Start a Daycare in New Mexico – Licensing – Regulations – Laws

New Mexico Daycare Licensing

The number of daycare centers are increasing every year. The role of these centers is becoming more significant each day. It seems to be a very interesting business venture these days, there are actually very strict requirements that must be followed before this is allowed to operate. These rules and policies which the licensing department has set ensure that the daycare facility will be able to serve the families in the best way. It will leave parents with a sure decision to entrust their children to these facilities without any doubt of their capability to take care of the children.

The Licensing Department of New Mexico set strict regulations for childcare facilities. They take responsibility in licensing these centers and also providing the processes and information which applicants need to comply with before setting up a daycare. It involves administration, staff requirements, health, zoning and programs for the child care facility. Each has its own set of regulations that must be followed. This department assist those who wish to open a facility to complete the process of application and make it easier for them.

Regulations set by the authorities are very specific and will render different sanctions upon violation. The department will check if any policies or regulations provide potential risks to children and staff members in the facility. They will investigate on reports of violation but will give a change for appeal which must be filed within a specific time frame. Decisions are made within a span of few days to weeks whether the license will be denied or not.

The facility may make their own modifications if some are not applicable or if they have enough reason to believe that the guidelines set will not be beneficial to the children. By altering them, the facility must provide complete explanation why changing the regulations will be more beneficial for children and staff members.

It may discourage a lot of individuals planning to set up a child care center. These must be seen in a positive way to help these people out. It is not a matter of delaying any of the application processes but making sure that the facility will be set up to benefit the children and families. As the primary purpose is to ensure safety, health and security of parents even with out them, the department has these regulations to be strictly followed.

LICENSING ACTIONS AND ADMINISTRATIVE APPEALS

Daycare centers who are receiving higher than base level child care assistance reimbursement than what is allowed may be subject to revocation, suspensions, denial of reapplication of the license or monetary sanctions. The following reasons are not allowed in such case:

(1) If the child care center is believed to be incapable of ensuring the safety, health and welfare of the children.

(2) Not allowing an of the representatives of the licensing department to check the facility for any checks or investigations

(3) Reporting false information on records submitted to the licensing department..

(4) Allowing any individual who has a record in Background Checks to be in contact with children. This also applies for family members or teen children in a family child care of group child care home.

(5) Late submission of background checks required by the licensing authorities.

(6) Employed any individual who has health and conduct impairments that may risk the health, safety and welfare of the children

(7) The facility has exceeded the number of children allowed as stated in the license.

(8) Failure to comply with any regulations which are declared by the facility.

(9) Any previous revocations, suspensions and loss of accreditation will immediately result in a lower reimbursement level.

(10) Possessing or selling controlled substances or illegal drugs within the child care facility whether children are present or not.

B. Initiating any investigations related to the law will be considered grounds for suspension of license immediately while investigation is still ongoing. Once results are released, the licensing department will decide on the final decision on the daycare license.

C. Departments may submit a written complaint against a facility if discovered violating the license including the reason for such.

D. The daycare center is allowed to have administrative review of any of the actions decided upon by the department. It is done by a hearing officer assigned by the department secretary.

E. Any decision that is effective immediately should allow the licensee to file administrative appeal within 5 days.

F. If the decision is to suspend the license, the daycare may choose to postpone hearing until the investigation is done.

G. Should the decision not take immediate effect, they licensee may file administrative appeal within 10 days from notice date.

H. If the daycare facility is found to violate the Public Health act and is proven to have nto provided enough protection for abuse of children, the following may be done:

(1) The department will investigate on the reports submitted to them. They have the right to notify the facility for suspension. The daycare will have a chance for hearing that must be done within three working days.

(2) The department secretary has to make the decision within 7 working days if the license will be suspended if proven to risk health and safety of children. This will be effective for 15 days or more.

(3) The parents will be notified within 7 working days of the hearing that will be done to the child care facility.

(4) Within the 15 day –suspension of the facility, the department will decide on any other actions that will be taken on the facility.

BACKGROUND CHECKS

The Background Checks and Employment History Verification rules will be the basis of all background checks done in daycare facilities. These were set by the children, youth and families division.

CHILD CARE CENTER REGULATIONS

APPLICATION TO CHILD CARE CENTERS

All licensed child care centers are non-residential facilities that provide care, education and supervision to children less than 24 hours per day.

NEW PROGRRAMS FOR CHILD CARE

New child care centers must be licensed and follow regulations set by the department. In order for processing of the license, all requirements must be met.

SPECIAL REQUIREMENT FOR NEW CHILD CARE CENTERS

New child care services who wish to apply for a license must submit a proposal to the licensing department which includes the following information:

(1) Any modifications in the services and explaining why these are needed by children

(2) Enumerate the parts of the rules and programs that will be modified

(3) The ways in which the day care facility will modify the programs but still be able to meet the same objectives of these.

SPECIAL REQUIREMENTS FOR CHILD CARE CENTERS NEAR CORRECTIONAL FACILITIES

(1) Security measures or modifications which guarantees the safety of children and even staff members in the facility.

(2) The way these security measures were modified should there be conflict but still be able to meet the objectives set by the department.

LICENSING REQUIREMENTS:

(1) APPLICATION FORM:

The application form must be obtained from the licensing department and accomplished prior to submission together with the application fee.

(2) BACKGROUND CHECK:

The latest versions of the Employment History Verification provisions and records for employment history records are provided by the licensing department to the applicant. This must be the basis of completing background checks on staff members, applicants and volunteers and must meet all the requirements. This must be accomplished before issuing the license.

(3) ZONING, BUILDING AND OTHER APPROVALS:

The daycare facility should have an approval for zoning regulations from the city, county and state it is located. In addition to this, they should also have a 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 for the following:

(a) kitchen where meals are prepared and will be served to the children

(b) water supply if from private source

(d) swimming pool, if the facility has one

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

(a) Access of disabled individuals must be allowed in new facility for:

(i) The main entry with a ramp for wheelchair having 12-inch horizontal measurement for each inch of vertical measurement.

(ii) At least one bathroom with clearance of 32 inches for the door and toilets must have 60-inch diameter turning radius

(iii) Ramps having more than 6-inches height should have handrails attached to the side for accessibility.

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

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

(b) These are only minimum requirements, there will be additional ones added if seen needed for bigger or more complex child care centers.

(5) SCHEDULE:

Applicants must always include the proposed schedule of activities in the application.

(6) INITIAL SURVEY:

The licensing department will schedule a survey for a center upon receiving accomplished application with 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) Indoor activity are must be at least 35 square inches which is measured from one wall to the other. This space will be allocated for each child in the facility and not including area kitchen space, halls, restrooms, storage areas, other single use areas.

(b) Outdoor activity space for each child must be at least 75 square feet. This is applicable for use one at a time. The facility must post the maximum capacity of the playground on the premises.

C. INCIDENT REPORTING REQUIREMENTS:

It is required to report immediately via phone any incidents that have threatened the safety of children. After reporting, a written report must be submitted after to the licensing department. Cases which must be reported are:

(1) Missing child

(2) Death of a child

(3) Abuse of a child

(4) Accidents, illness, or incidents that call for medical help outside the facility

(5) Natural disasters which have destroyed the facility and pose danger to the staff and children

(6) Legal cases for staff members, personnel and household who are in contact with the children.

(7) Bomb threats and such threats which imply harm to the children or staff members

D. The child care facility is responsible for informing the parents and guardians of incidents and conditions that have threatened or cause threats to the safety and health of the children in the facility.

E. Child abuse and neglect which were reported must be forwarded to the licensing department and children’s protective services and law enforcement. There will be corresponding investigations that will be done upon reporting of the incident.

ADMINISTRATIVE REQUIREMENTS

A. ADMINISTRATION RECORDS:

The following must be posted in an obvious area in the childcare facility:

(1) licenses, certificates and reports which were approved or granted by state and local government agencies

(2) Child care regulations and policies

(3) Weekly menus for snacks and meals that will be served

(4) Updated list of notifiable communicable diseases published by the office of epidemiology of the New Mexico department of health.

MISSION, PHILOSOPHY AND CURRICULUM STATEMENT:

All licensed child care facilities must have an existing mission, philosophy and curriculum statement.

POLICY AND PROCEDURES:

Licensed facilities should have a copy posted and on file of the following policies:

(1) Accidents or emergencies affecting children, staff member or parents within the facility

(2) Attending to medical needs of children including administering medication, admission and discharge in clinics

(3) Handling complained from parents or guardians

(4) For missing children from the daycare facility

(5) Current emergency evacuation during disasters which is approved by the licensing department

D. PARENT HANDBOOK:

(1) GENERAL INFORMATION:

The following information must be seen in the handbook:

(a) Statement of missions and philosophies

(b) License information including the location, hours of operation and services offered.

(d) Meals and snacks which will be served

(e) Daily schedules and activities that require presence of parents

(f) Celebrating holidays and parties

(2) POLICIES AND PROCEDURES:

The Following Must Be Enumerated With Clear and Concise Instruction:

(a) Procedures for enrollment and withdrawals

(b) Procedures for tardiness or absence

(d) Health policies

(e) Confidentiality and guidance policies

(f) Procedure in reporting child abuse or neglect

E. CHILDREN’S RECORDS:

The daycare facility should always have complete set of records for children before they are admitted. These records must be kept for 12 months from the last day of the child in the facility. The following information must be in the records:

(1) INFORMATION:

(a) The name of the child, sex, birthdate and all contact details.

(b) The names of parents/guardians, authorized people to pick up the children, their employment information and all contact details.

(d) First and last day of the child in the facility with the accurate time of arrival and departure, signed by the parent or guardian

(e) Accidents, illnesses or incidents which needed first aid or medical attention and reported to parents.

(f) Authorization letter from the parent or guardian allowing children to participate in activities outside the facility.

(g) Reports of bruises, bites and other signs of potential child abuse.

(h) Enrollment form signed by parents or guardian that indicates the programs and the fees paid

(i) Parents signed agreement upon reading the handbook

(2) EMERGENCY INFORMATION:

(a) All pertinent information involving any allergies and conditions suffered by the child.

(b) The name and contact details of 2 people in the local area to contact in case of an emergency in the absence of parents.

(c) The name and contact details of a doctor and medical center that can be contacted in case of emergency including permission for transfers and medical treatment.

(e) Legal status of the child enrolled. These include any restraining orders, powers of attorney, custody cases, court orders.

F. PERSONNEL RECORDS:

Personnel records are also kept complete in the facility for staff members, substitutes and volunteers. This will be kept 1 year after the last day of the personnel.

Pertinent information needed for the records are name, contact details, position, employment dates, history, background checks. Part of this will be detailed time-in and time-out of the employees.

Documents that indicate CPR and first aid training, performance evaluations, reprimands and confidentiality forms are included in the report.

Lastly, a signed acknowledgement of understanding the personnel handbook is included in the report.

SERVICES AND CARE OF CHILDREN

A. DISCIPLINE:

(1) Disciplinary practices will be completed stated and parents or guardians are required to sign as acknowledgement of understanding the policies.

(2) Discipline is age-specific and will ensure there is positive guidance that will trigger self-discipline among the children

(3) The facility will not discipline students by physical punishment, yelling, use of profane language, withdrawal of food , unsupervised isolation and private or public humiliation.

B. NAPS OR REST PERIOD:

All rest periods of children will be supervised by staff members.

(1) Children 6 years old or younger staying for more than 5 hours will be given rest period.

(2) Children not sleeping will participate in activities that will not disturb others.

(3) There must be 30 inches of space in between individual sleeping mats and cribs. All mats and cribs are labelled.

(4) Mats used for sleeping are lined with non absorbent material having ¾-inch thickness.

(8) Ideal illumination must be of a night light in the sleeping area.

C. ENVIRONMENT:

(1) The facility will be separated into specific learning areas with clean division using shelves and furniture.

(2) Adults can supervise the learning areas at any time

(3) Each area will have its own capacity which will be posted for parents, visitors and staff to see.

D. EQUIPMENT AND PROGRAM:

(1) Each facility should be read with programs and activities for children to participate in that enhance the learning and developmental process. Materials available are enough for the number of children.

(2) Children will each have a space where they can place personal items.

(3) Materials and equipment for children are stored in areas that are accessible for them. These will be stored and used in an orderly manner whether for individual use or group use.

(4) The daily schedule of activities are posted in the facility.

(5) Limit for watching TV, videos and playing video games is only for 1 hour per day.

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 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) Written permission must be provided by parents allowing them to use the pool

(2) Portable pools must be drained and filled up with fresh water daily and must be disinfected before and after use.

(3) Swimming pools or ponds built in grounds must be constructed in approved areas by state and local regulation. HEALTH AND SAFETY REQUIREMENTS

A. HYGIENE:

(1) Washing of hands is done using soap and warm running water. Staff and children have to observe this during:

(a) Using the toilet or diaper change

(b) Caring for a sick child

(d) Before and after eating of feeding the child

(e) After handling animals

(2) Items used for personal hygiene such as towels and toothbrushes will be labelled and stored separately and properly to prevent contamination.

B. FIRST AID REQUIREMENTS:

(1) The facility must always have at least 1 staff member trained in CPR and first aid.

(2) The facility must always have a first aid kit and manual which is kept in an area not accessible to children. It should include band aid, gauze, tape, soap, thermometer, gloves and scissors.

(3) Area contaminated with blood spills should always be disinfected with hot water plus soap followed by a solution against Hepatitis B and HIV.

C. MEDICATION:

(1) Medication of children and staff must be properly labelled as these will be kept in a locked container out of children’s reach.

(2) Medication will only be given with proper permission from parents or guardian. Presciption medication will be given as directed by the physician .Non-prescription medication will be given as directed by parents.

(3) There will be an assigned personnel who will administer medication. He will keep records of times and dates the medication was given and it will be signed. This will be shown and signed by parents or guardians.

(5) Medication no needed will be returned to the parents or guardians or destroyed.

Worker Qualifications

Teacher/Caregivers: Must be at least 18 years old and has the ability to care for children. They must submit the resume, employment history and supporting documents. Caregivers must pass the background check and give fingerprint cards.

Directors: Must be 21 years or older who has a CDA , certified child care professional credential , , national administrator credential , certification as Montessori teacher, 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 years of experience in an early childhood growth and development setting.

He may also have a a bachelor’s degree or higher in early childhood education with at least one year of experience in an early childhood growth and development setting.

Current directors in a licensed center who are not qualified may be recognized as qualified as long as they work in the said position. Current directors having a break in employment of more than a year must meet the requirements of new directors.

TRAINING:

The Director will be responsible in orienting and training new staff members regarding the following:

(i) Activities, services and programs of the center.

(ii) Emergency first aid procedures and administering medication to sick children.

(iii) Emergency evacuation plans

(iv) Licensing regulations;

(v) Policies regarding discipline, child abuse and neglect.

(vi) Review of written policies and procedures:

(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.

The training will require the staff member to sign a completion sheet which will be filed together with personnel records.

STAFFING REQUIREMENTS:

(1) The director is responsible for one child care facility. If more than one facility is managed, he must be present on each facility for more than 50% of the total hours of operation.

(2) The director will assign a substitute in his absence which will be posted in the facility.

(3) The staff/child ratio must always be maintained. The staff must ensure that they will watch over and respond to the needs of the children.

(4) A center will have a minimum of two staff members present at all times. The child care staff is allowed to assign other activities for the children if the total number is less than 7. A center will keep a list of at least two people who can substitute for any staff member at any given time.

Provider/Child Ratio

Age Range	Ratios for Center Based Care in New Mexico State
Infants	(1:6)
Toddlers	(1:6)
Preschool	(1:12)
Schoolage	(1:15)
Mixed age group	same as above
Age Range	Ratios for Family Child Care in New Mexico State
All ages	(1:6) and (2:7-12) with no more than 2 children under the age of 2 years; includes provider’s children under the age of 6 years

Contact Information

Child Care Licensing Agency
New Mexico Dept. of Children, Youth and Families
1920 Fifth Street
P.O. Drawer 5160
Santa Fe, NM 87505
Fax: (505) 827-7361
Hotline: (800) 610-7610 ext. 77499

Child Care Subsidy Agency
New Mexico Children, Youth and Families Department
Child Care Services Bureau
P.E.R.A. Building, Room 121
P.O. Drawer 5160
Santa Fe, NM 87502-5160
Phone: (505) 476-0453
Toll Free: (800) 832-1321
Fax: (505) 827-7361

Head Start – State Collaboration Office
Department of Children, Youth and Families
PERA Building, Room 116 B
P.O. Drawer 5160
Sante Fe, NM, 87502-5160
Phone: (505) 827-8409
Fax: (505) 476-0490

Child Care Food Program Agency
New Mexico Department of Education
120 South Federal Place, Room 106
Santa Fe, New Mexico 87501-2786
Phone: (505) 827-1821
Fax: (505) 827-1815

State Child Care Resource & Referral Contact
Center for Family & Community
University of New Mexico
Hokona Hall, Room 376
Albuquerque, NM 87131
Phone: (505) 277-7900 Office of Child Support Enforcement
Child Support Enforcement Division
Department of Human Services
P.O.Box 25110
Santa Fe, New Mexico 87504
Phone (505) 476-7207
Fax: (505) 476-7045

Child Abuse Reporting Hotline
To report suspected child abuse in New Mexico, call (800) 797-3260.

For national child abuse information, call the Childhelp USA National Child Abuse Hotline (staffed 24 hours daily with professional crisis counselors): 1-800-4-A-CHILD or 1-800-2-A-CHILD (T.D.D)