N.M. Admin. Code § 8.9.5.7

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.9.5.7 - 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;

(c) punishment that is hazardous to the physical, emotional or mental state of the child; and

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

(3)"Attended" means the physical presence of a staff member of educator supervising children under care. Merely being within eyesight of hearing of the children does not mean actively engaged or meet the intent of this definition.

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

C.Terms beginning with the letter "C":

(1)"Care" means the provisions of what is necessary to meet the needs of the health, welfare, maintenance, and protection of a child.

(2)"Cease and desist letter" means a formal letter from the registered authority to a provider outlining any ongoing violation of applicable regulations and providing 24 - 72 hours, depending on the circumstances, to rectify the violation(s) before additional action, including suspension or revocation, is taken by the registered authority. A cease and desist letter is usually issued when a registered care giver 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 registered authority will take if the violation(s) is not corrected by that deadline.

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

(4)"Child and adult care food program (CACFP)" means the state of New Mexico's family nutrition bureau which administers the federal child and adult care food program.

(5)"Child care assistance program (CCAP)" means the state of New Mexico's child care services bureau (CCSB) which administers the federal child care and development fund (CCDF).

(6)"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.

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

(8)"Conditions of operation" means a written plan that applies to a registered home and is developed by the licensing authority when the registered authority determines that provisions within these regulations have been violated. The plan addresses corrective actions that the caregiver must take within a specified timeframe.

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

D.Terms beginning with the letter "D":

(1)"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.

(2)"Drop-in" means a child who attends a child care home on an occasional or unscheduled basis to include children who come to play with provider's children without parent being present.

E.Terms beginning with the letter "E":

(1)"Emergency caregiver" means someone 18 years of age or older who is authorized by the primary caregiver to provide care on an emergency basis, eight hours or less, on behalf of the primary caregiver.

(2)"Exempt caregiver" means a child care home primary caregiver who is exempt from participating in the CACFP because he or she is caring only for resident children or does not provide child care during the hours when a meal (breakfast, lunch or dinner) is served.

(3)"Exploitation" of a child consists of the act or process, performed intentionally, knowingly, or recklessly, or 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": "Family, friend or neighbor (FFN)" means care provided temporarily in a home and only in the case of a public health emergency.

G.Terms beginning with the letter "G": "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 registered under these regulations where children receive care, services, and supervision. The caregiver will reside in the home and be the primary caregiver. 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 considerations 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) though (c) of this Paragraph.

I.Terms beginning with the letter "I":

(1)"Infant" means a child from birth to 12 months.

(2) "In-home care" means care provided in the child's own home. In-home care registrations are limited to care of children with documented special needs or a medical condition, and the siblings of qualifying child. In-home care registrations must comply with the following:

(a) Parents or legal guardians who choose to use an in-home provider become the employer of the child care provider and must comply with all federal and state requirements related to employers, such as the payment of all federal and state employment taxes and the provision of wage information. Any parent or legal guardian who chooses to employ an in-home provider releases and holds the department harmless from any and all actions resulting from their status as an employer. Payments for in-home provider care are made directly to the parent or legal guardian.

(b) Parents or guardians are responsible for submitting documentation from a medical professional detailing the need for in-home care.

(c) Parent or guardians must consent to initial and annual inspections in accordance with 8.9.5.13 NMAC.

(d) In-home care registrations are exempt from the health and safety requirements outlined in Subsections C, D, E, F, G, H, I, J, R, T, U, V, W, X, Z of 8.9.5.22 NMAC; 8.9.5.23 NMAC; and Subsections D and I of 8.9.5.25 NMAC.

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

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

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

M.Terms beginning with the letter "M": "Media" means the use of televisions, video games, and non-educational on-line streaming such as video and social media.

N.Terms beginning with the letter "N":

(1)"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.

(2)"Non-resident child" means any child who does not reside in the primary caregiver's home.

(3)"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.

(4)"Notifiable diseases" means confirmed or suspected diseases/conditions as identified 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": [RESERVED]

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)"Premises" means all parts of the buildings, grounds, and equipment of a non-licensed home pursuant to these regulations.

(3)"Primary caregiver" means a registered child care home caregiver 18 years of age or older who is personally providing care to children, less than 24 hours a day, in his/her own residence and has completed the registration process, paid the required fee and has no other employment during hours of care. The primary caregiver must reside in the home.

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

R.Terms beginning with the letter "R":

(1)"Registered 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 (ECECD).

(2)"Registered family child care home" means the residence of an independent primary caregiver who registers the home under these regulations to participate in the child and adult care food program or in the state and federal child care assistance programs.

(3)"Registered family child care food-only home" means the residence of an independent primary caregiver who registers the home under these regulation to participate in the child and adult care food program only and does not participate in the state and federal child care assistance program.

(4)"Resident child" means any child who resides in the home, such as the primary caregiver's own children by birth or adoption, foster children, grandchildren, or cohabitant's children who are part of the residential unit.

S.Terms beginning with the letter "S":

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

(2)"Significant amount of time" means someone who is on the premises for more than one hour per day during hours of care.

(3)"Substantiated" means an incident or complaint determined to factual, based on an investigation of events.

(4)"Substitute caregiver" means someone 18 years of age or older who is authorized by the primary caregiver and the registered authority to provide care in the absence of the primary caregiver and is required to complete all the items required of primary caregivers, including background check clearance in accordance with the most current provisions of 8.9.6 NMAC governing background checks and employment history verification provisions.

(5)"Supervision" means the direct observation and guidance of children at all times and requires being physically present with them.

(6)"Survey" means a representative of ECECD's authority to enter a home, observes activity, examine the records and premises, interviews parents 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)"Unattended" means a caregiver is not physically present with a child or children under care.

(2)"Unsubstantiated" means an incident or complaint not determined to be factual based on an investigation of events.

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

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

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 § 8.9.5.7

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