups and plastic utensils of food-grade, medium weight may be used for single service, but styrofoam cups may not be used.

(10) A center will use cleaning materials for the kitchen and food preparation areas only in the kitchen and will store the materials separately from food.

E. MEAL TIMES:

(1) A center will equip dining areas with tables, chairs, eating utensils and dishes appropriate to the age of the children served and disinfect the areas before and after use.

(2) Staff/child ratios must be maintained at meal times.

(3) Adults must sit with the children at meal and snack times.

(4) Time allowed for meals shall enable the children to eat at reasonable rate.

(5) A center will provide sanitary cups or glasses or a drinking fountain for drinking water. Infants and toddlers shall be offered water from a cup. Toddlers shall be encouraged to hold and drink from a cup, use a spoon, and to use their fingers for self-feeding. A center will not allow children to share drinking or eating utensils.

[8.16.2.24 NMAC - Rp, 8.16.2.24 NMAC, 02/14/05]

8.16.2.25 HEALTH AND SAFETY REQUIREMENTS:

A. HYGIENE:

(1) Children and staff members will wash their hands with soap and warm running water as needed.

Staff and children will wash their hands whenever hands are contaminated with body fluids and always:

(a) after using a toilet, assisting a child with toilet use, or changing a diaper;

(b) before and after caring for a sick child;

(c) before any food service activity, including setting the table;

(d) before and after eating;

(e) before and after feeding a child; and

(f) after handling pets or animals.

(2) A center will label with the child’s name and store separately any item used for an individual child’s personal hygiene.

(3) If a center promotes tooth brushing activities, the center will store toothbrushes so that they do not drip on other toothbrushes and so that they are separate from one another, with bristles exposed to the air to dry, labeled and not in contact with any other surface.

B. FIRST AID REQUIREMENTS:

(1) A center will have on duty at all times one (1) staff member or caregiver currently certified in firstaid and cardiopulmonary resuscitation (CPR).

(2) A center will keep a first-aid kit and a first-aid manual together in the center in a location inaccessible to children and easily accessible to adults. The first aid kit will contain, at a minimum, band aids, gauze pads, adhesive tape, scissors, soap, nonporous gloves, and a thermometer.

(3) A center will treat blood spills cautiously and promptly disinfect the area. Staff members will wear non-porous, single-use gloves when handling a blood spill, bloody diarrhea, bloody nose, or any other blood.

A center will clean contaminated surfaces first with hot soapy water then with a disinfecting solution effective against HIV and hepatitis B.

C. MEDICATION:

(1) All staff and children’s medications must be labeled. A center will keep all medications in a locked and identified container inaccessible to children and will refrigerate medications when necessary. If the refrigerator is inaccessible to children, medications do not need to be in a locked container in the refrigerator.

(2) Facilities will give medication only with written permission from a parent or guardian, to be administered according to written directions from the prescribing physician. In the case of non-prescription medication, written instructions must be provided by the parent or guardian.

(3) A designated staff member will be responsible for giving medication to children. The designated staff member will ensure non-prescription and prescription medications have a label with the child’s name and the date the medication was brought to the center. A center will keep non-prescription and prescription medication in the original container with written instructions, including the name of medication, the dosage, and the hours and dates the child should receive the medicine.

(4) The designated staff member will keep and sign a written record of the dosage, date and time a child is given medication with the signature of the staff who administered the medication. This information will be provided to the parent or guardian who will initial/date acknowledgment of information received on the day the medication is given.

8.16.2 NMAC 20

(5) When the medication is no longer needed, it shall be returned to the parents or guardians or destroyed. The center shall not administer expired medication.

[8.16.2.25 NMAC - Rp, 8.16.2.25 NMAC, 02/14/05; A, 08/31/06]

8.16.2.26 ILLNESS:

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 child’s illness.

C. A center will send a child home when:

(1) the child’s oral temperature is 101 degrees (fahrenheit) or greater or armpit temperature is 100.4 degrees (fahrenheit) or greater and the child shows signs of illness; or (2) a caregiver observes signs of contagious disease or severe illness.

D. The center will have a cot or mat available for sick children and it will be disinfected thoroughly after each use.

[8.16.2.26 NMAC - Rp, 8.16.2.26 NMAC, 02/14/05]

8.16.2.27 OTHER:

A. TRANSPORTATION:

(1) 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 fire extinguisher, first-aid kit, first-aid manual, water and blanket.

(2) A center will license all vehicles used for transporting children and will meet all applicable state vehicle laws. A child shall be transported only if the child is properly secured in a child passenger restraint device or by a safety belt as follows.

(a) Children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side air bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag.

(b) Children one year of age through four years of age, regardless of weight, or children who weigh forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards.

(c) Children five years of age through six years of age, regardless of weight, or children who weigh less than sixty pounds, regardless of age, shall be properly secured in either a child booster seat or an appropriate child passenger restraint device that meets federal standards.

(d) Children seven years of age through twelve years of age shall be secured in a child passenger restraint device or by a seat belt.

(3) Vehicles used for transporting children will be enclosed and properly maintained. Vehicles shall be cleaned and inspected inside and out.

(4) Vehicles operated by the center to transport children shall be air-conditioned whenever the outside air temperature exceeds 82 degrees Fahrenheit. If the outside air temperature falls below 50 degrees Fahrenheit the center will ensure the vehicle is heated.

(5) A center will load and unload children at the curbside of the vehicle or in a protected parking area or driveway. The center will ensure children do not cross a street unsupervised after leaving the vehicle.

(6) No one will smoke in a vehicle used for transporting children.

(7) A second adult will accompany the driver of the vehicle when a center transports five (5) or more children under age five (5) years.

(8) Children may be transported only in vehicles that have current registration and insurance coverage. All drivers must have current driver’s license and comply with motor vehicle and traffic laws. Persons who have been convicted in the last seven years of a misdemeanor or felony DWI/DUI cannot transport children under the auspices of a licensed facility/program.

B. FIELD TRIPS:

(1) A center will ensure the children’s safety on field trips and excursions. See Subparagraph (g) of Paragraph (1) of Subsection C of 8.16.2.21 NMAC for requirements for permission slips.

(2) Children will not go to a private residence unless accompanied by two (2) adults.

C. PETS:

8.16.2 NMAC 21

(1) A center will inform parents or guardians before pets are allowed in the center.

(2) A center will not allow pets in the kitchen, food serving, food storage areas, bathrooms, or infant room.

(3) A center will inoculate any pets as prescribed by a veterinarian and keep a record of proof of inoculation prior to the pet’s presence in the center.

(4) A center will not allow on the premises pets or other animals that are undomesticated, dangerous, contagious or vicious.

D. CARE AND SERVICES FOR CHILDREN WITH SPECIAL NEEDS:

(1) Child care facilities are responsible for staff awareness of community resources for families of children with disabilities, including children under the age of five (5) years as well as those of school age. If a child is suspected of having a disability, at the director’s discretion, staff must inform parents of possible resources for referral and assistance. Family Education Right and Privacy Act (FERPA) will be respected in that no referral for special needs services to an outside agency will be made without a parent’s written informed consent.

(2) A child with a known disability may be admitted to a center as instructed by parents, service, educational and/or medical plans that address emergency situations under the guidance of a primary service provider (early interventionist, school, or licensed specialist).

E. INFANTS AND TODDLERS:

(1) A center will not admit any child under the age of six (6) weeks except with the written approval of a licensed physician.

(2) A center will care for children under age two (2) years in rooms separate from those used by older children. Children age six (6) weeks to twelve (12) months may be in the same room with children age thirteen (13) to twenty-four (24) months, when they are physically separated from the older children. A center may group toddlers ages eighteen (18) to twenty-four (24) months with children ages twenty-four (24) through thirty-five (35) months.

(3) Throughout the day, a caregiver will give each infant and toddler physical contact and attention.

A caregiver will hold, talk to, sing to and take inside and outside walks with the child. A caregiver will respond immediately to all cries of infants and to the cries of all children within two (2) minutes.

(4) A caregiver will use routine activities such as nap time, feeding, diapering and toileting as opportunities for language development and other learning.

(5) Each infant shall be allowed to form and observe his/her own pattern of feeding, sleeping and waking periods.

(6) A center will arrange the sleeping and play areas so that children in the play area do not disturb sleeping children.

(7) Infants shall either be held or fed sitting up for bottle-feeding. Infants unable to sit shall always be held for bottle-feeding. Bottle propping or allowing a child to sleep with a bottle in their mouth shall not be permitted. The carrying of bottles and sipper cups by young children throughout the day and/or night shall not be permitted.

(8) Foods served will meet the nutritional needs of the infant or toddler. Foods will have the proper texture and consistency for each infant served.

F. DIAPERING AND TOILETING:

(1) A caregiver will plan toilet training with a parent so the toilet routine is consistent. A center will not attempt to toilet train a child who is not developmentally ready.

(2) A center will change wet and soiled diapers and clothing promptly. Staff members will wear nonporous, single-use gloves when changing a diaper and wash their hands after changing a diaper.

(3) A center will have a change of clothes on hand, including dry, clean clothing and diapers sufficient to meet the needs of each child. A center will label diapers and diapering supplies for each child and store them properly. Diaper bags will be inaccessible to children. Soiled diapers will be stored in a secure container with a tight-fitting lid to assure proper hygiene and control of odors.

(4) A caregiver will change a child’s diaper on a clean, safe, waterproof surface and discard any disposable cover and disinfect the surface after each diaper change.

G. EQUIPMENT:

(1) Cribs will meet federal standards and be kept in good repair. The center will not use plastic bags or lightweight plastic sheeting to cover a mattress and will not use pillows in cribs.

(2) Toys and equipment must be safe, durable, and easy to clean, non-toxic and disinfected daily.

Toys that are mouthed by infants and toddlers will be cleaned after mouthing by one child before other children do the same.

8.16.2 NMAC 22

(3) A center will not use accordion-style baby gates.

I. ACCREDITED CENTERS: Accredited centers must meet and maintain all licensing standards and their CYFD-approved national accreditation without a lapse in order to continue to receive augmented child care reimbursement rates. The licensing authority may, at its option, notify the center’s accrediting body of the center’s failure to meet and maintain licensing standards.

[8.16.2.27 NMAC - Rp, 8.16.2.27 NMAC, 02/14/05; A, 08/31/06]

8.16.2.28BUILDING, GROUNDS AND SAFETY REQUIREMENTS:
A. HOUSEKEEPING:

(1) A center will keep the premises, including furniture, fixtures, floors, drinking fountains, toys and equipment clean, safe, disinfected and in good repair. The center and premises will be 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 storage or preparation areas.

(3) All garbage and refuse receptacles will be durable, constructed of materials that will not absorb liquids and have tight fitting lids.

B. PEST CONTROL:

(1) All licensed child care centers must use a  New Mexico  licensed applicator whenever applying pesticides on the center’s buildings or grounds.

(2) The licensed applicator may not apply pesticides when children are on the premises.

(3) Parents, guardians, and staff must be notified at least two days prior to spraying or applying pesticides.

(4) All food storage, preparation, and serving areas must be covered and protected from spraying or application of pesticides.

C. MECHANICAL SYSTEMS:

(1) A center will maintain comfortable temperatures (68 degrees through 82 degrees fahrenheit) in all rooms used by children. A center may use portable fans if the fans are secured and inaccessible to children and do not present any tripping, safety or fire hazards. In the event air temperature in a center exceeds the 82 degrees fahrenheit in the summer months because of evaporative cooler temperature limitations, it will be verified that cooling equipment is functioning, is being maintained, and that supplemental aides have been employed, such as, but not limited to: ceiling fans, portable fans, or portable evaporative coolers.

(2) A center must maintain all heating and cooling equipment so that it is in good working order.

(3) A center will not use un-vented heaters, open flame heaters or portable heaters. A center will install barriers or take other steps to ensure heating units are inaccessible to children. Heating units include hot water pipes, hot water baseboard heaters hotter than 110 degrees Fahrenheit, fireplaces, fireplace inserts and wood stoves.

(4) A center will provide fresh air and control odors by either mechanical or natural ventilation. If a center uses a window for ventilation, it will have a screen. If a door is used for fresh air ventilation, it must have a screen door.

(5) Water stored in a water heater will be above 124 degrees (fahrenheit) and water coming from a faucet will be below 110 degrees (fahrenheit). A center will install a tempering valve ahead of all domestic waterheater piping.

D. WATER AND WASTE: All food preparation areas, sinks, washrooms, laundries, bathrooms and any self-contained area for infants and toddlers in diapers will have hot and cold running water pressure.

E. LIGHTING, LIGHTING FIXTURES AND ELECTRICAL:

(1) All areas will have sufficient glare-free lighting with shatterproof or shielded bulbs.

(2) A center will have emergency lighting that turns on automatically when electrical service is disrupted.

(3) Use of electrical cords and outlets:

8.16.2 NMAC 23

(a) A center will use U/L approved equipment only and will properly maintain this equipment.

(b) All electrical outlets within reach of children will be safety outlets or will have protective covers.

(c) The use of multi-prong or gang plugs is prohibited. Surge protectors are not gang plugs under these regulations.

F. EXITS AND WINDOWS:

(1) When an activity area does not have a door directly to the outside, at least one (1) window in each activity area must be able to be opened for emergency egress with a minimum net clear opening of 5.7 square feet.

The minimum net clear opening for height dimension must be twenty-four (24) inches. The minimum net clear opening width dimension must be twenty (20) inches, and the finished sill height must not be more than forty-four(44) inches above the floor.

(2) There must be at least two (2) exits remote from each other on each floor of the center.

(a) All exits must be marked, including fire exits, by signs having letters at least six inches (6") high whose principal strokes are at least three-fourths (3/4) of an inch wide.

(b) When illuminated exit signs are installed they must be maintained in operable condition.

(3) Exit ways must be kept free from obstructions at all times.

(4) Activity areas for children must have windows and/or skylight area of at least 1/20th of the floor area.

G. TOILET AND BATHING FACILITIES:

(1) A center will have one (1) sink with hot and cold running water in any self-contained room for infants and one (1) toilet and one (1) sink for a self-contained toddler room or a combination toddler/infant room.

This sink will not be used for food preparation. The toilet designated for the self-contained toddler room or combination toddler/infant room shall be used exclusively by these children.

(2) All toilet rooms will have toilet paper, soap and disposable towels at a height accessible to children. A center will not use a common towel or wash cloth.

(3) All closets and bathroom locks must have an outside release. A center will enclose all bathrooms.

Bathrooms must be accessible and functional.

(4) Toilets and lavatories must be provided in the following ratios:

(a) one (1) toilet and one (1) lavatory for one (1) to twelve (12) children;

(b) two (2) toilets and two (2) lavatories for thirteen (13) through twenty-five (25) children;

(c) one (1) toilet and one (1) lavatory for each additional fifteen (15) children or fraction thereof;

(d) when a center’s capacity exceeds 30 children a separate toilet room must be provided for staff.

H. SAFETY COMPLIANCE:

(1) A center will conduct at least one (1) fire drill each month.

(2) A center will:

(a) hold the drills at different times of the day;

(b) use the fire alarm or detector system; and

(c) emphasize an orderly rather than a speedy evacuation;

(d) a center will keep a record of the fire drills with the date, time, number of adults and children participating, and any problems encountered during the fire drill on file for at least 12 months;

(e) a center shall request an annual fire inspection from the fire authority having jurisdiction over the center; if the policy of the fire authority having jurisdiction does not provide for an annual inspection of the center, the center must document the date the request was made and to whom; a copy of the latest inspection must be posted in the center;

(f) a center will post an evacuation plan in each room used by children;

(g) a center will keep a telephone in an easily accessible place for calling for help in an emergency and will post emergency phone numbers for fire, police, ambulance and the poison control center next to the phone; a center will not use a pay phone to fulfill this requirement;

(h) a center must be equipped with an approved, manually operated alarm system or other continuously sounding alarm approved in writing by the fire authority having jurisdiction;

(i) a center must be equipped with smoke detectors approved in writing by the fire authority having jurisdiction as to number, type, and placement;

(j) a center must have a minimum of two (2) 2A10BC fire extinguishers, one (1) located in the kitchen or food preparation area, and one (1) centrally located in the center; and 8.16.2 NMAC 24

(k) fire extinguishers, alarm systems, automatic detection equipment, and other fire fighting must be properly maintained and inspected on a least yearly basis; fire extinguishers must be tagged noting the date of inspection; see Paragraph 2 of Subsection E of 8.16.2.28 NMAC for emergency lighting requirements.

I. SMOKING, FIREARMS, ALCOHOLIC BEVERAGES, ILLEGAL DRUGS AND

CONTROLLED SUBSTANCES: A center will prohibit smoking in all areas, including vehicles, and will not allow any alcoholic beverages, firearms, or non-prescription controlled substances (drugs) on the premises or in vehicles.

Possessing or knowingly permitting illegal drugs or non-prescription controlled substances to be possessed or sold on the premises at any time regardless of whether children are present is prohibited.

[8.16.2.28 NMAC - Rp, 8.16.2.28 NMAC, 02/14/05]