5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: ECECD defines center-based provider types subject to child care licensing as any facility that provides care, services, and supervision for less than 24 hours a day to children in a non-residential setting and meets the applicable state and local building and safety codes. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: ECECD does not categorize out-of-school child care programs as license-exempt. ECECD defines out-of-school child care program types subject to child care licensing as a program providing a variety of developmentally appropriate activities that are both educational and recreational at a specific site, usually a school, on a regular basis before or after school or when school is not in regular session to children age five to 18 years, and not exempt from regulation under any of the exceptions ECECD has listed in 8.9.4.9 NMAC. [ ] No. b. Identify the family child care providers subject to licensing: ECECD defines family child care providers subject to licensing as a private dwelling that provides care, services, and supervision for a period of less than 24 hours of any day for no more than six children. Licensed family child care providers must reside in the home and be the primary provider of care. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: ECECD regulates another category of family child care providers, group child care providers, and allows the home provider to be licensed to care for more than six children. ECECD defines a group child care provider subject to licensing as a private dwelling or other building on the premises that provides care, services, and supervision for at least seven but not more than 12 children for a period of less than 24 hours of any day. Licensed group child care providers must reside in the home and be the primary provider of care. [ ] No. c. Identify the in-home providers subject to licensing: N/A Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. Child care facilities operated by the federal government (military installations and tribal CCDF) are exempt from licensure by the State of New Mexico (ECECD) and are instead regulated and licensed by the federal Department of Defense or Tribal CCDF ECECD. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The exemptions for these CCDF- eligible providers do not endanger the health, safety, and development of children because they are required to renew annually to receive CCDF funds. For child care providers located on military installations, these facilities are required to maintain and submit copies to ECECD of their Department of Defense certificate, accreditation (if applicable), and a letter or memo identifying the background clearance status of all staff members, educators, volunteers and prospective staff members, or any persons who may have unsupervised physical access to children. Tribal-based child care providers are required to submit to ECECD proof of tribal CCDF approval, a letter or memo attesting that the program director and all staff are in compliance with state, federal or tribal background check clearances, and a list of the director and all staff employed. The health and safety inspections conducted by the Department of Defense for providers located on military instillations must comply with or exceed ECECD’s licensing requirements. Tribal providers’ health and safety inspections must meet tribal CCDF rules and are conducted by the Tribal CCDF Lead Agencies. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. ECECD exempts registered family child care homes from licensing requirements. A registered family child care home is the residence of an independent primary caregiver who registers the home under ECECD regulations to participate in the child and adult care food program or in the state and federal child care assistance programs. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. In-home care means care provided in the child’s own home. In-home care registrations are limited to the care of children with documented special needs or a medical condition, and the siblings of the qualifying child. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A