Current through Register Vol. 35, No. 11, June 11, 2024
Section 8.16.2.21 - LICENSURE REQUIREMENTS FOR CENTERSA. LICENSING REQUIREMENTS: (1) APPLICATION FORM: An applicant will complete an application form provided by the licensing authority and include payment for the non-refundable application fee. Applications will be rejected unless all supporting documents are received within six months of the date indicated on the application. A 45 day extension will be granted if the licensee provides documentation to the licensing authority that documents were submitted to the appropriate agencies in a timely manner but, through no fault of their own, they have not received responses from these agencies.(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 instructions, and forms for recording an employment history. The licensee will be responsible for obtaining background checks on all staff members, educators, volunteers, and prospective staff members, educators, volunteers or any person who may have unsupervised physical access to children 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. Prior to a staff member's employment, a staff member must receive a notice of provisional employment or obtain a background check in accordance with 8.8.3 NMAC. A background check must be conducted in accordance with 8.8.3 NMAC at least once every five years on all required individuals.(3) ZONING, BUILDING AND OTHER APPROVALS: An applicant will have: current written finalized 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: (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) Children shall not be cared for in unlicensed areas of the facility.(4) A center must meet the following space requirements.(a) 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) 75 square feet of outdoor activity space for each child using the area at one time. The center will post on the doors to the playground the maximum capacity of the playground.(c) Centers must post classroom capacities, ratios, and group sizes in an area of the room that is easily visible to parents, staff and visitors.C. INCIDENT REPORTING REQUIREMENTS: (1) The licensee will report to the appropriate authorities the following incidents. After making a report to the appropriate authorities, the licensee shall notify the licensing authority of the incident giving rise to its report as soon as possible but no later than 24 hours after the incident occurred. A report should first be made by telephone and followed with written notification. The licensee shall report any incident that has threatened or could threaten the health and safety of children and staff members, such as, but not limited to: (a) a lost, missing or unattended child;(c) the abuse or neglect of a child;(d) fire, flood, or other natural disaster that creates structural damages to a center or poses a health hazard;(e) 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;(f) any legal action against a center or staff members;(g) any incident that could affect the background check eligibility of any cleared person related to this license;(h) 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;(i) the use of physical or mechanical restraints, unless due to documented emergencies or medically documented necessity; or(j) any known change in an educator's health condition or use of medication that impairs his or her ability to provide for the health, safety or welfare of children in care.(2) A center will notify parents or guardians in writing of any incident, including notifiable illnesses, that have threatened the health or safety of children in the center. The licensee shall ensure that it obtains parent or guardian signatures on all incident reports within 24 hours of the incident. The licensee shall immediately notify the parent or guardian in the event of any head injury. Incidents include, but are not limited to those listed in Paragraph (1) of Subsection C of 8.16.2.21 NMAC.(3) Incident reports involving suspected child abuse and neglect must be reported immediately 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.8.16.2.21 NMAC - Rp, 8.16.2.21 NMAC, 11/30/12, Adopted by New Mexico Register, Volume XXVII, Issue 18, September 30, 2016, eff. 10/1/2016, Amended by New Mexico Register, Volume XXX, Issue 18, September 24, 2019, eff. 10/1/2019, Amended by New Mexico Register, Volume XXXII, Issue 23, December 14, 2021, eff. 1/1/2022