N.M. Admin. Code § 8.9.4.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.9.4.7 - DEFINITIONS

A.Terms beginning with the letter "A":

(1)"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:

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

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

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

(2)"Activity area" means space for children's activities where related equipment and materials are accessible to the children.

(3)"Adult" means a person who has a chronological age of 18 years or older.

(4)"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).

(5)"Attended" means the physical presence of a staff member or educator supervising and actively engaging children under care. Merely being within eyesight or hearing of the children does not meet the intent of this definition (See definition of "Supervision", Paragraph (12) of Subsection S of 8.9.4.7 NMAC).

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

C.Terms beginning with the letter "C":

(1)"Capacity" means the maximum number of children a licensed child care facility can care for at any one time.

(2)"Cease and desist letter" means a formal letter from the licensing authority outlining any ongoing violation of applicable regulations and providing 24 to 72 hours, depending on the circumstances, to rectify the violation(s) before additional action, including suspension or revocation, is taken by the licensing authority. A cease and desist letter is usually issued when a provider violates applicable regulations, but there is not an immediate threat to the health and safety of children in care, and seeks to compel compliance before more serious action is taken. A cease and desist letter must provide the specific deadline to rectify the violation(s), 24 to 72 hours, and specify the subsequent action the licensing authority will take if the violation(s) is not corrected by that deadline.

(3)"Child" means a person who is under the chronological age of 18 years.

(4)"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.

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

(6)"Class A deficiency" means any abuse or neglect of a child by a facility employee or volunteer for which the facility is responsible, which results in death or serious physical or psychological harm; or a violation or group of violations of applicable regulations, which results in death, serious physical harm, or serious psychological harm to a child.

(7)"Class B deficiency" means any abuse or neglect of a child by a facility employee or volunteer for which the facility is responsible; or a violation or group of violations of applicable regulations which present a potential risk of injury or harm to any child.

(8)"Class C deficiency" means a violation or group of violations of applicable regulations as cited by surveyors from the licensing authority which have the potential to cause injury or harm to any child if the violation is not corrected.

(9)"Clean" means to physically remove all dirt and contamination.

(10)"Conditions of operation" means a written plan that applies to a licensed facility and is developed by the licensing authority when the licensing authority determines that provisions within these regulations have been violated. The plan addresses corrective actions that the licensee must take within a specified timeframe in order to come into compliance with licensing requirements. During this timeframe the licensing authority may increase its level of monitoring.

(11)"Core hours" means the daily hours of operation of the child care facility.

(12)"Corrective action plan" means the plan submitted by the licensee addressing how and when identified deficiencies will be corrected.

(13)"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.

D.Terms beginning with the letter "D":

(1)"Deficiency" means a violation of these regulations.

(2)"Direct provider of care" means any individual who, as a result of employment or contractual service or volunteer service has direct care responsibilities or potential unsupervised physical access to any care recipient in the settings to which these regulations apply.

(3)"Director" means the person in charge of the day-to-day operation and program of a child care center.

(4)"Disinfect" means to destroy or inactivate most germs on any inanimate object, but not bacterial spores. Mix four tablespoons of bleach with one gallon of cool water or use an environmental protection agency (EPA) registered disinfectant.

(5)"Drop-in" means a child who attends a child care facility on an occasional or unscheduled basis.

E.Terms beginning with the letter "E":

(1)"Educator" means an adult who directly cares for, serves, and supervises children in a licensed child care facility. Educators are considered staff members.

(2)"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.

(3)"Exploitation" of a child consists of the act or process, performed intentionally, knowingly, or recklessly, of using a child's property for another person's profit, advantage or benefit without legal entitlement to do so.

(4)"Expulsion" means the involuntary termination of the enrollment of a child or family.

F.Terms beginning with the letter "F":

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

(2)"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 24 hours of any day for no more than six children. The licensee will reside in the home and be the primary educator.

(3)"FOCUS" is a voluntary tiered quality rating and improvement program that is open to all registered and licensed child care programs.

G.Terms beginning with the letter "G":

(1)"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 but not more than 12 children. The licensee will reside in the home and be the primary educator.

(2)"Group size" is the number of children assigned to an educator or team of educators occupying an individual classroom or well-defined space within a larger room.

(3)"Guidance" means fostering a child's ability to become self-disciplined. Guidance shall be consistent and developmentally appropriate.

H.Terms beginning with the letter "H":

(1)"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 educator. A home will be considered a building or fixed dwelling that can be occupied for living purposes if it provides complete independent living facilities, including permanent provisions for plumbing and electricity. Special consideration will be made for homes on tribal lands.

(2)"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.

I.Terms beginning with the letter "I": "Infant" means a child age six weeks to 12 months.

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

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

L.Terms beginning with the letter "L":

(1)"License" means a document issued by ECECD 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.

(2) "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.

(3)"Licensing authority" means the child care services bureau - regulatory oversight unit of the early education, care and nutrition division of the New Mexico Early Childhood Education and Care Department which has been granted the responsibility for the administration and enforcement of these regulations by authority of Early Childhood Education and Care Department Act, Sections 9-29-1 to 9-29-12 NMSA 1978, as amended.

M.Terms beginning with the letter "M":

(1)"Media" means the use of televisions, video games, and non-educational online streaming such as video and social media.

(2)"Mission statement" describes what the program aspires to do and whom the program aspires to serve.

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 ECECD. ECECD determines the program criteria and standards to evaluate and approve accrediting bodies. The following are the only national accrediting bodies that are approved by ECECD:

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

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

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

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

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

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

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

(2)"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.

(3)"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.

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

(5)"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.

O.Terms beginning with the letter "O":

(1)"Orientation" means a process by which the employer informs each new employee, volunteer and substitute, in advance of assuming their duties, of the mission, philosophy, policies, and procedures of the program, including clear direction about performance expectations.

(2)"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.

P.Terms beginning with the letter "P":

(1)"Pacifier" means a rubber or plastic device, often shaped into a nipple, for an infant to suck or bite.

(2)"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.

(3)"Pest" means any living organism declared a pest pursuant to the Pesticide Control Act.

(4)"Pesticide" means any chemical substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.

(5)"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.

(6)"Policy" is a written directive that guides decision-making. Policies form the basis for authoritative action.

(7)"Premises" means all parts of the buildings, grounds, and equipment of a child care facility licensed pursuant to these regulations.

(8)"Procedure" is a series of steps to be followed, usually in a specific order, to implement policies.

(9)"Professional development" is an on-going plan for continued professional development for each educator, including the director.

(10)"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 to out of school time programs only.

(11)"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.

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

R.Terms beginning with the letter "R":

(1)"Ratio" is the maximum number of children one educator can be responsible for.

(2)"Requirements" means the criteria and regulations developed by Early Childhood Education and Care Department in 8.9.4 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.

(3)"Restriction" means to control enrollment, service type, capacity, activities, or hours of operation.

(4)"Revocation" means the act of making a license null and void through its cancellation.

S.Terms beginning with the letter "S":

(1)"Sanction" means a measure imposed by the licensing authority for a violation(s) of these standards.

(2)"Sanitize" means to reduce germs on inanimate surfaces to levels considered safe by public health codes or regulations. Mix one and one-half teaspoons of bleach with one gallon of cool water or use an EPA registered sanitizer.

(3)"Serious injury" means the death of a child or accident, illness, or injury that requires treatment by a medical professional or hospitalization.

(4)"School-age" means a child in care who is age five to 18 years.

(5)"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.

(6)"Staff member" means any person, including educators, who are employed by the licensee and who are present at any time when children are present.

(7)"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 educator, and who works less than an average of 40 hours per month in a six month period.

(8)"Suspension" means a temporary cancellation of a license pending an appeal hearing or correction of deficiencies.

(9)"Site director" means the person at the site having responsibility for program administration and supervision of an out of school time program. This definition applies to out of school time programs only.

(10)"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.

(11)"Substantiated complaint" means a complaint determined to be factual, based on an investigation of events.

(12)"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.

(13)"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.

T.Terms beginning with the letter "T": "Toddler" means a child age 12 months to 24 months.

U.Terms beginning with the letter "U":

(1)"U/L" means the underwriters laboratory, which is a standards organization which tests electrical and gas appliances for safety.

(2)"Unattended" means an educator is not physically present with a child or children under care.

(3)"Unsubstantiated complaint" means a complaint not determined to be factual based on an investigation of events.

V.Terms beginning with the letter "V":

(1)"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.

(2)"Volunteer" means any person who is not employed by the child care facility, spends six hours or less per week at the facility, is under direct physical supervision and is not counted in the facility ratio. Anyone not fitting this description must meet all requirements for staff members or educator.

W.Terms beginning with the letter "W": "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.

N.M. Admin. Code § 8.9.4.7

Adopted by New Mexico Register, Volume XXXIII, Issue 20, October 25, 2022, eff. 11/1/2022