N.M. Admin. Code § 8.15.2.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.15.2.7 - DEFINITIONS

A.Terms beginning with the letter "A":

(1)"Attending a job training or educational program" means actively participating in an in-person or online job training or educational program.

(2)"At-risk child care" means a program for families at-risk as determined by the department.

B.Terms beginning with the letter "B": [RESERVED]

C.Terms beginning with the letter "C":

(1)"CACFP" means the child and adult care food program, administered by the children, youth and families department.

(2)"Child with a disability or special needs" means a child with an identified disability, health, or mental health conditions requiring early intervention, special education services, under an individualized education plan (IEP) or an individualized family service plan (IFSP), or other specialized services and supports; or children without identified conditions, but requiring specialized services, supports, or monitoring.

(3)"Client" means the parent or legal guardian of the child that the department has determined is eligible for child care assistance benefits.

(4)"Closure" means the client's child care case is closed with the department.

(5)"Co-payment" means the portion of the approved and agreed upon monthly child care cost for clients receiving child care assistance that the client is required to pay to the child care provider. The department's payment to the provider is reduced by the co-payment amount.

D.Terms beginning with the letter "D":

(1)"Demonstration of incapacity" means written documentation that an individual is unable to fulfill an eligibility requirement, such as work, school, or the ability to provide child care, and should otherwise be excluded, in whole or in part, from the determination of eligibility. Written documentation of incapacity includes, but is not limited to, the following: statements or letters on a physician's/medical professional's/treatment provider's letterhead stationary; statements, records or letters from a federal government agency that issues or provides disability benefits; statements, records or letters from a state vocational rehabilitation agency counselor; records or letters from a treatment facility/counselor; certification from a private vocational rehabilitation or other counselor that issues or provides disability benefits.

(2)"Department" means the New Mexico children, youth and families department (CYFD).

E.Terms beginning with the letter "E":

(1)"Earned income" means income received as gross wages from employment or as profit from self-employment.

(2)"Essential worker" means those who conduct a range of operations and services in industries that are essential to ensure the continuity of critical functions in the economy of our nation and state. During this period of economic recovery and subject to budgetary considerations, the presumption is that all workers are essential to the well being of the state's economy.

F.Terms beginning with the letter "F": "Fluctuation of earnings" means a family with inconsistent or variable income throughout the year. To calculate fluctuation of earning the department may:

(1) average family earnings over a period of time (e.g., 12 months); or

(2) choose to discount temporary increases in income provided that a family demonstrates an isolated increase in pay (e.g., short-term overtime pay, temporary increase to pay, etc.) and is not indicative of a permanent increase in income.

G.Terms beginning with the letter "G": [RESERVED]

H.Terms beginning with the letter "H":

(1)"Homeless children and youth" means individuals who lack a fixed, regular, and adequate nighttime residence, which includes:

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

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

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

(d) migratory children who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in Subparagraphs (a) through (c) of this Paragraph.

(2)"Household" means the household as defined below in Paragraph (1) of Subsection C of 8.15.2.11 NMAC.

(3)"Household income" means household income as defined below in Paragraph (3) of Subsection C of 8.15.2.11 NMAC.

I.Terms beginning with the letter "I":

(1)"Incidental money" means earnings of a minor child for occasional work performed such as baby-sitting, cutting lawns, and other similar activities.

(2)"Infant, toddler, preschool, school age" means the age categories used for assigning child care provider reimbursement rates, defined as follows:

(a) infant: zero - 23 months;

(b) toddler: 24 -35 months;

(c) preschool: three to five year olds; and

(d) school age: six year olds and older.

J.Terms beginning with the letter "J": "Job training and educational program" means participation in a short or long term educational or training program, including online programs that provide specific job skills which allow the participant to enter the workforce and directly relates to enhancing job skills, including but not limited to the acquisition of a general equivalency diploma (GED), English as a second language, literacy training, vocational education training, secondary education including adult basic education and accredited high school programs, and post-secondary institutions. Educational programs include graduate and post graduate programs or classes.

K.Terms beginning with the letter "K": [RESERVED]

L.Terms beginning with the letter "L": [RESERVED]

M.Terms beginning with the letter "M": [RESERVED]

N.Terms beginning with the letter "N":

(1)"National accreditation status" means the achievement and maintenance of accreditation status by an accrediting body that has been approved by CYFD. CYFD determines the program criteria and standards to evaluate and approve accrediting bodies.

(a) The following are the only national accrediting bodies that are approved by CYFD:

(i) the association of Christian schools international (ACSI);

(ii) the council on accreditation (COA) for early childhood education and after school programs;

(iii) the international Christian accrediting association (ICAA);

(iv) the national accreditation commission for early care and education programs (NAC);

(v) the national association for the education of young children (NAEYC) academy for early childhood program accreditation;

(vi) the national association of family child care (NAFCC); or

(vii) the national early childhood program accreditation (NECPA).

(b) Effective July 15, 2014 accrediting bodies that have been previously approved by CYFD that are not on the above list will no longer be CYFD approved national accrediting bodies.

(2)"Non-temporary change in activity" means the family has experienced a change in activity that does not meet the definition of a "temporary change in activity" as defined in Paragraph (3) of Subsection T of 8.15.2.9 NMAC.

(3)"Non-traditional hours of care" means care provided between the afterhours of 7:00 p.m. and 7:00 a.m. Monday through Friday or care provided during weekend hours between 12:00 a.m. Saturday morning and 12:00 a.m. Monday morning.

O.Terms beginning with the letter "O":

(1)"Open case" means a case that has not been closed as a result of a failure to recertify, or that has not been closed due to becoming otherwise ineligible for child care assistance benefits.

(2)"Overpayment" means a payment of child care assistance benefits received by a client or provider for which they are ineligible based on incomplete or inaccurate information provided by either the client or the provider, or agency error.

P.Terms beginning with the letter "P": "Provider types" means the characteristics of child care providers, which determine their approved reimbursement rate, capacity, staffing levels etc. as follows:

(1)"In-home" care means care provided in the child's own home.

(2)"Registered home" means child care provided in the home of a provider who is registered with the department to care for up to four children. All registered homes receiving child care assistance subsidies must be enrolled and participate in the child and adult care food program (CACFP), unless they are exempt.

(3)"Licensed family child care home" means child care provided in the home of a provider who is licensed by the department to care for up to six children.

(4)"Licensed group child care home" means child care provided in the home of a provider who is licensed by the department to care for up to 12 children.

(5)"Licensed center" means child care provided in a non-residential setting, which is licensed by the department to provide such care.

(6)"Out-of-school time care" means child care provided to a kindergartner or school age child up to age 13 immediately before or immediately after a regularly scheduled school day or when regular school is not in session.

(7)"Family, friend, or neighbor (FFN)" means care provided temporarily in a home and only in the case of a public health emergency.

Q.Terms beginning with the letter "Q": [RESERVED]

R.Terms beginning with the letter "R":

(1)"Recertification" means the process by which a client's eligibility to continue to receive child care assistance benefits are determined.

(2)"Registration/educational fee" means a fee charged to private pay and families receiving child care assistance for materials and supplies.

S.Terms beginning with the letter "S":

(1)"Sanctions" means a measure imposed by the department for a violation or violations of applicable regulations.

(2)"SNAP" means the supplemental nutrition assistance program administered by the U.S. department of agriculture, which helps low-income families purchase healthy food. SNAP was previously referred to as food stamps employment and training program.

(3)"Special supervision" means the special supervision for child(ren) as defined below in Subsection G of 8.15.2.11 NMAC.

(4)"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.

(5)"Suspension" means the voluntary cessation of child care benefits at the client's request, during which the client remains eligible.

T.Terms beginning with the letter "T":

(1)"TANF" means the temporary assistance to needy families program administered by the U.S. department of health and human services. TANF is the successor to the aid to families with dependent children (AFDC) program and provides cash assistance to qualified low-income families with dependent children.

(2)"Teen parent" means a biological parent under the age of 20 who is attending high school, working towards a general equivalency diploma (GED) or attending any other job skills training or educational programs directly related to enhancing employment opportunities.

(3)"Temporary change of activity" means one of the following events:

(a) limited absence from work for employed parents or legal guardians for periods of family leave (including parental leave) or sick leave;

(b) interruption in work for a seasonal worker who is not working between regular industry work seasons;

(c) student holiday or break for a parent or legal guardian participating in training or education;

(d) reduction in work, training or education hours, as long as the parent or legal guardian is still working or attending training or education; and

(e) cessation of work or attendance at a training or education program less than three months.

(4)"Termination" means the client's child care case will be closed due to cause.

U.Terms beginning with the letter "U":

(1)"Underpayment" means a payment made by the department for services provided which did not fully reimburse the client or provider.

(2)"Unearned income" means income in the form of benefits such as TANF, workmen's compensation, social security, supplemental security income; child support, pensions, contributions, gifts, loans, grants and other income which does not meet the definition of earned income.

V.Terms beginning with the letter "V": [RESERVED]

W.Terms beginning with the letter "W": "Working" means employment of any type, including self-employment and teleworking. For TANF recipients, this includes work experience or community service or any other activity that meets the TANF work activity requirements.

X.Terms beginning with the letter "X": [RESERVED]

Y.Terms beginning with the letter "Y": [RESERVED]

Z.Terms beginning with the letter "Z": [RESERVED]

N.M. Admin. Code § 8.15.2.7

8.15.2.7 NMAC - Rp, 8.15.2.7 NMAC, 02/14/05; A, 09/15/05; A, 08/31/06; A, 06/30/10; A, 11/30/12; A, 07/15/14, Amended by New Mexico Register, Volume XXV, Issue 24, December 30, 2014, eff. 1/1/2015, Adopted by New Mexico Register, Volume XXVII, Issue 18, September 30, 2016, eff. 10/1/2016, Amended by New Mexico Register, Volume XXVIII, Issue 02, January 31, 2017, eff. 2/1/2017, Amended by New Mexico Register, Volume XXX, Issue 18, September 24, 2019, eff. 10/1/2019, Amended by New Mexico Register, Volume XXXI, Issue 19, October 13, 2020, eff. 9/18/2020, Amended by New Mexico Register, Volume XXXII, Issue 04, February 23, 2021, eff. 3/1/2021, Amended by New Mexico Register, Volume XXXII, Issue 14, July 20, 2021, eff. 7/1/2021, Amended by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 1/1/2022