New Mexico
Register / Volume XXXVII, Issue 12 / June 23, 2026
TITLE 8 SOCIAL SERVICES
CHAPTER 369 OVERSIGHT OF RESIDENTIAL SHELTER AND MENTAL
HEALTH SERVICES AND FACILITIES FOR CHILDREN
PART 2 REGULATIONS
GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN
8.369.2.1 ISSUING
AGENCY: New Mexico health care authority.
[8.369.2.1 NMAC - N/E,
7/1/2026]
8.369.2.2 SCOPE: All children’s
crisis shelters, multi service homes, community homes, and new or innovative
programs that provide children’s services as specified in these regulations.
Community homes licensed under these regulations are subject only to 8.369.2.1
through 8.369.2.5 NMAC; 8.369.2.7 through 8.369.2.9 NMAC; 8.369.2.11 through
8.369.2.24 NMAC; and 8.369.2.82 through 8.369.2.127 NMAC of these regulations.
Community homes are exempt from all references to the word ‘welfare’ in these
regulations.
A. These
regulations apply to the following:
(1) Public or private, profit or nonprofit residential
facilities providing services as outlined by these regulations.
(2) Any facility providing services as outlined by these
regulations which by State or federal law or regulation must be licensed by New
Mexico.
B. These
regulations do not apply to the following:
(1) Offices and treatment room of licensed private
practitioners.
(2) Agencies providing treatment foster care services which are
licensed by the protective services division of the department.
(3) Room and board facilities in public or private schools
accredited or supervised by the New Mexico state department of education and
inspected for fire and safety by the New Mexico state fire marshal’s office.
(4) Residential treatment services and day treatment services
that provide children and adolescent mental health services, which are licensed
by the New Mexico health care authority division of health improvement.
[8.369.2.2 NMAC - N/E,
7/1/2026]
8.369.2.3 STATUTORY
AUTHORITY: Sections 24-1-3, 24-1-5 and 9-7-6 NMSA
1978. Section 9-8-1 et seq. NMSA 1978
establishes the health care authority (authority) as a single, unified
department to administer laws and exercise functions relating to health care
facility licensure and health care purchasing and regulation.
[8.369.2.3 NMAC - N/E, 7/1/2026]
8.369.2.4 DURATION: Permanent.
[8.369.2.4 NMAC - N/E, 7/1/2026]
8.369.2.5 EFFECTIVE
DATE:
July 1, 2026, unless a later date is cited at the end of a section.
[8.369.2.5 NMAC - N/E,
7/1/2026]
8.369.2.6 OBJECTIVE:
A. Establish
minimum standards for licensing of residential facilities that provide services
in order to promote the health, safety and welfare of children in need of such
services.
B. Provide
for monitoring of facility compliance with these regulations through surveys to
identify any factors that could affect the health, safety, and welfare of the
clients or the staff.
C. Assure
that the agency/facility establishes and follows written policies and
procedures which specify how this is met.
D. To
assure that adequate supervision must be provided at all times. Failure to provide a child with the care,
supervision and services outlined in these regulations is a violation of these
regulations which could result in suspension, revocation or denial of license.
[8.369.2.6 NMAC - N/E,
7/1/2026]
8.369.2.7 DEFINITIONS: For the
purpose of these regulations, the following apply:
A. Definitions
beginning with “A”:
(1) “Abuse” means any act or failure to act, performed
intentionally, knowingly or negligently that causes or is likely to cause harm
to a client as defined in Section 32A-4-2 NMSA 1978.
(2) “Action
plan” means a written document submitted to the licensing authority which
states those actions that the facility will be implementing, with specific time
frames and responsible parties for each, to correct the deficiencies identified
in the previous on-site visit or review of documents.
(3) “Administrator” means the person
in charge of the day-to-day operation of a facility. The administrator, director, or operator may
be the licensee or an authorized representative of the licensee. The administrator may also be referred to as
the director or operator.
(4) “Ambulatory” means the ability of
the child to walk without assistance.
(5) “Applicant” means the individual
or organization which applies for a license.
B. Definitions
beginning with “B”: “Bed”
means the total assembly on which a child sleeps, including frame, springs,
mattress, mattress cover/pad, sheets, pillow, blankets and bedspread.
C. Definitions
beginning with “C”:
(1) “Capacity” means the maximum number of children who
can be accommodated in rooms designated specifically for them in a facility
pursuant to these regulations.
(2) “Child/Adolescent” means a person
under the chronological age of 18 years.
Those persons who, while a resident or client of a facility licensed
pursuant to these regulations reach the age of 18 will, for the purposes of
these regulations, be considered a child until they complete their course of
treatment in the facility.
(3) “Children’s crisis shelter” means
a facility which provides short term (usually less than 90 days) emergency
living accommodations to children in a crisis situation such as abandonment,
abuse, neglect or runaway.
(4) “Cleared staff member” means an
individual who has received a state and federal criminal background clearance
as documented by the department clearance letter.
(5) “Client” means any person who
receives treatment from a children’s crisis shelter, multi service home, or
community home.
(6) “Community home” means a facility
which operates 24 hours a day providing full time care, supervision and support
needed to not more than 16 resident children in a single residential building
and which meets the definition incorporated in Section 9-8-13 NMSA 1978. The facility provides parenting, activities
and experiences needed by a child to develop and realize their full potential.
(7) “Corporal punishment” means touching
a child’s body with the intent of inducing pain and includes, but is not
limited to, shaking, spanking, hitting, hair pulling, ear pulling or forced
exercise.
(8) “Criminal records check” means the
process of fingerprinting on state and FBI approved cards and submission of the
fingerprint cards for the purpose of obtaining the state and federal conviction
records of an individual. The services
of an agency contracted by the department of public safety (DPS) who can access
the DPS database in order to obtain state criminal background checks for those
applicants who have resided in New Mexico for five years or more may be
utilized as a means of obtaining state criminal records checks prior to
employment. Federal fingerprinting is
still required. The use of an alternate
method to obtain state criminal background checks do not replace the federal
fingerprinting requirement.
(9) “Cruelty (mental/ physical) and
indifference to the welfare of children” means a failure to provide a child
with the care, supervision, and services to which the child is entitled. Examples of physical and mental cruelty
include physical device/chemical restraints, striking, slapping or hitting,
withholding food or bathroom privileges as punishment, swearing at or
threatening a child, and indifference to the basic needs of the child.
D. Definitions
beginning with “D”:
(1) “Deficiency” means a violation of or failure to
comply with a provision(s) of these regulations.
(2) “Department” means the New Mexico
health care authority.
(3) “Direct services staff” means
supervisors, therapists, child care workers, coordinators or other employees
who work directly with children in their daily living activities in a facility.
(4) “Directed action plan” means an action plan that the licensing authority
writes and specifies that the facility must enforce within a specific time
frame because of the serious nature of the deficiency.
(5) “Discipline” means training that
enables a child to develop self-control and orderly conduct in relationship to
peers and adults.
E. Definitions
beginning with “E”:
(1) “Emergency
sanction” means an immediate measure
that is imposed on a facility for violations of applicable licensing laws and
regulations, other than revocation, suspension, or denial of renewal of license
when a health or safety violation warrants prompt action.
(2) “Emergency suspension” means an
immediate and temporary canceling of a license pending an appeal hearing or
correction of deficiencies.
(3) “Employment history” means a
written summary for the most recent three-year period of all periods of
employment with names, addresses and telephone numbers of the employers and the
individual’s immediate supervisor, specifying all periods of non-employment,
stating the reason for leaving employment and explanation of periods of
non-employment, with documented verifying references.
F. Definitions
beginning with “F”: “Facility” means
a publicly or privately owned or operated residence licensed pursuant to these
regulations which provides living accommodations, meals, supervision, care, and
in some instances, programmatic services to children.
G. Definitions
beginning with “G”: “Governing
body” means the governing authority of a facility which has the ultimate
responsibility for all planning, direction, control, and management of the
activities and functions of a facility licensed pursuant to these regulations.
H. Definitions
beginning with “H”: [RESERVED]
I. Definitions
beginning with “I”: [RESERVED]
J. Definitions
beginning with “J”: [RESERVED]
K. Definitions
beginning with “K”: [RESERVED]
L. Definitions
beginning with “L”:
(1) “License” means the authority granted by the
licensing authority pursuant to these regulations to operate for a specified
period of time.
(2) “Licensee” means the person(s)
who, or organization which, has ownership, leasehold, or similar interest in
the facility and in whose name a license for a facility has been issued and who
is legally responsible for compliance with these regulations.
(3) “Licensing authority” means the
New Mexico health care authority division of health improvement.
M. Definitions
beginning with “M”:
(1) “Maintenance” means keeping the building(s) in a repaired and safe
condition and the grounds in a safe, sanitary and presentable condition.
(2) “Mobile non-ambulatory” means
unable to walk without assistance but able to move from place to place with the
use of devices such as walkers, crutches, wheelchairs, etc.
(3) “Moral turpitude” means conduct
contrary to justice, honesty, modesty or good morals including such acts as
domestic abuse, drunk driving or other similar convictions.
(4) “Multi service home” means a
facility that provides residential care to children who have been referred by
other agencies or parents because of abuse, neglect, delinquency, substance
abuse, or other problems.
N. Definitions
beginning with “N”: “Non-mobile”
means unable to move without human assistance from place to place.
O. Definitions
beginning with “O”: [RESERVED]
P. Definitions
beginning with “P”:
(1) “Premises” means all parts of buildings, grounds, vehicles and
equipment of a facility.
(2) “Programmatic services” means
services provided to children to meet special needs above and beyond living
accommodations, meals, care, and routine supervision.
(3) “Punishment” means a penalty
imposed on a child for wrongdoing.
Q. Definitions
beginning with “Q”: [RESERVED]
R. Definitions
beginning with “R”:
(1) “Restraint” means a mechanical device used to involuntarily
physically restrict a client’s freedom of movement, performance of physical
activity, or have normal access to their body.
It is limited to those situations with adequate, appropriate
justification and requires policies and procedures with clear criteria. This standard does not apply to therapeutic
holding or comforting of children or to a timeout when the individual to whom
it is applied is physically prevented from leaving a room for 15 minutes or
less and when its use is consistent with protocol.
(2) “Revocation” means making a
license null and void through its cancellation.
S. Definitions
beginning with “S”:
(1) “Sanction” means
a measure imposed on a facility by the licensing authority for violations of
these standards.
(2) “Seclusion” means the involuntary
confinement of a client alone in a room where the individual is physically
prevented from leaving and is limited to those situations with adequate,
appropriate justification, requiring policies and procedures with clear
criteria.
(3) “Seclusion room” means a room
designed and utilized to isolate and contain a child who poses an imminent
threat of physical harm to self or others or serious disruption to the
environment.
(4) “Self-administration of medications” means
assistance and supervision of the child in the self-administration of a drug,
provided that the medication is in the original container, with a proper label
and directions. A staff member may hold
the container for the child, assist with opening of the container, and assist
the child in self-administering the medication.
(5) “Substantiated
complaint” means a complaint
determined to be factually substantiated, based on an investigation of events.
(6) “Supervision” means the monitoring
of the children’s whereabouts and activities by the facility staff in order to
ensure health, safety, and welfare.
(7) “Survey” means an entry, by the
licensing authority, into a facility licensed, or required to be licensed,
pursuant to these regulations, for examination of the premises and records, and
interviewing of staff and children.
(8) “Suspension” means a temporary
cancellation of a license pending an appeal hearing or correction of
deficiencies. During a period of
suspension, the Medicaid provider agreement is not in effect.
U. Definitions
beginning with “U”:
(1) “U/L Approved” means approved for safety by the
National Underwriters Laboratory.
(2) “Unsubstantiated complaint” means
a complaint not determined to be factually substantiated, based on an
investigation of events.
V. Definitions
beginning with “V”: “Variance” means
an act taken, at the sole discretion of the Licensing authority, to refrain
from enforcing compliance with a portion(s) of these regulations for an
unspecified period of time for facilities which were in existence at the time
these regulations were promulgated, new facilities in existing construction, or
for new services when the granting of a variance will not create a danger to
the health and safety of children and staff of a facility.
W. Definitions
beginning with “W”: “Waive/waiver”
means to refrain from pressing or enforcing compliance with a portion(s) of
these regulations for a limited period of time provided the health, safety, or
welfare of the clients and staff are not in danger. Waivers are issued at the sole discretion of
the Licensing authority.
[8.369.2.7 NMAC - N/E,
7/1/2026]
8.369.2.8 RELATED
REGULATIONS, LAWS AND CODES: These regulations supplement the following
regulations, laws, codes and any future amendments to such regulations or
superseding regulations.
A. New
Mexico department of health regulation 7.4.3 NMAC, Control of Disease and
Conditions of Public Health Significance.
B. New
Mexico department of health regulation 7.4.4 NMAC, Control of Communicable
Disease in Health Facility Personnel.
C. New
Mexico department of health regulation 7.1.3 NMAC, Health Records.
D. New
Mexico department of health regulation 7.20.2 NMAC, Comprehensive Behavioral
Health Standards.
E. New
Mexico health care authority regulation 8.370.3 NMAC, Health Facility Licensure
Fees and Procedures.
F. New
Mexico health care authority regulation 8.370.2 NMAC, Adjudicatory Hearings.
G. New
Mexico children, youth and families regulation 8.8.3 NMAC, Governing Background
Checks and Employment History Verification.
H. Environmental
improvement board regulation 7.6.2 NMAC, Food Service and Food Processing,
effective August 12, 2000.
I. New
Mexico state fire board life safety code handbook 101, effective June 9, 1997.
J. Construction
industries division regulation 14 NMAC 7.3, 1977 Uniform Building Code,
effective December 31, 1998.
K. New
Mexico department of health regulation 7.5.2 NMAC, Immunization Requirement.
L. New
Mexico health care authority regulation 8.370.4 NMAC, Health Facility Sanctions
and Civil Monetary Penalties.
M. New
Mexico Children’s Code 32A-1-1 et. seq. NMSA (1997).
[8.369.2.8 NMAC - N/E,
7/1/2026]
8.369.2.9 STANDARD
OF COMPLIANCE: The degree of compliance required throughout
these regulations is designated by the use of the words “shall”, “must”, “may”,
or “should.” “Shall” or “must” means
mandatory. “May” means permissive. “Should” means recommended, strongly advised
or desirable.
[8.369.2.9 NMAC - N/E, 7/1/2026]
8.369.2.10 LICENSING CATEGORIES:
A. Children’s crisis shelter: Any facility which provides short term
(usually less than 90 days) emergency living accommodations to children in a
crisis situation such as abandonment, abuse, neglect or runaway. A children’s
crisis shelter provides services on a 24 hour a day basis and is not limited as
to total capacity. Children’s records required for a children’s crisis shelter:
(1) Personal information:
full name; date of birth; name address and telephone number of parents
or legal guardian.
(2) Circumstances concerning the admission.
(3) Any condition which may require medical attention noticed
at time of admission.
(4) Documentation as to efforts to obtain information not
available at time of admission of the child.
(5) Admission agreement;
B. Multi
service home: Any facility that provides
residential care to children who have been referred by other agencies or
parents because of abuse, neglect, delinquency, substance abuse, or other
problems. The facility provides
supervision and direction in daily activities, and other services such as but
not limited to individual and family counseling, case management, parenting,
and volunteer services. Children’s
records required for a multi service home:
(1) Personal information:
(a) full name.
(b) social security number.
(c) name, address and telephone number of
parents or guardian.
(d) documentation of the current legal
status of the child.
(2) Medical information:
(a) any condition requiring medical
attention.
(b) physical.
(c) immunization records.
(3) Treatment plan.
(4) Educational information.
(5) Admission agreement.
C. New
or innovative programs: professional
organizations which have demonstrated a need for new or innovative services for
residential shelter care for not more than 16 children on a 24 hour basis which
does not fit into one of the above categories may be licensed at the sole
discretion of the licensing authority, if all requirements are met. Children’s records required for new or
innovative programs:
(1) Personal information:
(a) full name.
(b) date of birth.
(c) social security number.
(d) name, address, and phone number of
parents or legal guardian
(2) Medical information:
(a) any condition requiring medical
attention.
(b) any required medications.
(c) physical evaluation.
(d) immunization record.
(3) Educational information.
(4) Admission agreement.
(5) Other records may be necessary based on the services needed
by the children to be cared for in the facility requesting license under the
category of new or innovative programs.
these will be determined by the licensing authority prior to issuance of
initial license.
D. Location
of children’s records: when an agency
has multiple residential shelter care facilities for children located within
the same city or town the primary record may be kept in a central office
location, however, each facility must have the following information on file
for each child in care:
(1) Full name.
(2) Age.
(3) Name address and phone number of person to contact in case
of emergency.
(4) Name address and phone number of physician or medical
facility to contact in case of emergency.
(5) Any
special problems or medical condition that the child may have.
(6) Medications and dosage if applicable.
[8.369.2.10 NMAC - N/E,
7/1/2026]
8.369.2.11 INITIAL
LICENSURE PROCEDURES: To apply for a license for a facility
pursuant to these regulations the following procedures must be followed by the
applicant.
A. These
regulations must be used as a reference for design of a new building,
renovation or addition to an existing building.
B. The
applicant of the proposed facility must advise the licensing authority of its
intent to open a facility pursuant to these regulations.
C. Floor
and site plans: all applications for
initial licensure must be accompanied by a set of floor plans for the facility:
(1) Floor and site plans are of professional quality, on substantial
paper of at least 18 inches by 24 inches, and are drawn to an accurate scale of
one-fourth foot to one foot.
(2) Floor plans include:
(a) Proposed use of each room, e.g.,
staff’s bedroom, staff’s toilet, children’s bedrooms (include number of
children intended to sleep in each room), living room, kitchen, laundry, etc.
(b) Interior dimensions of all rooms.
(i) One building or wall section showing
exterior and interior wall construction.
Section includes floor, wall, ceiling, and the finishes, e.g., carpet,
tile, gypsum board with paint, wood paneling.
(ii) Door types, swing, and sizes of all
doors, e.g., solid core, hollow core, three feet zero inches by six feet eight
inches by one and three-quarters inches thick.
(iii) Air conditioning, if applicable.
(iv) All sinks, tubs, showers and toilets.
(v) Windows including size, type, sill
height, and openable area.
(vi) Any level changes within the building,
e.g., sunken living room, ramps, steps.
(vii) A site/plot plan must be provided to
indicate surrounding conditions including all steps, ramps, parking, walks and
any permanent structures.
(viii) Indicate if the building is new
construction, remodeled or alteration addition.
If remodeled or an addition, the plans indicate existing and new
construction plans.
D. Floor
and site plans are reviewed by the licensing authority for compliance, and
comments may be sent to the applicant specifying any needed changes or requests
for any additional information.
E. Licensing
phase: Prior to renovation or addition
to an existing building the applicant must submit to the Licensing authority
the following:
(1) The application form, obtained from licensing authority,
must be completed by typing or printing all the information requested, signed
and notarized by the applicant.
(2) Fees: All
applications for licensure are accompanied by the required fee.
(a) Current fee schedules are available
from the licensing authority.
(b) Fee payments must be in the form of a
certified check, money order, personal, or business check and made payable to
the state.
(c) Fee payments are non-refundable.
(3) Zoning and building approval:
(a) The agency provides an initial
application accompanied with the written approval from the appropriate
authority, such as city, county, or municipality.
(b) The agency provides an initial
application accompanied with original written building approval (certificate of
occupancy), from the appropriate authority, city, county, or municipality.
(4) Fire authority approval:
All initial applications are accompanied with written approval from the
fire authority having jurisdiction.
Written documentation from the state fire marshal’s office or fire
authority having jurisdiction evidencing a facility’s compliance with
applicable fire prevention codes is submitted to the licensing authority prior
to issuance of an initial license.
(5) New Mexico environment department approval:
(a) For private water supply, if
applicable.
(b) For private waste or sewage disposal,
if applicable.
(c) For kitchen, if meals are prepared, if
applicable
(6) Copy of appropriate drug permit: issued by the state board of pharmacy, if
applicable.
F. Initial
survey: upon receipt of a properly
completed application including all supporting documentation as outlined above,
an initial survey of the proposed facility must be scheduled by the licensing
authority.
G. Issuance
of license: Upon completion of the initial
survey and determination that the facility is in substantial or partial
compliance with these regulations, the licensing authority may issue a license.
[8.369.2.11 NMAC - N/E,
7/1/2026]
8.369.2.12 LICENSES:
A. Annual
license: the licensing authority may, at
its sole discretion, issue a license for up to one year to a facility which is
determined to be in substantial compliance with these regulations.
B. Temporary
license: The licensing authority at its
sole discretion may issue a temporary license, after an on-site survey, if it
determines the facility to be in partial compliance with these regulations.
(1) A temporary license shall cover a period of time not to
exceed 120 days, during which time the facility must correct all specified
deficiencies. in order to be issued a
temporary license, deficiencies may not be violations of health and safety
standards.
(a) The facility must submit an action
plan within ten days. the licensing authority approves the action plan. The facility is then either inspected on-site
again, or is required to submit proof of correction through submission of
appropriate and relevant documentation within 10 days.
(b) If the facility does not meet
licensing requirements at the end of the temporary licensure period, a second
temporary license may be granted. Another application must be submitted before
a second temporary license may be issued.
Only two consecutive temporary licenses may be granted.
(2) When a temporary license is issued, the previous license
and its expiration date become null and void, and the temporary license
effective dates are in effect.
C. Amended
license: A licensee applies to the
licensing authority for an amended license when there is a change of a
licensee, a change of the facility name, change of capacity, or change of
owner.
(1) An application for an amended license is submitted in
writing to the licensing authority.
(2) The application is accompanied by the required fee for the
amended license.
(3) The application is submitted within 10 business days of the
change.
(4) Upon receipt of the completed application and fee, an
on-site survey is performed by the licensing authority prior to the issuance of
the amended license.
(5) Application for increase of capacity will not be approved
nor an amended license issued until an on-site survey has been made by the
licensing authority to determine if the facility has the required space for the
increase in capacity. A facility shall
not accept additional children until the licensing authority has approved and
issued an amended license.
[8.369.2.12 NMAC - N/E, 7/1/2026]
8.369.2.13 LICENSE RENEWAL:
A. The licensee submits a renewal
application on the forms obtained from the licensing authority, along with the
required fee, at least 30 days prior to the expiration of the current license.
B. Upon
receipt of the renewal application and required fee, and prior to the
expiration of the current license, the licensing authority conducts an on-site
survey and issues a new license effective the day following the date of
expiration of the current license if the facility is in substantial compliance
with these regulations.
C. If
a licensee fails to submit a renewal application with the required fee and the
current license lapses, the facility ceases operations until it obtains a new
license through the initial license procedures.
[8.369.2.13 NMAC - N/E,
7/1/2026]
8.369.2.14 POSTING
OF LICENSE: The facility’s license is posted on the
licensed premises in an area visible to the public.
[8.369.2.14 NMAC - N/E,
7/1/2026]
8.369.2.15 NON-TRANSFERABLE
RESTRICTIONS ON A LICENSE:
A. A
license is nontransferable to other persons or locations.
B. The
license is null and void and is returned to the licensing authority when any
one of the following situations occur:
(1) Ownership of the facility changes.
(2) The facility changes location.
(3) The licensee of the facility changes.
(4) The facility discontinues or suspends operations.
C. A
facility wishing to continue operation as a licensed facility under the
above-mentioned circumstances submits an application for an amended license in
accordance with these regulations at least 30 calendar days prior to the
anticipated change.
[8.369.2.15 NMAC - N/E,
7/1/2026]
8.369.2.16 AUTOMATIC
EXPIRATIONS OF A LICENSE: A license automatically expires at midnight
on:
A. The
day indicated on the license as the expiration date, unless renewed, suspended,
or revoked; or:
B. The
day a facility discontinues or suspends operation; or
C. The
day a facility is sold, leased, or otherwise changes ownership or licensee; or
D. The
day a facility changes location.
[8.369.2.16 NMAC - N/E,
7/1/2026]
8.369.2.17 SUSPENSION
OR REVOCATION OF A LICENSE OR IMPOSITION OF EMERGENCY SANCTIONS WITHOUT PRIOR
HEARING: In accordance with Subsection H of 24-1.5
NMSA 1978, if immediate action is required to protect human health and safety,
the licensing authority may immediately suspend or revoke a license or impose
emergency sanctions pending a hearing, provided such hearing is held within
five working days of such action, unless waived by the licensee.
[8.369.2.17 NMAC - N/E,
7/1/2026]
8.369.2.18 GROUNDS
FOR REVOCATION, SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION
FOR LICENSE, OR IMPOSITION OF SANCTIONS: A license may be revoked or suspended, an
initial or renewal application for license may be denied, or sanctions may be
imposed after notice and opportunity for a hearing, for any of the following:
A. Failure
to comply with any provision(s) of these regulations.
B. Failure
to allow surveys by authorized representatives of the licensing authority.
C. Employment
of any person convicted of a felony or misdemeanor including a misdemeanor
involving moral turpitude or presence at a facility of a staff member under the
influence of alcohol or mood-altering drugs.
If after employment, a staff member is charged or convicted of a felony
or misdemeanor involving moral turpitude and it is known to the agency, it is
immediately reported to the licensing authority.
D. Purposeful
or intentional misrepresentation(s) or falsification(s) of any information on
application forms or other documents provided to the licensing authority.
E. Discovery
of repeat violations of these regulations or failure to correct deficiencies of
survey findings in current or past contiguous or noncontiguous licensure
periods.
F. Presence
of and or a history of licensure revocation, suspension, denial, other similar
disciplinary actions taken by regulatory bodies within this state, or other
states regardless of whether any of these actions resulted in a settlement.
G. Failure
to provide the required care and services as outlined by these regulations for
the clients receiving care at the facility.
H. Exceeding
licensed capacity.
[8.369.2.18 NMAC - N/E,
7/1/2026]
8.369.2.19 HEARINGS
AND APPEALS:
A. Appeals
of any sanction except “revocation or suspension of a license or imposition of
emergency sanction(s) without prior hearing” as outlined above, are made in
writing to the licensing authority within 10 business days of receipt of the
official notice of revocation, suspension, denial of licensure.
B. When
an appeal is filed the sanction is stayed until a hearing is held and final
determination issued or an informal resolution reached, unless it is an
emergency revocation or suspension of license.
A hearing will be held within 30 calendar days.
C. The
entity filing the appeal may also request an informal resolution conference at
that time. The purpose of the informal
resolution conference is to allow the entity receiving the sanction an
opportunity to present information on plans to remedy deficiencies and discuss
possible pre-hearing dispositions. This
does not apply to the emergency revocation or suspension of a license or to the
imposition of emergency sanctions.
D. The
licensing authority and the licensee may informally resolve any filed or
potential appeal arising from the imposition of sanctions. However, in the case of an emergency
revocation or suspension of licensure or the imposition of an emergency
sanction, there is no stay available.
[8.369.2.19 NMAC - N/E,
7/1/2026]
8.369.2.20 CURRENTLY
LICENSED FACILITIES: Any facility currently licensed on the date
these regulations are promulgated and which provides the services prescribed
under these regulations, but which fails to meet all building requirements,
may, at the discretion of the Licensing authority, continue to be licensed as a
children’s crisis shelter, community home, multi service home, or new or
innovative programs. Variances may be
granted for those building requirements the facility cannot meet, provided:
A. The
variances granted will not create a hazard to the health, safety and welfare of
the clients and staff or otherwise deny access to any disabled person who is
otherwise qualified to receive services from the facility; and
B. The
building requirements for which variances are granted cannot be corrected
without an unreasonable expense to the facility; and
C. Variances
are not in conflict with existing building and fire codes; and
D. Variances
granted are recorded and made a permanent part of the facility file; and
E. Variances
granted continue to be in effect as long as the facility continues to provide
services pursuant to these regulations and meet the criteria of Subsection A of
8.369.2.20 NMAC. These variances are not
transferable to a different facility or transferred/assigned upon the sale of
the facility.
[8.369.2.20 NMAC - N/E,
7/1/2026]
8.369.2.21 NEW
FACILITY:
A. If
a facility is opened in an existing building, a variance may be granted for
those building requirements the facility cannot meet under the same criteria
outlined in these regulations and if not in conflict with existing building and
fire codes. Such a variance is granted
at the sole discretion of the licensing authority.
B. A
new facility opened in a newly constructed building must meet all requirements
of these regulations.
[8.369.2.21 NMAC - N/E,
7/1/2026]
8.369.2.22 FACILITY
SURVEYS:
A. A
survey by the licensing authority is conducted at a minimum once per year in
each facility licensed pursuant to these regulations. Additional surveys or on-site visits may be
made to provide the facility with technical assistance, or to assess and
monitor progress with correction of violations found on previous surveys or to
investigate complaints of allegations of abuse, neglect or exploitation.
B. The
facility is provided with a written report of the findings within 10 business
days of completion of the survey.
C. The
facility may be required to submit an action plan, approved by the licensing
authority, within 10 business days of receipt of the findings. The action plan may be a directed action plan
due to the serious nature of the deficiencies, and the licensing authority will
expect health and safety deficiencies to be corrected immediately.
D. The
licensing authority, at its sole discretion, may accept the action plan as
written or require modifications of the action plan by the licensee.
E. Application
for licensure, whether initial or renewal, constitutes permission for entry
into, and surveys of, a facility by the authorized licensing authority
representatives at reasonable times while the application is pending, and if
licensed, during the licensure period.
F. Licensing
authority surveyors have the right to enter upon and into the premises of any
facility which is licensed or required to be licensed, whether or not an
application for licensure has been made, at any reasonable time for the purpose
of determining the state of compliance with these regulations.
G. On-site
surveys are announced or unannounced at the sole discretion of the licensing
authority.
[8.369.2.22 NMAC - N/E,
7/1/2026]
8.369.2.23 COMPLAINT
AND INVESTIGATION PROCEDURES:
A. Submission
of complaints: Complaints regarding any facility
licensed pursuant to these regulations are submitted to the licensing
authority.
B. The
licensing authority will process any complaint regarding any facility licensed
or required to be licensed under these regulations.
C. A
licensing authority representative receiving complaints will ask complainants
to identify themselves and provide all information necessary to document the
complaint.
D. The
licensing authority will investigate any complaint in which the health, safety,
or welfare of a child could be in danger.
E. Initiation
of investigation: The department
screens, and if it deems appropriate, will initiate an investigation within 30
business days from receipt of a complaint.
If it is probable that the health, safety, or welfare of a child is in
jeopardy, the complaint is investigated as soon as possible after the complaint
is made.
F. Results
of investigation: The licensee of the
facility is notified of the results of the investigation in writing.
G. Anonymity
may be requested by the complainant but cannot be guaranteed.
H. Action
by the licensing authority in response to a complaint:
(1) Unsubstantiated complaint:
A complaint which is unsubstantiated by the licensing authority is not
made part of the facility file and the Licensing authority takes no further
action.
(2) Substantiated complaint:
The licensing authority may take the following actions if a complaint is
substantiated:
(a) Require the facility to submit a
written action plan to the licensing authority.
(b) Impose other sanctions that may
include, but not be limited to, the denial, suspension or revocation of a
license, or the filing of criminal charges, or a civil action which may be
initiated by the licensing authority.
(c) The complaint will be made part of the
licensing authority’s file on the facility.
[8.369.2.23 NMAC - N/E,
7/1/2026]
8.369.2.24 CAPACITY
OF A FACILITY: The capacity of a facility licensed pursuant
to these regulations is determined by the following:
A. All
facilities, except children’s crisis shelters, are limited to a total capacity
of 16 children in a single residential building.
B. By
square footage of children’s sleeping rooms as specified by these regulations.
C. The
capacity as reflected on the license issued to a facility licensed pursuant to
these regulations must not be exceeded at any time. Exception:
The facility may exceed its licensed capacity for a period not to exceed
72 hours due to emergency placements by families, juvenile probation and parole
officers, sheriff, police, court or protective services. The facility notifies the licensing authority
within one business day of the event.
[8.369.2.24 NMAC - N/E,
7/1/2026]
8.369.2.25 REPORTING
OF INCIDENTS: All facilities licensed pursuant to these
regulations must report immediately by phone and follow-up in writing to the
licensing authority within 24 hours, any serious incident or unusual occurrence
which has, or could threaten the health, safety, or welfare of the clients or
staff of the facility. Such incidents
may include, but are not limited to:
A. Fire,
flood, or other natural disaster which creates structural damages to the
facility or poses health hazards;
B. Any
outbreak of contagious disease dangerous to the public health;
C. Any
human act(s) by staff member(s) or client(s) of the facility which presents or
poses possible physical or psychological health hazards;
D. Any
human act(s) by staff member(s) or client(s) of the facility which results in
the serious illness, injury, or physical or psychological impairment;
E. Any
death of a client;
F. Any
suspected client abuse, neglect or exploitation of a client, as defined in
these regulations.
G. Incidents
that include acts of physical harm to a client by staff or other clients.
H. Absence
of clients without permission, including not returning from a pass, for longer
than 24 hours past the designated return time.
I. Any
non-informational call made to poison control involving potential harm to a
client or resulting in treatment of a client.
[8.369.2.25 NMAC - N/E,
7/1/2026]
8.369.2.26 REPORTS
AND RECORDS REQUIRED TO BE ON FILE IN THE FACILITY:
A. Each
facility licensed pursuant to these regulations maintains the following reports
and records on file and makes them available for review upon request by the
licensing authority:
(1) A copy of the current residential shelter care regulations;
(2) A copy of the latest fire inspection report by the fire
authority having jurisdiction;
(3) A copy of the last survey conducted by the licensing
authority including any variances granted;
(4) Records of monthly fire and emergency evacuation drills
conducted by the facility;
(5) Health certificates of staff;
(6) Agreements or contracts with other health care providers to
provide services that are not available in the facility, if applicable;
(7) Latest inspection of drug room by state board of pharmacy,
if applicable; and
(8) New Mexico environment department approval of private
waste, sewage disposal, or kitchen, if applicable.
B. New
Mexico environment department approval of kitchen and food management and, if
applicable, survey reports of private water supply, private waste or sewage
disposal. Exception: Those facilities which have been exempted by
the environmental improvement division or recognized local authority from
meeting the requirements for kitchens and food service and have the exemption
on file.
C. One
month of menus of meals served in the facility.
D. Documentation
of staff criminal record checks and verification of employment history as
required by these regulations.
E. A
valid drug permit issued by the state board of pharmacy for those facilities
licensed pursuant to these regulations who as a regular part of their program
supervise the administration or client’s self-administration of medication and
safeguard medications for the children in care.
F. A
copy of the current American red cross and cardiopulmonary resuscitation
certification, or other recognized organization’s, standard first aid
certificate, for all direct care staff within 90 days of employment.
[8.369.2.26 NMAC - N/E,
7/1/2026]
8.369.2.27 FACILITY
RULES:
A. Each
facility has written rules which are age appropriate and clear and
understandable to the children in care.
The rules include but are not limited to the following:
(1) The use of tobacco or alcohol;
(2) The use of the telephone;
(3) Visitors and visiting hours;
(4) Daily routine of the facility such as bedtimes, free time,
study hours, use of personal possessions, playing of radios and watching
television; and
(5) Leaving the premises of the facility;
B. Facility
rules are posted in an area of the facility readily available to the children.
C. Prior
to placement in, or admission to a facility, the rules are explained to the
child, parents, or legal guardian in a language they can understand.
D. A
facility will prohibit the use of firearms, weapons, tobacco, illegal
substances, such as street drugs, and alcoholic beverages on the premises of
the facility, including in vehicles.
[8.369.2.27 NMAC - N/E,
7/1/2026]
8.369.2.28 CHILDREN’S
RIGHTS: All facilities licensed pursuant to these
regulations must support, protect, and enhance the rights of children.
A. A
facility must not make discriminatory distinction or refuse admission and
services to any child based solely on consideration of race, religion, color,
national origin, ancestry, sex, physical or mental handicap.
B. At
time of admission to a facility licensed pursuant to these regulations the
child’s parent or legal guardian will be given a copy of children’s rights as
listed below. These rights will also be
posted in the facility:
(1) The right to confidentiality of records.
(2) The right to use their own personal possessions.
(3) The right to preparation and maintenance of accurate and
complete records during any stay in the facility.
(4) The right to privacy.
(5) The right to humane care and environment.
(6) The right of religious worship.
(7) The right to receive visitors in private at reasonable
times.
(8) The right to written and telephone access which includes
the right to send and receive correspondence unopened by others and the right
of private telephone conversations.
C. Any
time a child’s rights are restricted because of a treatment or program plan, or
to protect the health, safety and welfare of the child, the reasons for the
restriction of rights must be clearly documented in the child’s record.
[8.369.2.28 NMAC - N/E,
7/1/2026]
8.369.2.29 ADMISSION
AGREEMENT: Prior to admission to a facility, the
licensee or authorized representative and the child’s parent/s or guardian,
shall sign a written admission agreement.
The facility shall keep the original agreement in the child’s records,
and a copy must be provided to the child’s parents or guardian. A standard form may be developed and
used. The admission agreement must meet
the criteria stated below:
A. The
services that will be provided by the facility and the charges for such
services must be explained in full.
B. The
method of payment for the services must be clearly stated.
C. Terms
for termination of the admission agreement either on part of the facility or
the parents or guardian must be clearly outlined.
D. A
new admission agreement must be made whenever any term of the agreement is
changed by either the facility or the parents or guardian.
[8.369.2.29 NMAC - N/E,
7/1/2026]
8.369.2.30 PERSONNEL
AND STAFFING REQUIREMENTS:
A. Governing
body: Each facility licensed pursuant to
these regulations shall have a governing body. The governing body shall:
(1) Have ultimate authority for the overall operation of the facility
program and is responsible for ensuring a facility’s continual compliance and
conformity with the program goals of the facility;
(2) Adopt and periodically review and revise written by-laws
and policies. These must define the program goals, describe and define the
major lines of authority and areas of responsibility within the facility;
(3) Appoint a director to implement its policies.
B. Director: The director of a facility licensed pursuant
to these regulations must have the following minimum qualifications:
(1) Be at least 21 years of age.
(2) Have good moral and responsible character and reputation.
(3) Possess educational background and experience in the
principles and practices of child care.
(4) Possess the management and administrative ability to
fulfill requirements of these regulations.
C. Direct
services staff: The direct service staff
of a facility licensed pursuant to these regulations must have the following
minimum qualifications.
(1) Be at least 18 years of age.
(2) Have good moral and responsible character and reputation.
(3) Possess adequate education, training, or experience to
provide for the needs of children.
(4) Physical, emotional, and mental capacity to ensure the
health, safety, and welfare of children pursuant to these regulations.
[8.369.2.30 NMAC - N/E,
7/1/2026]
8.369.2.31 STAFF
EVALUATION AND DEVELOPMENT:
A. A
facility licensed pursuant to these regulations must have a written plan for
the orientation, ongoing staff development, supervision and evaluation of all
staff members.
(1) A facility licensed pursuant to these regulations must
document that direct service staff members have received appropriate training
to include, but not limited to the following:
(a) The facility’s emergency and safety
procedures on a semi-annual basis.
(b) The principles and practices of child
care.
(c) The facility’s administrative
procedures and overall program goals.
(d) Acceptable behavior management
techniques.
(e) Crisis management.
(f) Use of restraints if used in the
facility program.
(2) Each facility shall have an introductory orientation
program for all staff. This program
shall include orientation to emergency and safety procedures and the
responsibilities of the staff member’s job assignment.
B. Tuberculosis
clearance: Prior to employment each
staff member must have a certificate from a physician or medical facility
stating that they are free from tuberculosis in a transmissible form as
required by regulations governing control of communicable disease in health
facility personnel.
C. First
aid/CPR qualifications:
(1) At least one direct child care staff member on duty must
have a current first aid certificate.
(2) At least one direct child care staff member on duty must
have a current cardiopulmonary resuscitation certification.
D. Child
abuse and neglect training: Each staff
member of a facility licensed pursuant to these regulations must be thoroughly instructed
in the New Mexico Children’s Code concerning definition of abuse and neglect
and on their responsibility to report all incidents of child abuse or neglect
as provided in Section 32A-4-3 NMSA 1978 of the New Mexico Children’s Code.
[8.369.2.31 NMAC - N/E,
7/1/2026]
8.369.2.32 DIRECT
SERVICE STAFF/CHILD RATIO: The following direct services staff/child
ratios must be maintained:
A. For
children under the age of six years at least one direct service staff for every
six children or fraction thereof.
B. For
children over the age of six years at least one direct service staff for every
16 children or fraction thereof. One
direct service staff for every six children under the age of six or fraction
thereof, and one direct services staff to every 12 children during the sleeping
hours.
[8.369.2.32 NMAC - N/E,
7/1/2026]
8.369.2.33 SUPERVISION
OF CHILDREN: Children must be supervised at all times. In addition:
A. During the sleeping
hours of children, a staff member must be immediately available to respond to
their needs.
B. The
facility must have at least one staff member on call to cover for any staff
member on duty in case of illness or emergency.
[8.369.2.33 NMAC - N/E,
7/1/2026]
8.369.2.34 STAFF
RECORDS:
A. Each
facility licensed pursuant to these regulations must maintain a complete record
on file for each staff member or volunteer. Staff records are made available
for review upon request of the licensing authority. Staff records contain at a
minimum the following:
(1) Name.
(2) Address and telephone number.
(3) Position for which employed.
(4) Date first employed.
(5) Documentation of a minimum of three references checked.
(6) A person(s) to contact in case of an emergency.
(7) A copy of the current first aid and CPR certificate for
direct child care staff.
(8) Health certificate stating that the employee is free from
tuberculosis in a transmissible form as required by the New Mexico department
of health regulations, 7.4.4 NMAC - Control of Communicable Disease in Health
Facility Personnel.
(9) A clearance letter from the department stating the criminal
records check has been conducted with negative results as referenced in Section
32A-15-3 NMSA 1978.
B. A
daily attendance record of all staff is kept in the facility.
C. The
facility shall keep daily schedules of all staff. These schedules are kept on file for at least
12 months. The staff schedule reflects
changes as they occur.
[8.369.2.34 NMAC - N/E,
7/1/2026]
8.369.2.35 POLICIES
AND PROCEDURES: All facilities licensed pursuant to these
regulations must have written policies and procedures for the following:
A. Reporting
of suspected child abuse, neglect or exploitation, pursuant to these
regulations.
B. Actions
to be taken in case of accidents or emergencies involving a child, including
death.
C. Disciplinary
methods utilized by the facility.
D. Actions
to be taken when a child is found to be absent without authorization.
E. The
administration and preparation of medication.
F. The
handling of children’s funds.
G. Confidentiality
of the children’s records.
H. The
use of seclusion rooms or restraints, if used by the facility.
I. Maintenance
of building(s) and equipment.
J. Fire
and evacuation.
K. The
handling of complaints received from clients, parents, guardians or any other
person.
[8.369.2.35 NMAC - N/E,
7/1/2026]
8.369.2.36 PERSONNEL
AND STAFF REQUIREMENTS CRIMINAL RECORDS CHECKS:
A. Criminal
record checks pursuant to Section 32A-15-3 NMSA 1978
(1) The agency conducts appropriate, legally permissible and
mandated State and federal criminal records inquiries into the background of
agency personnel, including employees and volunteers, and prospective employees
and volunteers.
(2) Non-compliance with these criminal records checks standards
may result in sanction or loss of license.
B. Staff
members who work directly with children and who are counted in the
staff-to-child ratio are 18 years of age or older.
C. Persons
employed solely for clerical, cooking, maintenance or other support activities
who are not left with children unsupervised, are not included in the staff
coverage.
[8.369.2.36 NMAC - N/E,
7/1/2026]
8.369.2.37 OUTDOOR
PLAY AREAS, EQUIPMENT, TOOLS, VEHICLES, AND OTHER LIKE ITEMS:
A. Facilities
providing services to children 12 years of age and younger will have an outdoor
play area, meeting the following requirements:
(1) The play area should be provided with equipment appropriate
to the age level of the children.
(2) A play area located adjacent to a public street or highway
will have the play area fenced with at least one latched gate available for
emergency exits. All stationary outdoor
play equipment for children should be positioned in a way that helps prevent
accidents, permits freedom of action, and is securely fastened to the
ground. Outdoor play equipment for
children shall include energy-absorbing surfaces and be maintained in good
repair at all times.
B. Power-driven
tools and equipment, motor vehicles, chemicals, and like items of a dangerous
nature are kept locked and secured from children. Any use of such items by the children is done
only under the close supervision of a staff member.
[8.369.2.37 NMAC - N/E,
7/1/2026]
8.369.2.38 COUNSELING
AREA:
A facility will provide a designated room or area to allow private
discussions and counseling sessions, as appropriate, between individual
children, families, staff and others as appropriate.
[8.369.2.38 NMAC - N/E,
7/1/2026]
8.369.2.39 EDUCATION: Each facility
licensed pursuant to these regulations ensures that every child in residence
attend(s) an appropriate education program in accordance with New Mexico law.
[8.369.2.39 NMAC - N/E,
7/1/2026]
8.369.2.40 TRANSPORTATION: Each facility
licensed pursuant to these regulations, which transports children as part of
their program activities, meets the following requirements:
A. Any
vehicle used for transporting children must carry vehicle liability insurance.
The amount of coverage may not to be less than the basic limits set by the
Financial Responsibility Law.
B. Each
vehicle used for transportation of children must be licensed, registered and
meet all applicable laws of New Mexico.
C. Occupancy
in a vehicle cannot exceed the capacity recommended by the manufacturer.
D. Drivers
of vehicles used to transport children must be licensed and abide by state and
local laws;
E. Seat
belt restraint laws of New Mexico must be adhered to at all times; each child
must remain seated while the vehicle is in motion and age-appropriate
restraints must be used during transportation.
F. Children
may not be transported in the open bed of trucks.
G. Each
vehicle used for transportation of children must be equipped with a fire
extinguisher, water, blanket, first aid kit, and first aid book.
H. Children
must be loaded and unloaded at the curb side of the vehicle.
[8.369.2.40 NMAC - N/E,
7/1/2026]
8.369.2.41 IMMUNIZATIONS:
A. Every
child in the facility must be immunized according to the immunization schedule
of the New Mexico health department, public health division.
B. When
an immunization record cannot be obtained for the child at the time of
admission or within 30 days after admission, the facility arranges for all
immunizations required by the department of health. Exception:
children’s crisis shelters may accept children with no immunization
schedule.
C. Exemptions
from immunizations for religious or other grounds are only accepted if approved
by the public health division of the department of health.
[8.369.2.41 NMAC - N/E, 7/1/2026]
8.369.2.42 NOTIFIABLE DISEASES:
A. A current list of notifiable diseases
must be posted in each facility.
B. While
in a facility, any child who becomes ill from a suspected notifiable disease,
as defined by the New Mexico department of health is immediately referred to a
physician or medical facility.
C. Each
facility reports any notifiable disease occurring to a child to the local
public health field office.
[8.369.2.42 NMAC - N/E,
7/1/2026]
8.369.2.43 MANAGEMENT
OF DRUGS AND PHARMACEUTICALS:
A. The
facility must have written procedures, approved by a physician, pharmacist or
nurse regarding how staff should administer over-the-counter medications to
children in care. Other than over-the-counter
medications, a facility does not acquire, store or dispense medications. Exception:
Facilities providing services which require regular use of controlled or
prescription medication for the children under care must hold and display an
appropriate drug permit as determined by the state board of pharmacy.
B. All
medications and poisonous substances must be kept in a locked cabinet or other
container inaccessible to the children.
The key to the medication storage container is only available to the
authorized staff.
C. Poisonous
substances and medications labeled for “external use only” are not accessible
to children and are kept separate from other medication.
D. Medications
prescribed for one child are not to be given to any other child.
E. All
prescribed medications are kept in their original prescription containers. Only medications which can be
self-administered by the child or with assistance and supervision in
self-administration are kept in the facility.
The staff member assisting in self-administration of medication may hold
the container, assist the child in opening the container and assist the child
in self-administering the medication.
F. Medication
for self-administration is not prepared in advance.
G. All
medication given to a child is entered in the child’s record with the date,
time and dosage and initials of the staff member assisting with the
self-administration of the medication.
H. Medications
which require refrigeration are kept in a separate locked box within a
refrigerator, a locked refrigerator, or a refrigerator in a locked room.
I. All
outdated medications are disposed of in a manner approved by the state board of
pharmacy.
[8.369.2.43 NMAC - N/E,
7/1/2026]
8.369.2.44 CHILDREN’S
ROOMS:
A. Each
child’s room must be provided with, but not limited to the following:
(1) A bed as defined in 8.369.2.44 NMAC of these regulations;
(2) A dresser or other adequate storage space for private use;
(3) An individual closet or closet areas with a clothes rack
and shelves accessible to the child;
(4) A table or desk with a reading lamp and chair, or a
well-lighted area within the facility with desk or table for a study area; and
(5) Window shades, drapes, or blinds in good repair.
B. Any
item other than the bed may be removed from a child’s room if it is documented
in the child’s record that such items would be a danger to the health or safety
of the child.
C. For
facilities providing care to children under two years of age, no more than
seven children of that age will occupy a designated bedroom space.
[8.369.2.44 NMAC - N/E,
7/1/2026]
8.369.2.45 SPECIAL
REQUIREMENTS FOR INFANT CARE: A facility licensed pursuant to these regulations who
cares for children under age two must meet the following requirements:
A. Toilet
training equipment must be kept clean and in a sanitary condition.
B. Staff
members must wear non-porous single-use gloves and wash their hands with soap
after diapering and before and after feeding any child.
C. Children’s
hands must also be washed with soap after diapering and before and after
eating.
D. Bed
linens, clothes, and diapers must be changed when soiled.
E. Diapers
must be changed at the child’s individual crib or at a diaper table which must
be thoroughly cleaned following each use.
F. Dirty
diapers must be kept in closed containers.
G. Infants
must be held during feeding. Bottles
must not be propped.
H. Children
who prefer to bottle-feed themselves may be allowed to do so with supervision.
I. Provisions
must be made to allow for each child’s own eating and sleeping patterns.
J. Those
children who are non-walking but capable of crawling or creeping, shall be
given the opportunity to do so frequently during the day.
[8.369.2.45 NMAC - N/E,
7/1/2026]
8.369.2.46 CHILDREN’S
BEDS, CRIBS AND HIGHCHAIRS:
A. The
following minimum requirements for beds must be met by a facility licensed
pursuant to these regulations:
(1) Children’s beds are at least 30 inches wide, of sturdy
construction and in good repair.
(2) If bunk beds are used, the vertical distance between the
mattresses is sufficient to allow each occupant to sit up comfortably in bed.
(3) Each bed has a clean, comfortable, nontoxic mattress which
is waterproof or has a waterproof covering and a comfortable mattress pad.
(4) Each bed is provided with a clean, comfortable pillow and
pillowcase.
(5) Each bed is provided with two clean sheets and bedding that
is appropriate for weather and climate.
(6) Beds are spaced at least 36 inches apart.
B. The
following minimum requirements for cribs must be met by a facility licensed
pursuant to these regulations:
(1) Cribs must be of sturdy construction with bars closely
spaced so that a child’s head cannot be caught between the bars.
(2) Cribs must have clean, individual crib size bedding.
(3) The crib mattress must be completely and securely covered
with waterproof material.
(4) Stacking cribs is prohibited.
(5) The minimum spacing between cribs when occupied must be 30
inches on all sides, except sides that are against a wall.
C. Highchairs
must have safety straps and be of non-tip construction.
[8.369.2.46 NMAC - N/E,
7/1/2026]
8.369.2.47 LIVING
AND MULTI PURPOSE ROOMS: Rooms for living or multi-purpose use are to
be provided with reading lamps, tables, chairs, or couches. The furnishings must be well constructed,
comfortable and kept in good repair.
[8.369.2.47 NMAC - N/E,
7/1/2026]
8.369.2.48 DINING
AREA:
A dining area is to be provided for meals.
A. Tables
and chairs for the dining area shall accommodate the number of children for
whom the facility is licensed and will be appropriate to the age of the clients
served.
B. The
living and multi-purpose room may be used as a dining area if the dining area
portion does not exceed fifty percent of the available floor space and still
allows comfortable arrangement of necessary furnishings for a living area.
[8.369.2.48 NMAC - N/E,
7/1/2026]
8.369.2.49 LAUNDRY
AND LINEN SERVICES:
A. The
facility provides laundry services to the children either on the premises or by
use of a commercial laundry or linen service.
The following are minimum requirements for clean linen:
(1) The sheets and pillowcase are changed at least one time per
week or when there is a change of occupant.
(2) The mattress pad, blankets and bedspread are laundered at
least one time per month and when there is a change of an occupant. The
mattress is turned at least one time per month.
(3) A face towel, bath towel, and washcloth are changed at
least every other day.
B. If
laundry services are provided on the premises, each laundry room or area is
equipped with a washer and dryer.
C. Children
may do their own laundry if they are capable and wish to do so, or if it is
part of their training or rehabilitation program.
D. Soiled
linen and clothing must be stored in containers which are waterproof, easily
cleaned and have tight fitting lids, until washed.
E. Under
no circumstance is collection, sorting, storage, or washing of soiled clothing
or linens done in a food preparation, food storage, or food service area.
F. A
separate, dry, well-ventilated storage area for clean linen shall be provided.
[8.369.2.49 NMAC - N/E,
7/1/2026]
8.369.2.50 CLOTHING:
A. Each
child shall have their own clothing, which is clean, neat, in good repair and
appropriate to the season.
B. If
necessary, children’s clothing may be inconspicuously marked with their name.
C. The
use of a common clothing pool is strictly prohibited.
[8.369.2.50 NMAC - N/E, 7/1/2026]
8.369.2.51 PERSONAL POSSESSIONS:
A. A facility will allow a child in care
to bring their personal belongings to the facility and to acquire belongings of
their own while living in the facility.
B. The
facility may, within reason, and because of the child’s program, limit or
supervise the use of these items while the child is in residence.
C. Where
extraordinary limitations are imposed, the child is informed by the facility of
the reasons, and the reasons are recorded in the child’s record.
D. The
facility makes provisions for the protection of the children’s property.
[8.369.2.51 NMAC - N/E,
7/1/2026]
8.369.2.52 PETS:
A. Pets
are permitted and encouraged in a facility licensed pursuant to these
regulations for the enjoyment of the children.
B. Pets
are not permitted to eat or sleep in the kitchen or food preparation areas.
C. Pets
are inoculated as required by state or local law and records of inoculation
kept on file in the facility.
[8.369.2.52 NMAC - N/E,
7/1/2026]
8.369.2.53 PERSONAL
HYGIENE: Each child is provided with their own clearly
identified toothbrush, comb, hairbrush and other items for personal hygiene.
[8.369.2.54 NMAC - N/E, 7/1/2026]
8.369.2.54 MEDICAL CARE:
A. A facility licensed pursuant to these
regulations arranges for a general medical examination by a physician for each
child in care within 90 calendar days of admission unless the child has
received such an examination within 12 months before admission and the results
of the examination are available to the facility.
B. The
facility arranges to secure timely and medically appropriate treatment for any
condition discovered by the medical examination.
C. The
facility arranges periodic medical examination of all children at intervals
recommended by the physician.
D. The
facility ensures that children receive timely, competent medical care when they
are ill and that they continue to receive necessary follow-up medical care.
E. The
facility arranges to secure any necessary dental care.
F. Each
child more than three years of age has an annual dental examination.
G. Each
facility has a first aid kit and first aid manuals readily accessible to the
staff and secure from the children.
H. The
first aid kit contains, at a minimum, band aids, gauze pads, adhesive tape,
scissors, soap, and syrup of Ipecac, gloves and a thermometer.
I. In
case of accidental poisoning, the facility immediately contacts the poison
control center and its directions are followed.
J. Syrup
of ipecac is not given to any child without first contacting the poison control
center.
K. A
facility will treat blood spills cautiously and promptly disinfect the
area. Staff members will wear
non-porous, single-use gloves when handling a blood spill, bloody diarrhea,
bloody nose, or any other blood. A
facility will clean contaminated surfaces first with hot soapy water then with
a disinfecting solution effective against HIV and Hepatitis B.
[8.369.2.54 NMAC - N/E,
7/1/2026]
8.369.2.55 NUTRITION:
A. Each
facility licensed pursuant to these regulations provides to the children a
planned, nutritionally adequate diet.
B. When
the food service of the facility is not directed by a nutritionist or
dietitian, regular, planned consultation with a nutritionist or dietitian is
obtained by the facility.
C. A
copy of the current week’s menu is posted in the kitchen of the facility.
D. Posted
menus are followed and any substitution is of equivalent nutritional value and
is recorded on the posted menu.
E. The
facility must keep one month of menus as served on file.
F. The
facility provides at least three meals a day served at regular times, as
follows:
(1) Normally not more than a 14-hour span between the evening
meal and breakfast the following day.
(2) Normally not less than eight hours between breakfast and
the evening meal of the same day.
G. The
same main dishes are not served within a week period. Identical menus are not served on a
one-week-cycle basis.
H. Time
allowed for meals is sufficient to enable the children to eat at a leisurely
rate, encourage socialization and to provide a pleasant mealtime experience.
[8.369.2.55 NMAC - N/E,
7/1/2026]
8.369.2.56 FOOD
MANAGEMENT:
A. Each
facility meets the requirements of all state and local regulations governing
food service, posts inspection reports in a conspicuous place and maintains a
file of any deficiencies noted in an inspection.
B. Each
facility has a copy of the current applicable food service regulations as
published by the environmental improvement division. Exception:
Those facilities which have a written exemption from the environmental
improvement division or recognized local authority.
C. Dry
and evaporated milk may be reconstituted only if used for cooking
purposes. All milk for drinking is
grade-a pasteurized and served directly from its original container or from a
dispenser approved by the environmental improvement division.
D. Potentially
hazardous food, such as meat, milk and custard, is kept at 40 degrees
fahrenheit or below. Hot food is kept at
140 degrees fahrenheit or above during preparation and service.
E. Each
refrigerator and freezer contains an accurate thermometer reading within two
degrees fahrenheit, located in the warmest part of the appliance in which food
is stored. The temperature of the
refrigerator is 40 degrees fahrenheit or below.
The temperature for the freezer is 32 degrees fahrenheit or below.
F. Refrigerators,
freezers, cupboards and other food storage areas are kept clean and sanitary at
all times.
G. Drugs,
biologicals, poisons, stimulants, detergents, and cleaning supplies are not
kept in the same storage area used for storage of foods.
H. Dishes
and utensils are properly washed, sanitized, and stored in accordance with food
service regulations.
I. All
garbage is stored in containers which are waterproof, easily cleaned, and have
tight-fitting lids.
[8.369.2.56 NMAC - N/E,
7/1/2026]
8.369.2.57 BUILDING
REQUIREMENTS:
A. All
facilities licensed pursuant to these regulations are accessible to, and usable
by, disabled employees, staff, visitors, and clients.
B. Trailers
and mobile homes are not used for living or activity areas for children.
C. In
the design or selection of a building, attention is given to the special needs
of the children and staff. Conditions
which are detrimental to health, safety, and welfare of the children are to be
avoided.
D. All
buildings on the premises housing children will be considered part of the
facility and must meet all requirements of these regulations. Children living in any building on the
premises will be counted in the capacity of the facility.
E. A
facility applying for licensure pursuant to these regulations may be subject to
additional requirements not contained herein.
Building and fire codes and other applicable standards of city, county,
or municipal governments may establish such additional requirements. Applicable standards may be incorporated by
the licensing authority in its licensing process.
[8.369.2.57 NMAC - N/E,
7/1/2026]
8.369.2.58 MAINTENANCE
OF BUILDINGS AND GROUNDS:
A. Facilities
must maintain the building(s) and grounds in good repair at all times. Such maintenance includes, but is not limited
to, the following:
(1) All electrical, signaling, mechanical, water supply,
heating, fire protection, and sewage disposal systems must be maintained in a
safe and functioning condition, including regular inspections of these systems.
(2) All equipment used for client care must be kept clean and
in good repair.
(3) All furniture and furnishings must be kept clean and in
good repair.
B. The
grounds of the facility must be maintained in a safe and sanitary condition at
all times.
[8.369.2.58 NMAC - N/E,
7/1/2026]
8.369.2.59 HOUSEKEEPING:
A. The
facility must be kept free from offensive odors and accumulations of dirt,
rubbish, dust, and safety hazards.
B. Children’s
rooms, examination rooms, meeting rooms, waiting rooms and other areas of daily
usage must be cleaned daily.
C. Floors
and walls shall be constructed of a finish that can be easily cleaned. The floor polishes will provide a
slip-resistant finish.
D. Bathrooms,
lavatories, and drinking fountains shall be cleaned daily and as often as
necessary to maintain a clean and sanitary condition.
E. Deodorizers
may not be used to mask odors caused by unsanitary conditions or poor
housekeeping practices.
F. Combustibles
such as cleaning rags and compounds must be kept in closed metal containers in
areas providing adequate ventilation and away from children’s rooms and common
areas.
G. Poisonous
or flammable substances must not be stored in residential sleeping areas, food
preparation areas or food storage areas.
All poisonous substances must be kept in a locked cabinet or other
container inaccessible to the children and away from living and common areas.
H. Storage
areas shall be kept free from accumulations of refuse, discarded equipment,
furniture, paper, and the like.
[8.369.2.59 NMAC - N/E,
7/1/2026]
8.369.2.60 WATER:
A. A
facility licensed pursuant to these regulations shall be provided with an
adequate supply of water which is of a safe and sanitary quality suitable for
domestic use.
B. If
the water supply is not obtained from an approved public system, the private
water system is inspected, tested, and approved by the New Mexico environment
department prior to license. It is the
facility’s responsibility to ensure that subsequent periodic testing or
inspection of such private water system is made at intervals prescribed by the
New Mexico environment department or other recognized authority. The facility must maintain copies of all
inspection reports and certificates pertaining to its water supply.
C. Hot
and cold running water shall be distributed at sufficient pressure to operate
all fixtures and equipment during maximum demand periods.
D. Back
flow preventers (vacuum breakers) shall be installed on hose bibs, laboratory
sinks, janitor’s sinks, and on all other water fixtures to which hoses or
tubing can be attached.
E. Water
distribution systems are arranged to provide hot water at each hot water outlet
at all times. Hot water provided to hand
washing facilities shall not exceed 110 degrees fahrenheit.
[8.369.2.60 NMAC - N/E,
7/1/2026]
8.369.2.61 SEWAGE
AND WASTE DISPOSAL:
A. All
sewage and liquid wastes must be disposed into a municipal sewage system where
such facilities are available.
B. Where
a municipal sewage system is not available, the system in use is inspected and
approved by the New Mexico environment department or recognized local
authority. The facility must maintain
copies of all inspection reports and certificates issued pertaining to its
waste disposed system(s).
C. Where
municipal or community garbage collection and disposal service are not
available, the method of collection and disposal of solid wastes generated by
the facility is inspected and approved by the New Mexico environment department
or recognized local authority.
D. Facilities
licensed pursuant to these regulations which generate infectious waste ensure
that the method of disposal of such wastes meets the requirements of the New
Mexico environment department or recognized local authority.
E. All
garbage and refuse receptacles are durable, have tight fitting-lids, are
insect/rodent proof, washable, leakproof and constructed of materials which do
not absorb liquids. Receptacles are kept
clean.
[8.369.2.61 NMAC - N/E,
7/1/2026]
8.369.2.62 FIRE
SAFETY CLEARANCES AND INSPECTIONS:
A. All
current applicable requirements of state and local codes for fire prevention
and safety must be met by the facility.
The facility maintains a copy of all applicable inspection reports and
certifications.
B. Each
facility requests from the fire authority having jurisdiction an annual
inspection of the facility. If the
policy of the fire authority having jurisdiction does not provide for an annual
inspection of the facility, the facility documents the date the request was
made and to whom. If the fire authority
does conduct annual inspections, a copy of the latest inspection is kept on
file in the facility.
C. Written
documentation from the state fire marshal’s office or fire authority having
jurisdiction evidencing a facility’s compliance with applicable fire prevention
codes must be submitted to the licensing authority prior to issuance of an
initial license.
D. Each
facility must have an evacuation plan conspicuously posted in each separate
area of the building showing routes of evacuation in case of fire or other
emergency.
[8.369.2.62 NMAC - N/E,
7/1/2026]
8.369.2.63 FIRE
SAFETY:
A. All
staff of the facility knows the location of, and is instructed in, proper use
of fire extinguishers procedures to be observed in case of fire or other
emergency. The facility requests the
fire authority having jurisdiction to give periodic instruction in fire
prevention and techniques of evaluation.
B. Facility
staff is instructed as part of their duties to constantly strive to detect and
eliminate potential safety hazards, such as loose handrails, frayed electrical
cords, faulty equipment, blocked exits or exit ways, and any other condition
which could cause burns, falls, or other personal injury to the children or
staff.
C. Each
child is, upon being accepted into the facility, given an orientation tour of
the facility to include, but not be limited to, the location of the exits, fire
extinguishers, and telephones, and is instructed in accordance with their
abilities on actions to be taken in case of fire or other emergencies.
D. The
facility must conduct a least one fire and evacuation drill each month.
(1) Logs are maintained by the facility showing the date, time,
names of staff participating in the drill and outlining any problems noted in
the conduct of the drill.
(2) Fire drills are held at different times of the day. When conducting fire drills, emphasis is
placed upon orderly evacuation, under proper discipline, rather than upon
speed.
E. An
easily accessible telephone for summoning help in case of an emergency must be
available in the facility.
F. A
list of emergency numbers, including, but not limited to, fire department,
police department, ambulance services, and poison control center must be
prominently posted by each telephone.
[8.369.2.63 NMAC - N/E,
7/1/2026]
8.369.2.64 FIRE
DETECTION AND RESPONSE SYSTEMS:
A. A
manually-operated, electrically monitored fire alarm system must be installed
in each facility as required by the national fire protection association (NFPA)
101 (Life Safety Code or Uniform Building Code). Multiple-story facilities require manual
alarm systems.
B. The
facility must be equipped with smoke detectors as required by the NFPA 101
(Life Safety Code or Uniform Building Code) and approved in writing by the fire
authority having jurisdiction as to number, type and placement.
C. Approved
smoke detectors powered by house electrical service with battery backup must be
installed to provide when activated an alarm which is audible in all sleeping
areas.
D. Smoke
detectors must be installed in corridors at no more than 30 feet spacing. Areas of assembly such as the dining and
living room must be provided with smoke detectors. All smoke detectors must be connected to the
electrical system of the facility and have battery backup.
E. The
facility must have a heat or smoke detector in the kitchen powered by the
electrical system of the facility, and which has battery backup.
F. Fire
extinguishers as approved by the state fire marshal or fire prevention
authority having jurisdiction must be located in the facility. Facilities must as a minimum have two 2AIOBC
fire extinguishers, one located in the kitchen or food preparation area, and
one centrally located in the facility.
G. Fire
extinguishers, alarm systems, automatic detection equipment and other
firefighting equipment must be properly maintained and inspected as recommended
by the manufacturer, state fire marshal or fire authority having jurisdiction.
H. All
fire extinguishers shall be inspected yearly and recharged as specified by the
manufacturer, state fire marshal, or fire authority having jurisdiction. All fire extinguishers must be tagged, noting
the date of inspection.
I. Facility
carpeting must be of at least a class II rating.
[8.369.2.64 NMAC - N/E,
7/1/2026]
8.369.2.65 LIGHTING
AND LIGHTING FIXTURES:
A. The
facility must ensure that lighting is sufficient to make all parts of each of
the following areas clearly visible:
(1) All spaces occupied by children and staff, machinery, or
equipment within buildings, approaches to buildings, and parking lots.
(2) All storerooms, stairways, hallways, entrances, exits,
access ways, and other areas used by children and staff.
B. All
lighting fixtures must be shielded.
[8.369.2.65 NMAC - N/E,
7/1/2026]
8.369.2.66 EMERGENCY
LIGHTING:
A. A
facility must provide emergency lighting which activates automatically upon
disruption of electrical service.
B. The
emergency lighting must be sufficient to illuminate paths of entrance and
egress to the facility.
[8.369.2.66 NMAC - N/E,
7/1/2026]
8.369.2.67 EXITS:
A. Each
facility and each floor of a facility must have exits as required/permitted by
the national fire protection association 101 (Life Safety Code) or Uniform
Building Code.
B. Each
facility must have at least two approved exits, remote from each other.
C. Each
exit must be clearly marked with signs having letters at least six inches high
whose principal strokes are at least an inch wide. Exit signs must be visible at all times.
D. Exits,
exit paths, or means of egress must not pass through hazardous areas,
storerooms, closets, bedrooms, or spaces subject to locking.
E. Sliding
doors are not considered acceptable as required exits.
F. When
illuminated exit signs are present, they are maintained in operable condition.
G. Exit
ways must be kept free from obstructions at all times.
H. Exit
doors must be at least 36 inches wide.
[8.369.2.67 NMAC - N/E,
7/1/2026]
8.369.2.68 ELECTRICAL
STANDARDS:
A. All
electrical installation and equipment must comply with all current state and
local codes.
B. Circuit
breakers or fused switches that provide electrical disconnection and over
current protection must be:
(1) Enclosed or guarded to provide a dead front assembly;
(2) Readily accessible for use and maintenance;
(3) Set apart from traffic lanes;
(4) Located in a dry, ventilated space, free of corrosive fumes
or gases;
(5) Able to operate properly in all temperature conditions;
(6) Located on the same floor and in the same facility area as
the circuits they serve; and
(7) Marked, showing the area each circuit breaker or fused
switch services;
C. The
use of jumpers or devices to bypass circuit breakers or fused switches is
prohibited.
[8.369.2.68 NMAC - N/E,
7/1/2026]
8.369.2.69 ELECTRICAL
CORDS AND RECEPTACLES:
A. Electrical
cords and extension cords must be U/L approved.
B. Electrical
cords and extension cords must be replaced as soon as they show wear.
C. Under
no circumstances may extension cords be used as a general wiring method or used
in a series.
D. Extension
cords must be plugged into an electrical receptacle within the room where used
and are not connected in one room and extended to another room.
E. Duplex
grounded type electrical receptacles (convenience outlets) must be installed in
all areas in sufficient quantities for tasks to be performed as needed.
F. The
use of multiple sockets (gang plugs) in electrical receptacles is strictly
prohibited. Surge protectors are not
considered gang plugs under these regulations.
G. The
main electrical service line has a readily available disconnect switch. All staff of the facility must know the
location of the electrical disconnect switch and how to operate it in case of
an emergency.
H. Facilities
that care for children less than six years of age must have safety electrical
receptacles or provide protective covers.
[8.369.2.69 NMAC - N/E,
7/1/2026]
8.369.2.70 HEATING,
VENTILATION, AND AIR-CONDITIONING:
A. Heating,
air-conditioning, piping, boilers, and ventilation equipment must be furnished,
installed and maintained to meet all requirements of current state and local
mechanical, electrical, and construction codes.
B. The
heating method used by the facility has a minimum of 68 degrees fahrenheit with
controls provided for adjusting the temperature as appropriate for client and
staff comfort.
C. The
use of unvented heaters, open flame heaters or portable heaters is prohibited.
D. A
supply of outside air sufficient to assure proper combustion must be provided
in all spaces where fuel-fired boilers, furnaces, or heaters are located to
assure proper combustion.
E. All
fuel-fired boilers, furnaces, or heaters must be connected to an approved
venting system to take the products of combustion directly to the outside air.
F. Each
facility must be adequately ventilated at all times to provide fresh air and
the control of unpleasant odors by either mechanical or natural means.
G. All
gas-fired heating equipment must be provided with one hundred percent automatic
cutoff control valve that operates in the event of pilot failure.
H. The
facility must be provided with a system for maintaining client and staff
comfort during periods of hot weather.
I. All
boilers, furnaces or heater rooms are protected from other parts of the
building by construction having a fire resistance rating of not less than one
hour and doors which are self-closing with a three-quarters of an hour fire
resistance.
J. All
central ventilation and air condition systems must have provided filters having
efficiencies greater than twenty-five percent.
K. All
gas-burning heating and cooking equipment must be connected to an approved
venting system to take the products of combustion directly to the outside air.
L. All
openings to the outer air used for ventilation must be screened with screening
material of not less than 16 meshes per lineal inch.
M. Screen
doors must be equipped with self-closing devices.
N. A
facility will install barriers or take other steps to ensure heating units are
inaccessible to children. Heating units
include hot water pipes, hot water baseboard heaters hotter than 110 degrees
fahrenheit, fireplaces, fireplace inserts and wood stoves.
[8.369.2.70 NMAC - N/E,
7/1/2026]
8.369.2.71 WATER
HEATERS:
A. Fuel-fired
hot water heaters must be enclosed and separated from other parts of the
building by construction as required by current state and local building
codes. Any inspection report or
certificate is maintained by the facility.
B. All
water heaters must be equipped with a pressure relief valve (pop-off valve)
vented to the outside or a drain in the building.
C. Water
heaters must not be located in sleeping rooms, or rooms opening into sleeping
rooms.
[8.369.2.71 NMAC - N/E,
7/1/2026]
8.369.2.72 TOILETS,
SINKS AND BATHING FACILITIES:
A. All
fixture and plumbing must be installed in accordance with current state and
local plumbing codes.
B. All
toilets must be enclosed and vented.
C. All
toilet rooms must be provided with a lavatory for hand washing.
D. All
toilet rooms must be kept supplied with toilet paper.
E. All
lavatories for hand washing must be kept supplied with disposable towels for
hand drying or provided with a mechanical blower. The use of a common towel is prohibited.
F. The
location, type and minimum number of toilets, sinks and bathing facilities are
as follows:
(1) Toilets and sinks for children must be provided in a ratio
of at least one toilet and one sink for every six children in care.
(2) Showers or tubs must be provided in a ratio of at least one
shower or tub for every six children in care.
G. If
a facility provides services to both sexes, separate facilities must be
provided for each sex in the same ratio as stated above.
H. A
combination of a tub and shower is permitted.
I. Tubs
and showers have a slip resistant surface.
J. Facilities
serving disabled children must have grab bars in tubs and showers.
K. Facilities
serving disabled children must have toilet room doors that swing out.
L. If
a facility has live-in staff, a separate toilet, sink, and bathing facilities
for staff must be provided and are not counted in the ratios stated above.
M. Toilets,
sinks, and bathing facilities must be readily available to children. No passage through a child’s room by another
child to reach a toilet, sink or bathing facility is permitted.
N. New
facilities must have a minimum of one toilet and bathing facility which meet
the requirements for the disabled.
O. A
facility providing services to children under age two must have a hand-washing
sink in the bedroom area, or a bathroom in the bedroom area.
[8.369.2.72 NMAC - N/E,
7/1/2026]
8.369.2.73 CORRIDORS:
A. Corridors
in each facility must have a minimum width of 36 inches.
B. Corridors
in newly constructed facilities must have a minimum width of 44 inches.
C. Corridors
must have a clear ceiling height of not less than seven feet measured from the
lowest projection of the ceiling.
D. Corridors
must remain clear and free of obstructions at all times.
E. In
facilities contained within existing commercial or residential buildings,
lesser corridor widths may be allowed if not in conflict with building or fire
codes and if approved by the licensing authority prior to occupying the
facility.
[8.369.2.73 NMAC - N/E,
7/1/2026]
8.369.2.74 DOORS:
A. All
exit doors must have a minimum width of 36 inches.
B. All
sleeping room doors must have at least one and three quarter inches bonded
solid core, with a minimum width of 32 inches.
C. All
doors to toilet and bathing facilities must have a minimum width of 24 inches.
D. Locks
on doors to toilets must be of a type that the lock can be released from the
outside.
E. Exit
doors leading to the outside of a facility with a capacity of 10 or more
children must open outward.
F. Exit
doors leading to the outside of a facility must be provided with a night latch,
dead bolt or security chain, provided such devices open from the inside without
the use of a key or tool and are mounted at a height not to exceed 48 inches
above the finished floor.
G. Sleeping
room doors for non-mobile children must be at least one and three quarter
inches bonded solid core, with a minimum width of 44 inches.
H. Each
sleeping room housing non-mobile children must have a 44-inch exit door leading
directly to the outside.
[8.369.2.74 NMAC - N/E, 7/1/2026]
8.369.2.75 MINIMUM ROOM DIMENSIONS:
A. All habitable rooms in a facility
must have a ceiling height of not less than seven feet, six inches.
B. Kitchens,
halls, bathrooms and toilet compartments must have a ceiling height of not less
than seven feet.
C. All
habitable rooms other than a kitchen must not be less than seven feet in any
dimension.
D. Any
room with a sloped ceiling is subject to review and approval or disapproval by
the licensing authority, based upon Uniform Building Code computation of
minimum area.
[8.369.2.75 NMAC - N/E,
7/1/2026]
8.369.2.76 WINDOWS:
A. Children’s
sleeping rooms and activity rooms must have a window area of at least one-tenth
the floor area with the minimum allowed total being 10 square feet.
B. Sleeping
rooms must provide at least one window for egress or rescue with a minimum net
clear opening of 5.7 square feet. The
minimum net clear opening for height dimensions is 24 inches. The minimum net clear opening width dimension
is 20 inches.
C. Egress
and rescue windows must have a finished sill height of not more than 44 inches
above the floor. Exception: If the sleeping room has a door leading
directly to the outside, an egress/rescue window is not required.
D. Bars,
grills, and grates or similar devices may be installed on emergency escape or
rescue windows or doors only if equipped with release mechanisms which can be
opened from the inside without the use of a key, knowledge or effort.
[8.369.2.76 NMAC - N/E,
7/1/2026]
8.369.2.77 CHILDREN’S
ROOMS:
A. Each
child’s room must be an outside room.
B. There
must be no through traffic through children’s rooms.
C. Single
rooms must have at least 80 square feet of floor area. Closet and locker areas are not counted as
part of the floor area.
D. Not
more than four children over the age of two may occupy a designated bedroom
space. Exception: Children’s crisis shelters may have dormitory
type sleeping areas with no limitation on the number of children as long as
minimum square footage requirements are met.
E. Facilities
which provide care and services to non-mobile children must have at least 100
square feet of floor area for each non-mobile resident.
F. Rooms
having more than one child must have at least 60 square feet for each bed; or
at least 90 square feet of floor area for each bunk, if double bunks are
used. Closet and locker area are not be
counted as part of the available floor space.
[8.369.2.77 NMAC - N/E,
7/1/2026]
8.369.2.78 FLOORS
AND WALLS:
A. Floor
material must be readily cleanable and wear resistant.
B. In
all areas subject to wet cleaning, floor materials must not be physically
degradable by liquid germicidal or cleaning solution.
C. Floors
subject to traffic while wet must have a slip resistant surface.
D. Wall
finishes must be washable and, in the proximity of plumbing fixtures, must be
smooth and moisture resistant.
E. Wall
bases in areas subject to wet cleaning must be covered with flooring and
tightly sealed baseboards.
F. Floor
and wall areas penetrated by pipes, ducts, and conduits must be tightly sealed
to minimize the entry of rodents and insects.
Joints of structural elements must be similarly sealed.
G. Threshold
and expansion joint covers must be flush with the floor surface to facilitate
the use of wheelchairs and carts.
[8.369.2.78 NMAC - N/E,
7/1/2026]
8.369.2.79 ACCESS
REQUIREMENTS FOR THE DISABLED IN NEW FACILITIES: Accessibility
to the disabled must be provided in all new facilities and includes, at a
minimum, the following:
A. Main
entry into the facility must be level or incorporate a ramp to allow for
wheelchair access.
B. Building
layout must allow for access to main living area and dining area.
C. At
least one bedroom must have a door clearance of 32 inches.
D. At
least one toilet/bathing facility must provide a 60-inch diameter turning
radius.
E. If
ramps are used, the slope of each ramp must provide at least a 12-inch
horizontal run for each inch of vertical rise.
F. Ramps
exceeding a six-inch rise must be provided with handrails.
G. Additional
access requirements may apply depending upon the size and complexity of the
facility.
[8.369.2.79 NMAC - N/E,
7/1/2026]
8.369.2.80 DISCIPLINE:
A. Discipline
used by a facility licensed pursuant to these regulations will be such that it
trains the child to develop self-control and orderly conduct in relationship to
peers and adults.
B. Discipline
shall be clear and understandable to the child, consistent, and explained to
the child before and at the time of any disciplinary action.
C. Discipline
shall include positive guidance, redirection, and the setting of clear-cut
limits which foster the child’s own ability to become self-disciplined.
D. Disciplinary
practices established by the facility shall be designed to encourage the child
to be fair, to respect property, and to assume personal responsibility and
responsibility for others.
E. Examples
of positive discipline include, but are not limited to, the following:
(1) Brief, supervised separation from the peer group.
(2) Giving additional responsibility for tasks.
(3) Withholding recreational privileges.
(4) Adding study periods, supervised by a responsible staff
member.
F. A
facility licensed pursuant to these regulations is prohibited from using all
cruel, severe, unusual or unnecessary punishments including, but not limited
to, the following:
(1) Physical exercises such as running laps or performing
push-ups, when used solely as a means of punishment.
(2) Requiring or forcing the child to take an uncomfortable
position, such as squatting or bending, or requiring or forcing the child to
repeat physical movement when used solely as a means of punishment.
(3) Excessive denial of on-grounds program services or denial
of any essential program services solely for disciplinary purposes.
(4) Depriving a child necessary food, water, rest, or
opportunity for toileting.
(5) Denial of visiting or communication privileges solely as a
means of punishment.
(6) Denial of shelter, clothing, or bedding
(7) Extensive withholding of emotional response or stimulation.
(8) Use of restraints as punishment.
(9) Exclusion of a child from entry to the facility.
(10) Verbal abuse such as shouting, screaming, swearing, name calling
or any other verbal activity that is damaging to a child’s self-respect.
(11) Any form of discipline or punishment which is intended to
frighten or humiliate a child.
(12) Spanking, hitting, shaking, or otherwise engaging in
aggressive physical contact with a child.
(13) Seclusion or isolation of a child in a locked room. Exception:
Facilities licensed pursuant to these regulations are allowed the use of
seclusion or security rooms with policies and procedures for their use and
under constant staff supervision during their use.
[8.369.2.80 NMAC - N/E,
7/1/2026]
8.369.2.81 SPECIAL
REQUIREMENTS FOR SECLUSION ROOMS: Any facility licensed pursuant to these
regulations that uses a seclusion room in its program must comply with all of
the following:
A. The
room must have no less than 80 square feet of floor area.
B. The
door must be of substantial construction either one and three-quarter inches,
bonded solid core or metal able to withstand unusual stress.
C. The
door must be at least 32 inches wide, preferably 36 inches.
D. The
door must swing outward to prevent children from barricading themselves in the
room.
E. The
door must have a fixed wired glass vision panel not to exceed 1,296 square
inches and mounted in steel or other approved metal frame.
F. A
dual lock system that is simple to operate must be on the door. It must have a quickly operated throw bolt
and key lock.
G. The
floor must be of substantial construction with a smooth surface so that it
presents no danger in terms of materials that peel, splinter, or cause burns.
H. Walls
must be of high-impact resistance with nothing protruding from the walls that
would allow for climbing by children.
I. The
ceiling must be of monolithic construction and unreachable to children.
J. Light
fixtures must be security rated and recessed so children cannot break the lens,
bulbs, etc.
K. Windows
in the room must have security-rated screens with locks that cannot be picked.
L. There
must be nothing else in the room, including electrical outlets, switches,
holes, hardware, or places to hook things.
All heating and air-conditioning registers must be out of reach. There must be no sharp edges in the room such
as windowsills, baseboards, or wainscots.
M. Rooms
must be approved in writing from the state fire marshal or fire authority
having jurisdiction. These records must
be maintained by the facility.
N. There
must be an observation room adjoining or nearby the seclusion room that permits
continuous close observation by staff of a child placed in the seclusion room.
O. A
toilet room with a sink must be immediately accessible to the seclusion room.
[8.369.2.81 NMAC - N/E,
7/1/2026]
8.369.2.82 REGULATIONS
GOVERNING COMMUNITY HOMES:
A. All
facilities licensed as community homes pursuant to these regulations are
subject only to Sections 8.369.2.1 through 8.369.2.5 NMAC; Sections 8.369.2.7
through 8.369.2.9 NMAC; Sections 8.369.2.11 through 8.369.2.24 NMAC; and
Sections 8.369.2.82 through 8.369.2.127 NMAC of these regulations.
B. Community
homes are exempt from all sections of these regulations except those cited in
8.369.2.2 and 8.369.2.82 NMAC above.
Community homes are exempt from all references to the word ‘welfare’ in
these regulations.
[8.369.2.82 NMAC - N/E,
7/1/2026]
8.369.2.83 OBJECTIVE
FOR COMMUNITY HOMES:
A. Establish
minimum standards for licensing of community homes that provide services in
order to promote the health and safety of children in need of such services.
B. Provide
for monitoring of facility compliance with these regulations through surveys to
identify any factors that could affect the health and safety of the clients or
the staff.
[8.369.2.83 NMAC - N/E,
7/1/2026]
8.369.2.84 LICENSING
CATEGORY FOR COMMUNITY HOMES:
A. Community
home means a facility that operates 24 hours a day providing full time care,
supervision and support needed to not more than 16 resident children in a
single residential building and which meets the definition incorporated in
Section 9-8-13 NMSA 1978. The facility
provides parenting, activities and experiences needed by a child to develop and
realize their full potential.
B. Children’s
records required for a community home:
(1) Personal information:
(a) Full name.
(b) Date of birth.
(c) Name, address and telephone number of
parents or legal guardian.
(d) Birthplace of the child.
(e) Date of admission and source of
referral for placement.
(f) Documentation of the current legal
status of the child.
(2) Medical information:
(a) Developmental history.
(b) Immunization record.
(c) History of serious illness or injury.
(d) Physiological evaluation.
(e) Past and current use of prescribed
medications.
(f) Any complaints by the child
indicating a current need for diagnosis and treatment.
(g) Dates of any dental, visual, auditory,
and physical examination and any treatment secured for any conditions
discovered.
C. Location
of children’s records: When an agency
has multiple residential shelter care facilities for children located within
the same city or town the primary record may be kept in a central office
location, however, each facility must have the following information on file
for each child in care:
(1) Full name.
(2) Age.
(3) Name, address and phone number of person to contact in case
of emergency.
(4) Name, address and phone number of physician or medical
facility to contact in case of emergency.
(5) Any special problems or medical condition that the child
may have.
(6) Medications and dosage if applicable.
[8.369.2.84 NMAC - N/E,
7/1/2026]
8.369.2.85 REPORTING
OF INCIDENTS IN COMMUNITY HOMES: All facilities licensed pursuant to these
regulations must report immediately by phone and follow-up in writing to the
licensing authority within 24 hours, any serious incident or unusual occurrence
which has, or could threaten the health or safety of the clients or staff of
the facility. Such incidents may
include, but are not limited to:
A. Fire,
flood, or other natural disaster which creates structural damages to the
facility or poses health hazards;
B. Any
suspected sexual or physical abuse, neglect or exploitation of a child.
[8.369.2.85 NMAC - N/E,
7/1/2026]
8.369.2.86 REPORTS
AND RECORDS REQUIRED TO BE ON FILE IN THE COMMUNITY HOMES FACILITY:
A. Each
facility licensed pursuant to these regulations maintains the following reports
and records on file and makes them available for review upon request by the
licensing authority:
(1) A copy of the current residential shelter care regulations;
(2) A copy of the latest fire inspection report by the fire
authority having jurisdiction;
(3) A copy of the last survey conducted by the licensing
authority including any variances granted;
(4) Records of monthly fire and emergency evacuation drills
conducted by the facility;
(5) Health certificates of staff;
(6) Agreements or contracts with other health care providers to
provide services that are not available in the facility, if applicable;
(7) Latest inspection of drug room by state board of pharmacy,
if applicable; and
(8) New Mexico environment department approval of private
waste, sewage disposal, or kitchen, if applicable.
B. New
Mexico environment department approval of kitchen and food management and, if
applicable, survey reports of private water supply, private waste or sewage
disposal. Exception: Those facilities which have been exempted by
the environmental improvement division or recognized local authority from
meeting the requirements for kitchens and food service, have the exemption on
file.
C. One
month of menus of meals served in the facility.
D. Documentation
of staff criminal record checks and verification of employment history as
required by these regulations.
E. A
valid drug permit issued by the state board of pharmacy for those facilities
licensed pursuant to these regulations who as a regular part of their program
supervise the administration or client’s self-administration of medication and
safeguard medications for the children in care.
F. A
copy of the current American red cross and cardiopulmonary resuscitation
certification, or other recognized organization’s, standard first aid
certificate, for all direct care staff within 90 days of employment.
[8.369.2.86 NMAC - N/E,
7/1/2026]
8.369.2.87 STAFF
REQUIREMENTS FOR COMMUNITY HOMES:
A. Criminal
record checks pursuant to Section 32A-15-3 NMSA 1978
(1) The agency conducts appropriate, legally permissible and
mandated state and federal criminal records inquiries into the background of
agency personnel, including employees and volunteers, and prospective employees
and volunteers.
(2) Non-compliance with these criminal records checks standards
may result in sanction or loss of license.
B. Staff
members who work directly with children and who are counted in the
staff-to-child ratio are 18 years of age or older.
C. Persons
employed solely for clerical, cooking, maintenance or other support activities
who are not left with children unsupervised, are not included in the staff
coverage.
D. Tuberculosis
clearance: Prior to employment each
staff member must have a certificate from a physician or medical facility
stating that they are free from tuberculosis in a transmissible form as
required by regulations governing control of communicable disease in health
facility personnel.
E. First
aid/CPR qualifications:
(1) At least one direct child care staff member on duty must
have a current first aid certificate.
(2) At least one direct child care staff member on duty must
have a current cardiopulmonary resuscitation certification.
F. Child
abuse and neglect training: Each staff
member of a facility licensed pursuant to these regulations must be thoroughly
instructed in the New Mexico children’s code concerning definition of abuse and
neglect and on their responsibility to report all incidents of child abuse or
neglect as provided in Section 32A-4-3 NMSA 1978, the New Mexico children’s
code.
[8.369.2.87 NMAC - N/E,
7/1/2026]
8.369.2.88 DIRECT
SERVICE STAFF/CHILD RATIO FOR COMMUNITY HOMES: The following
direct services staff/child ratios must be maintained:
A. For
children under the age of six years at least one direct service staff for every
six children or fraction thereof.
B. For
children over the age of six years at least one direct service staff for every
16 children or fraction thereof. One
direct service staff for every six children under the age of six or fraction
thereof, and one direct services staff to every 12 children during the sleeping
hours.
[8.369.2.88 NMAC - N/E,
7/1/2026]
8.369.2.89 STAFF
RECORDS FOR COMMUNITY HOMES:
A. Each
facility licensed pursuant to these regulations must maintain a complete record
on file for each staff member or volunteer.
Staff records are made available for review upon request of the
licensing authority. Staff records contain at a minimum the following:
(1) A copy of the current first aid and CPR certificate for
direct child care staff.
(2) Health certificate stating that the employee is free from
tuberculosis in a transmissible form as required by the New Mexico department
of health.
(3) A clearance letter from the department stating the criminal
records check has been conducted with negative results as referenced in Section
32A-15-3 NMSA 1978;
B. A
daily attendance record of all staff is kept in the facility.
C. The
facility shall keep daily schedules of all staff. These schedules are kept on file for at least
12 months. The staff schedule reflects
changes as they occur.
[8.369.2.89 NMAC - N/E,
7/1/2026]
8.369.2.90 POLICIES
AND PROCEDURES FOR COMMUNITY HOMES: All facilities licensed pursuant to these
regulations must have written policies and procedures for the following:
A. Reporting
of suspected child abuse, neglect or exploitation, pursuant to these
regulations.
B. Actions
to be taken in case of accidents or emergencies involving a child, including
death.
C. Actions
to be taken when a child is found to be absent without authorization.
D. The
administration of medication.
[8.369.2.90 NMAC - N/E,
7/1/2026]
8.369.2.91 OUTDOOR
PLAY AREAS, EQUIPMENT, TOOLS, VEHICLES, AND OTHER LIKE ITEMS IN COMMUNITY
HOMES:
A. Facilities
providing an outdoor play area will ensure the following:
(1) All stationary outdoor play equipment for children should
be positioned in a way which helps prevent accidents, permits freedom of
action, and is securely fastened to the ground.
(2) Outdoor play equipment for children shall include
energy-absorbing surfaces and be maintained in good repair at all times.
B. Power-driven
tools and equipment, motor vehicles, chemicals, weapons, firearms and like
items of a dangerous nature must be kept secure from children. Any use of such items by the children shall
be done only under the close supervision of a staff member.
C. A
facility will prohibit the use of alcoholic beverages, tobacco, and illegal
substances, such as street drugs, on the premises of the facility, including in
vehicles.
[8.369.2.91 NMAC - N/E,
7/1/2026]
8.369.2.92 TRANSPORTATION: Each facility
licensed pursuant to these regulations, which transports children as part of
their program activities, meets the following requirements:
A. Any
vehicle used for transporting children must carry vehicle liability insurance.
The amount of coverage may not to be less than the basic limits set by the
financial responsibility law.
B. Each
vehicle used for transportation of children must be licensed, registered and
meet(s) all applicable laws of New Mexico.
C. Occupancy
in a vehicle cannot exceed the capacity recommended by the manufacturer.
D. Drivers
of vehicles used to transport children must be licensed and abide by state and
local laws.
E. Seat
belt restraint laws of New Mexico must be adhered to at all times; each child
must remain seated while the vehicle is in motion and age-appropriate
restraints must be used during transportation.
F. Children
may not be transported in the open bed of trucks.
G. Each
vehicle used for transportation of children must be equipped with a fire
extinguisher, water, blanket, first aid kit, and first aid book.
H. Children
must be loaded and unloaded at the curb side of the vehicle.
[8.369.2.92 NMAC - N/E,
7/1/2026]
8.369.2.93 IMMUNIZATIONS
FOR COMMUNITY HOMES:
A. Every
child in the facility must be immunized according to the immunization schedule
of the New Mexico health department, public health division, immunization
schedule.
B. When
an immunization record cannot be obtained for the child at the time of
admission or within 30 days after admission, the facility arranges for all
immunizations required by the department of health. Exception:
Children’s crisis shelters may accept children with no immunization
schedule.
C. Exemptions
from immunizations for religious or other grounds are only accepted if approved
by the public health division of the department of health.
[8.369.2.93 NMAC - N/E,
7/1/2026]
8.369.2.94 NOTIFIABLE
DISEASES FOR COMMUNITY HOMES:
A. A
current list of notifiable diseases must be posted in each facility.
B. While
in a facility, any child who becomes ill from a suspected notifiable disease,
as defined by the New Mexico department of health is immediately referred to a
physician or medical facility.
C. Each
facility reports any notifiable disease occurring to a child to the local
public health field office.
[8.369.2.94 NMAC - N/E,
7/1/2026]
8.369.2.95 MANAGEMENT
OF DRUGS AND PHARMACEUTICALS IN COMMUNITY HOMES:
A. The
facility must have written procedures, approved by a physician, pharmacist or
nurse regarding how staff should administer over-the-counter medications to
children in care.
B. Other
than over-the-counter medications, a facility does not acquire, store or
dispense medications. Exception: Facilities providing services which require
regular use of controlled or prescription medication for the children under
care must hold and display an appropriate drug permit as determined by the
state board of pharmacy.
C. All
medications must be kept in a locked cabinet or other container. The key to the medication storage container
is only available to the authorized staff.
D. Poisonous
substances and medications labeled for “external use only” are not accessible to
children and are kept separate from other medication.
E. Medications
prescribed for one child are not to be given to any other child.
F. All
prescribed medications are kept in their original prescription containers. Only medications which can be
self-administered by the child or with assistance and supervision in
self-administration are kept in the facility.
The staff member assisting in self-administration of medication may hold
the container, assist the child in opening the container and assist the child
in self-administering the medication.
G. Medication
prepared for self-administration is not prepared in advance.
H. All
medication given to a child is entered in the child’s record with the date,
time and dosage and initials of the staff member assisting with the
self-administration of the medication.
I. Medications
which require refrigeration are kept in a separate locked box within a
refrigerator, a locked refrigerator, or a refrigerator in a locked room.
J. All
outdated medications are disposed of in a manner approved by the state board of
pharmacy.
[8.369.2.95 NMAC - N/E,
7/1/2026]
8.369.2.96 SPECIAL
REQUIREMENTS FOR INFANT CARE IN COMMUNITY HOMES: A facility
licensed pursuant to these regulations who cares for children under age two
must meet the following requirements:
A. Toilet
training equipment must be kept clean and in a sanitary condition.
B. Staff
members must wear non-porous single-use gloves and wash their hands with soap
after diapering and before and after feeding any child.
C. Children’s
hands must also be washed with soap after diapering and before and after
eating.
D. Bed
linens, clothes, and diapers must be changed when soiled.
E. Diapers
must be changed at the child’s individual crib or at a diaper table which must
be thoroughly cleaned following each use.
F. Dirty
diapers must be kept in closed containers.
G. Infants
must be held during feeding. Bottles
must not be propped.
H. Children
who prefer to bottle-feed themselves may be allowed to do so with supervision.
I. Provisions
must be made to allow for each child’s own eating and sleeping patterns.
J. Those
children who are non-walking but capable of crawling or creeping, shall be
given the opportunity to do so frequently during the day.
[8.369.2.96 NMAC - N/E,
7/1/2026]
8.369.2.97 CHILDREN’S
BEDS, CRIBS AND HIGHCHAIRS IN COMMUNITY HOMES:
A. The
following minimum requirements for beds must be met by a facility licensed
pursuant to these regulations:
(1) Children’s beds are at least 30 inches wide, of sturdy
construction and in good repair.
(2) If bunk beds are used, the vertical distance between the
mattresses is sufficient to allow each occupant to sit up comfortably in bed.
(3) Each bed has a clean, comfortable, nontoxic mattress which
is waterproof or has a waterproof covering
and a comfortable mattress pad.
(4) Each bed is provided with a clean, comfortable pillow and
pillowcase.
(5) Each bed is provided with two clean sheets and bedding that
is appropriate for weather and climate.
(6) Beds are spaced at least
36 inches apart.
B. The
following minimum requirements for cribs must be met by a facility licensed
pursuant to these regulations:
(1) Cribs must be of sturdy construction with bars closely
spaced so that a child’s head cannot be caught between the bars.
(2) Cribs must have clean, individual crib size bedding.
(3) The crib mattress must be completely and securely covered
with waterproof material.
(4) Stacking cribs is prohibited.
(5) The minimum spacing between cribs when occupied must be 30
inches on all sides, except sides that are against a wall.
C. Highchairs
must have safety straps and be of non-tip construction.
[8.369.2.97 NMAC - N/E,
7/1/2026]
8.369.2.98 LAUNDRY
AND LINEN SERVICES IN COMMUNITY HOMES:
A. The
facility provides laundry services to the children either on the premises or by
use of a commercial laundry or linen service.
The following minimum requirements for clean linen are:
(1) The sheets and pillowcase are changed at least one time per
week and when there is a of occupant.
(2) The mattress pad, blankets and bedspread are laundered at
least one time per month and when there is a change of an occupant. The mattress is turned at least one time per
month.
(3) A face towel, bath towel, and washcloth are changed at
least every other day.
B. If
laundry services are provided on the premises, each laundry room or area is
equipped with a washer and dryer.
C. Children
may do their own laundry if they are capable and wish to do so, or if it is
part of their training or rehabilitation program.
D. Soiled
linen and clothing must be stored in containers which are waterproof, easily
cleaned and have tight fitting lids, until washed.
E. Under
no circumstance is collection, sorting, storage, or washing of soiled clothing
or linens done in a food preparation, food storage, or food service area.
F. A
separate, dry, well-ventilated storage area for clean linen shall be provided.
[8.369.2.98 NMAC - N/E,
7/1/2026]
8.369.2.99 PETS
IN COMMUNITY HOMES:
A. Pets
are not permitted to eat or sleep in the kitchen or food preparation areas.
B. Pets
are inoculated as required by state or local law and records of inoculation
kept on file in the facility.
[8.369.2.99 NMAC - N/E,
7/1/2026]
8.369.2.100 PERSONAL
HYGIENE IN COMMUNITY HOMES: Each child is provided with their own clearly
identified toothbrush, comb, hairbrush and other items for personal hygiene.
[8.369.2.100 NMAC - N/E,
7/1/2026]
8.369.2.101 MEDICAL
CARE IN COMMUNITY HOMES:
A. A
facility licensed pursuant to these regulations arranges for a general medical
examination by a physician for each child in care within 90 calendar days of admission
unless the child has received such an examination within 12 months before
admission and the results of the examination are available to the facility.
B. The
facility arranges to secure timely and medically appropriate treatment for any
condition discovered by the medical examination.
C. The
facility arranges periodic medical examination of all children at intervals
recommended by the physician.
D. The
facility ensures that children receive timely, competent medical care when they
are ill and that they continue to receive necessary follow-up medical care.
E. The
facility arranges to secure any necessary dental care.
F. Each
child more than three years of age has an annual dental examination.
G. Each
facility has a first aid kit and first aid manuals readily accessible to the
staff and secure from the children.
H. The
first aid kit contains, at a minimum, band aids, gauze pads, adhesive tape,
scissors, soap, and syrup of Ipecac, gloves and a thermometer.
I. In
case of accidental poisoning, the facility immediately contacts the poison
control center and its directions are followed.
J. Syrup
of ipecac is not given to any child without first contacting the poison control
center.
K. A
facility will treat blood spills cautiously and promptly disinfect the
area. Staff members will wear
non-porous, single-use gloves when handling a blood spill, bloody diarrhea,
bloody nose, or any other blood. A
facility will clean contaminated surfaces first with hot soapy water then with
a disinfecting solution effective against HIV and Hepatitis B.
[8.369.2.101 NMAC - N/E,
7/1/2026]
8.369.2.102 NUTRITION
IN COMMUNITY HOMES:
A. Each
facility licensed pursuant to these regulations provides to the children a
planned, nutritionally adequate diet.
B. When
the food service of the facility is not directed by a nutritionist or
dietitian, regular, planned consultation with a nutritionist or dietitian is
obtained by the facility.
C. A
copy of the current week’s menu is posted in the kitchen of the facility.
D. Posted
menus are followed and any substitution is of equivalent nutritional value and
is recorded on the posted menu.
E. The
facility must keep one month of menus as served on file.
F. The
facility provides at least three meals a day served at regular times, as
follows:
(1) Normally not more than a 14-hour span between the evening
meal and breakfast the following day.
(2) Normally not less than eight hours between breakfast and
the evening meal of the same day.
G. The
same main dishes are not served within a week period. Identical menus are not served on a
one-week-cycle basis.
[8.369.2.102 NMAC - N/E,
7/1/2026]
8.369.2.103 FOOD
MANAGEMENT IN COMMUNITY HOMES:
A. Each
facility must meet the requirements of all state and local regulations
governing food service, post a copy of the required permit in a conspicuous
place and maintain a file of any deficiencies noted in an inspection report.
B. Each
facility has a copy of the current applicable food service regulations as
published by the environmental improvement division. Exception:
Those facilities which have a written exemption from the environmental
improvement division or recognized local authority.
C. Dry
and evaporated milk may be reconstituted only if used for cooking
purposes. All milk for drinking is
grade-A pasteurized and served directly from its original container or from a
dispenser approved by the environmental improvement division.
D. Potentially
hazardous food, such as meat, milk and custard, is kept at 40 degrees
fahrenheit or below. Hot food is kept at
140 degrees fahrenheit or above during preparation and service.
E. Each
refrigerator and freezer contains an accurate thermometer reading within two
degrees fahrenheit, located in the warmest part of the appliance in which food
is stored. The temperature of the
refrigerator is 40 degrees fahrenheit or below.
The temperature for the freezer is zero degrees fahrenheit or below.
F. Refrigerators,
freezers, cupboards and other food storage areas are kept clean and sanitary at
all times.
G. Drugs,
biologicals, poisons, stimulants, detergents, and cleaning supplies are not
kept in the same storage area used for storage of foods.
H. Dishes
and utensils are properly washed, sanitized, and stored in accordance with food
service regulations.
I. All
garbage is stored in containers which are waterproof, easily cleaned, and have
tight-fitting lids.
[8.369.2.103 NMAC - N/E,
7/1/2026]
8.369.2.104 BUILDING
REQUIREMENTS FOR COMMUNITY HOMES:
A. All
facilities licensed pursuant to these regulations are accessible to, and usable
by, disabled employees, staff, visitors, and clients.
B. Trailers
and mobile homes are not used for living or activity areas for children.
C. In
the design or selection of a building, attention is given to the special needs
of the children and staff. Conditions
which are detrimental to health or safety of the children are to be avoided.
D. All
buildings on the premises housing children will be considered part of the
facility and must meet all requirements of these regulations. Children living in any building on the
premises will be counted in the capacity of the facility. Exception:
The children of staff members who reside on the premises of the facility
will not be counted in the capacity.
E. A
facility applying for licensure pursuant to these regulations may be subject to
additional requirements not contained herein.
The complexity of building and fire codes and other applicable standards
of city, county, or municipal governments establishes such additional
requirements. Applicable standards may
be incorporated by the licensing authority in its licensing process.
[8.369.2.104 NMAC - N/E,
7/1/2026]
8.369.2.105 MAINTENANCE
OF BUILDINGS AND GROUNDS FOR COMMUNITY HOMES:
A. Facilities
must maintain the building(s) and grounds in good repair at all times. Such maintenance includes, but is not limited
to, the following:
(1) All electrical, signaling, mechanical, water supply,
heating, fire protection, and sewage disposal systems are maintained in a safe
and functioning condition, including regular inspections of these systems.
(2) All equipment used for client care is kept clean and in
good repair.
(3) All furniture and furnishings are kept clean and in good
repair.
B. The
grounds of the facility are maintained in a safe and sanitary condition at all
times.
[8.369.2.105 NMAC - N/E,
7/1/2026]
8.369.2.106 HOUSEKEEPING
IN COMMUNITY HOMES:
A. The
facility is kept free from offensive odors and accumulations of dirt, rubbish,
dust, and safety hazards.
B. Children’s
rooms, examination rooms, meeting rooms, waiting rooms and other areas of daily
usage are cleaned daily.
C. Floors
and walls are constructed of a finish that can be easily cleaned. The floor polishes will provide a
slip-resistant finish.
D. Bathrooms,
lavatories, and drinking fountains are cleaned daily and as often as necessary
to maintain a clean and sanitary condition.
E. Deodorizers
may not be used to mask odors caused by unsanitary conditions or poor
housekeeping practices.
F. Combustibles
such as cleaning rags and compounds are kept in closed metal containers in
areas providing adequate ventilation and away from children’s rooms and common
areas.
G. Poisonous
or flammable substances are not stored in residential sleeping areas, food
preparation areas or food storage areas.
H. Storage
areas are kept free from accumulations of refuse, discarded equipment,
furniture, paper, and the like.
[8.369.2.106 NMAC - N/E,
7/1/2026]
8.369.2.107 WATER
FOR COMMUNITY HOMES:
A. A
facility licensed pursuant to these regulations must be provided with an
adequate supply of water which is of a safe and sanitary quality suitable for
domestic use.
B. If
the water supply is not obtained from an approved public system, the private
water system is inspected, tested, and approved by the New Mexico environment
department prior to license. It is the
facility’s responsibility to ensure that subsequent periodic testing or
inspection of such private water system is made at intervals prescribed by the
New Mexico environment department or other recognized authority. The facility must maintain copies of all
inspection reports and certificates pertaining to its water supply.
C. Hot
and cold running water shall be distributed at sufficient pressure to operate
all fixtures and equipment during maximum demand periods.
D. Back
flow preventers (vacuum breakers) shall be installed on hose bibs, laboratory
sinks, janitor’s sinks, and on all other water fixtures to which hoses or
tubing can be attached.
E. Water
distribution systems are arranged to provide hot water at each hot water outlet
at all times. Hot water provided to hand washing facilities shall not exceed
110 degrees fahrenheit.
[8.369.2.107 NMAC - N/E,
7/1/2026]
8.369.2.108 SEWAGE
AND WASTE DISPOSAL FOR COMMUNITY HOMES:
A. All
sewage and liquid wastes must be disposed of into a municipal sewage system
where such facilities are available.
B. Where
a municipal sewage system is not available, the system used is inspected and
approved by the New Mexico environment department or recognized local
authority. The facility must maintain
copies of all inspection reports and certificates issued pertaining to its
waste disposed system(s).
C. Where
municipal or community garbage collection and disposal service are not
available, the method of collection and disposal of solid wastes generated by
the facility is inspected and approved by the New Mexico environment department
or recognized local authority.
D. Facilities
licensed pursuant to these regulations which generate infectious waste ensure
that the method of disposal of such wastes meets the requirements of the New
Mexico environment department or recognized local authority.
E. All
garbage and refuse receptacles are durable, have tight fitting-lids, are insect/rodent
proof, washable, leakproof and constructed of materials which do not absorb
liquids. Receptacles are kept clean.
[8.369.2.108 NMAC - N/E,
7/1/2026]
8.369.2.109 FIRE
SAFETY CLEARANCES AND INSPECTIONS FOR COMMUNITY HOMES:
A. All
current applicable requirements of state and local codes for fire prevention
and safety must be met by the facility. The facility maintains a copy of all
applicable inspection reports and certifications.
B. Each
facility requests from the fire authority having jurisdiction an annual
inspection of the facility. If the
policy of the fire authority having jurisdiction does not provide for an annual
inspection of the facility, the facility documents the date the request was
made and to whom. If the fire authority
does conduct annual inspections, a copy of the latest inspection is kept on
file in the facility.
C. Written
documentation from the state fire marshal’s office or fire authority having
jurisdiction evidencing a facility’s compliance with applicable fire prevention
codes must be submitted to the licensing authority prior to issuance of an
initial license.
D. Each
facility must have an evacuation plan conspicuously posted in each separate
area of the building showing routes of evacuation in case of fire or other
emergency.
[8.369.2.109 NMAC - N/E,
7/1/2026]
8.369.2.110 FIRE
SAFETY COMMUNITY HOMES:
A. All
staff of the facility knows the location of, and is instructed in, proper use
of fire extinguishers procedures to be observed in case of fire or other
emergency. The facility requests the
fire authority having jurisdiction to give periodic instruction in fire
prevention and techniques of evaluation.
B. Facility
staff is instructed as part of their duties to constantly strive to detect and
eliminate potential safety hazards, such as loose handrails, frayed electrical
cords, faulty equipment, blocked exits or exit ways, and any other condition
which could cause burns, falls, or other personal injury to the children or
staff.
C. Each
child is, upon being accepted into the facility, given an orientation tour of
the facility to include, but not be limited to, the location of the exits, fire
extinguishers, and telephones, and is instructed in accordance with their
abilities on actions to be taken in case of fire or other emergencies.
D. The
facility must conduct a least one fire and evacuation drill each month.
(1) Logs are maintained by the facility showing the date, time,
names of staff participating in the drill and outlining any problems noted in
the conduct of the drill.
(2) Fire drills are held at different times of the day. When conducting fire drills, emphasis is
placed upon orderly evacuation, under proper discipline, rather than upon
speed.
E. An
easily accessible telephone for summoning help in case of an emergency must be
available in the facility.
F. A
list of emergency numbers, including, but not limited to, fire department,
police department, ambulance services, and poison control center must be
prominently posted by each telephone.
[8.369.2.110 NMAC - N/E,
7/1/2026]
8.369.2.111 FIRE
DETECTION AND RESPONSE SYSTEMS FOR COMMUNITY HOMES:
A. A
manually-operated, electrically monitored fire alarm system must be installed
in each facility as required by the national fire protection association (NFPA)
101 (Life Safety Code or Uniform Building Code). Multiple-story facilities require manual
alarm systems.
B. The
facility must be equipped with smoke detectors as required by the NFPA 101
(Life Safety Code or Uniform Building Code) and approved in writing by the fire
authority having jurisdiction as to number, type and placement.
C. Approved
smoke detectors powered by house electrical service with battery backup must be
installed to provide when activated an alarm which is audible in all sleeping
areas.
D. Smoke
detectors must be installed in corridors at no more than thirty (30) feet
spacing. Areas of assembly such as the
dining and living room must be provided with smoke detectors. All smoke detectors must be connected to the
electrical system of the facility and have battery backup.
E. The
facility must have a heat or smoke detector in the kitchen powered by the
electrical system of the facility and which has battery backup.
F. Fire
extinguishers as approved by the state fire marshal or fire prevention
authority having jurisdiction must be located in the facility. Facilities must as a minimum have two 2AIOBC
fire extinguishers, one located in the kitchen or food preparation area, and
one centrally located in the facility.
G. Fire
extinguishers, alarm systems, automatic detection equipment and other
firefighting equipment must be properly maintained and inspected as recommended
by the manufacturer, state fire marshal or fire authority having jurisdiction.
H. All
fire extinguishers shall be inspected yearly and recharged as specified by the
manufacturer, state fire marshal, or fire authority having jurisdiction. All fire extinguishers must be tagged, noting
the date of inspection.
I. Facility
carpeting must be of at least a class II rating.
[8.369.2.111 NMAC - N/E,
7/1/2026]
8.369.2.112 LIGHTING
AND LIGHTING FIXTURES FOR COMMUNITY HOMES:
A. The
facility must ensure that lighting is sufficient to make all parts of each of
the following areas clearly visible:
(1) All spaces occupied by children and staff, machinery, or
equipment within buildings, approaches to buildings, and parking lots.
(2) All storerooms, stairways, hallways, entrances, exits,
access ways, and other areas used by children and staff.
B. All
lighting fixtures must be shielded.
[8.369.2.112 NMAC - N/E,
7/1/2026]
8.369.2.113 EMERGENCY
LIGHTING FOR COMMUNITY HOMES:
A. A
facility must provide emergency lighting which activates automatically upon
disruption of electrical service.
B. The
emergency lighting must be sufficient to illuminate paths of entrance and
egress to the facility.
[8.369.2.113 NMAC - N/E,
7/1/2026]
8.369.2.114 EXITS
FOR COMMUNITY HOMES:
A. Each
facility and each floor of a facility must have exits as required/permitted by
the National Fire Protection Association 101 (Life Safety Code) or Uniform
Building Code.
B. Each
facility must have at least two approved exits, remote from each other.
C. Each
exit must be clearly marked with signs having letters at least six inches high
whose principal strokes are at least an inch wide. Exit signs must be visible at all times.
D. Exits,
exit paths, or means of egress must not pass through hazardous areas,
storerooms, closets, bedrooms, or spaces subject to locking.
E. Sliding
doors are not considered acceptable as required exits.
F. When
illuminated exit signs are present, they are maintained in operable condition.
G. Exit
ways must be kept free from obstructions at all times.
H. Exit
doors must be at least 36 inches wide.
[8.369.2.114 NMAC - N/E,
7/1/2026]
8.369.2.115 ELECTRICAL
STANDARDS FOR COMMUNITY HOMES:
A. All
electrical installation and equipment must comply with all current state and
local codes.
B. Circuit
breakers or fused switches that provide electrical disconnection and over
current protection must be:
(1) Enclosed or guarded to provide a dead front assembly.
(2) Readily accessible for use and maintenance.
(3) Set apart from traffic lanes.
(4) Located in a dry, ventilated space, free of corrosive fumes
or gases.
(5) Able to operate properly in all temperature conditions.
(6) Located on the same floor and in the same facility area as
the circuits they serve.
(7) Marked, showing the area each circuit breaker or fused
switch services.
C. The
use of jumpers or devices to bypass circuit breakers or fused switches is
prohibited.
[8.369.2.115 NMAC - N/E,
7/1/2026]
8.369.2.116 ELECTRICAL
CORDS AND RECEPTACLES FOR COMMUNITY HOMES:
A. Electrical
cords and extension cords must be U/L approved.
B. Electrical
cords and extension cords must be replaced as soon as they show wear.
C. Under
no circumstances may extension cords be used as a general wiring method or used
in a series.
D. Extension
cords must be plugged into an electrical receptacle within the room where used
and are not connected in one room and extended to another room.
E. Duplex
grounded type electrical receptacles (convenience outlets) must be installed in
all areas in sufficient quantities for tasks to be performed as needed.
F. The
use of multiple sockets (gang plugs) in electrical receptacles is strictly
prohibited. Surge protectors are not
considered gang plugs under these regulations.
G. The
main electrical service line has a readily available disconnect switch. All staff of the facility must know the
location of the electrical disconnect switch and how to operate it in case of
an emergency.
H. Facilities
that care for children less than six years of age must have safety electrical
receptacles or provide protective covers.
[8.369.2.116 NMAC - N/E,
7/1/2026]
8.369.2.117 HEATING,
VENTILATION, AND AIR-CONDITIONING FOR COMMUNITY HOMES:
A. Heating,
air-conditioning, piping, boilers, and ventilation equipment must be furnished,
installed and maintained to meet all requirements of current state and local
mechanical, electrical, and construction codes.
B. The
heating method used by the facility has a minimum of 68 degrees fahrenheit with
controls provided for adjusting the temperature as appropriate for client and
staff comfort.
C. The
use of unvented heaters, open flame heaters or portable heaters is prohibited.
D. A
supply of outside air sufficient to assure proper combustion must be provided
in all spaces where fuel-fired boilers, furnaces, or heaters are located to
assure proper combustion.
E. All
fuel-fired boilers, furnaces, or heaters must be connected to an approved
venting system to take the products of combustion directly to the outside air.
F. Each
facility must be adequately ventilated at all times to provide fresh air and
the control of unpleasant odors by either mechanical or natural means.
G. All
gas-fired heating equipment must be provided with a one hundred percent
automatic cutoff control valve that operates in the event of pilot failure.
H. The
facility must be provided with a system for maintaining client and staff
comfort during periods of hot weather.
I. All
boilers, furnaces or heater rooms are protected from other parts of the
building by construction having a fire resistance rating of not less than one
hour and doors which are self-closing with a three-quarters of an hour fire
resistance.
J. All
central ventilation and air condition systems must have provided filters having
efficiencies greater than twenty-five percent.
K. All
gas-burning heating and cooking equipment must be connected to an approved
venting system to take the products of combustion directly to the outside air.
L. All
openings to the outer air used for ventilation must be screened with screening
material of not less than 16 meshes per lineal inch.
M. Screen
doors must be equipped with self-closing devices.
N. A
facility will install barriers or take other steps to ensure heating units are
inaccessible to children. Heating units
include hot water pipes, hot water baseboard heaters hotter than 110 degrees
fahrenheit, fireplaces, fireplace inserts and wood stoves.
[8.369.2.117 NMAC - N/E,
7/1/2026]
8.369.2.118 WATER
HEATERS FOR COMMUNITY HOMES:
A. Fuel-fired
hot water heaters must be enclosed and separated from other parts of the
building by construction as required by current state and local building
codes. Any inspection report or
certificate is maintained by the facility.
B. All
water heaters must be equipped with a pressure relief valve (pop-off valve)
vented to the outside or a drain in the building.
C. Water
heaters must not be located in sleeping rooms, or rooms opening into sleeping
rooms.
[8.369.2.118 NMAC - N/E,
7/1/2026]
8.369.2.119 TOILETS,
SINKS AND BATHING FACILITIES FOR COMMUNITY HOMES:
A. All
fixture and plumbing must be installed in accordance with current state and
local plumbing codes.
B. All
toilets must be enclosed and vented.
C. All
toilet rooms must be provided with a lavatory for hand washing.
D. All
toilet rooms must be kept supplied with toilet paper.
E. All
lavatories for hand washing must be kept supplied with disposable towels for
hand drying or provided with a mechanical blower. The use of a common towel is prohibited.
F. The
location, type and minimum number of toilets, sinks and bathing facilities are
as follows:
(1) Toilets and sinks for children must be provided in a ratio
of at least one toilet and one sink for every six children in care.
(2) Showers or tubs must be provided in a ratio of at least one
shower or tub for every six children in care.
G. If
a facility provides services to both sexes, separate facilities must be
provided for each sex in the same ratio as stated above.
H. A
combination of a tub and shower is permitted.
I. Tubs
and showers have a slip resistant surface.
J. Facilities
serving disabled children must have grab bars in tubs and showers.
K. Facilities
serving disabled children must have toilet room doors that swing out.
L. If
a facility has live-in staff, a separate toilet, sink, and bathing facilities
for staff must be provided and are not counted in the ratios stated above.
M. Toilets,
sinks, and bathing facilities must be readily available to children. No passage through a child’s room by another
child to reach a toilet, sink or bathing facility is permitted.
N. New
facilities must have a minimum of one toilet and bathing facility which meet
the requirements for the disabled.
O. A
facility providing services to children under age two must have a hand-washing
sink in the bedroom area, or a bathroom in the bedroom area.
[8.369.2.119 NMAC - N/E,
7/1/2026]
8.369.2.120 CORRIDORS
FOR COMMUNITY HOMES:
A. Corridors
in each facility must have a minimum width of 36 inches.
B. Corridors
in newly constructed facilities must have a minimum width of 44 inches.
C. Corridors
must have a clear ceiling height of not less than seven feet measured from the
lowest projection of the ceiling.
D. Corridors
must remain clear and free of obstructions at all times.
E. In
facilities contained within existing commercial or residential buildings,
lesser corridor widths may be allowed if not in conflict with building or fire
codes and if approved by the licensing authority prior to occupying the
facility.
[8.369.2.120 NMAC - N/E,
7/1/2026]
8.369.2.121 DOORS
FOR COMMUNITY HOMES:
A. All
exit doors must have a minimum width of 36 inches.
B. All
sleeping room doors must have at least one and three quarter inches bonded
solid core, with a minimum width of 32 inches.
C. All
doors to toilet and bathing facilities must have a minimum width of 24 inches.
D. Locks
on doors to toilets must be of a type that the lock can be released from the
outside.
E. Exit
doors leading to the outside of a facility with a capacity of 10 or more
children must open outward.
F. Exit
doors leading to the outside of a facility must be provided with a night latch,
dead bolt or security chain, provided such devices open from the inside without
the use of a key or tool and are mounted at a height not to exceed 48 inches
above the finished floor.
G. Sleeping
room doors for non-mobile children must be at least one and three quarter
inches bonded solid core, with a minimum width of 44 inches.
H. Each
sleeping room housing non-mobile children must have a 44-inch exit door leading
directly to the outside.
[8.369.2.121 NMAC - N/E,
7/1/2026]
8.369.2.122 MINIMUM
ROOM DIMENSIONS FOR COMMUNITY HOMES:
A. All
habitable rooms in a facility must have a ceiling height of not less than seven
feet, six inches.
B. Kitchens,
halls, bathrooms and toilet compartments must have a ceiling height of not less
than seven feet.
C. All
habitable rooms other than a kitchen must not be less than seven feet in any
dimension.
D. Any
room with a sloped ceiling is subject to review and approval or disapproval by
the licensing authority, based upon uniform building code computation of
minimum area.
[8.369.2.122 NMAC - N/E,
7/1/2026]
8.369.2.123 WINDOWS
FOR COMMUNITY HOMES:
A. Children’s
sleeping rooms and activity rooms must have a window area of at least one-tenth
the floor area with the minimum allowed total being 10 square feet.
B. Sleeping
rooms must provide at least one window for egress or rescue with a minimum net
clear opening of 5.7 square feet. The
minimum net clear opening for height dimensions is 24 inches. The minimum net clear opening width dimension
is 20 inches.
C. Egress
and rescue windows must have a finished sill height of not more than forty-four
inches above the floor. Exception: If the sleeping room has a door leading
directly to the outside, an egress/rescue window is not required.
D. Bars,
grills, and grates or similar devices may be installed on emergency escape or
rescue windows or doors only if equipped with release mechanisms which can be
opened from the inside without the use of a key, knowledge or effort.
[8.369.2.123 NMAC - N/E,
7/1/2026]
8.369.2.124 CHILDREN’S
ROOMS FOR COMMUNITY HOMES:
A. Each
child’s room must be an outside room.
B. There
must be no through traffic through children’s rooms.
C. Single
rooms must have at least 80 square feet of floor area. Closet and locker areas
are not counted as part of the floor area.
D. Not
more than four children over the age of two may occupy a designated bedroom
space. Exception: Children’s crisis shelters may have dormitory
type sleeping areas with no limitation on the number of children as long as
minimum square footage requirements are met.
E. Facilities
which provide care and services to non-mobile children must have at least 100
square feet of floor area for each non-mobile resident.
F. Rooms
having more than one child must have at least 60 square feet for each bed; or
at least 90 square feet of floor area for each bunk, if double bunks are
used. Closet and locker area are not be
counted as part of the available floor space.
[8.369.2.124 NMAC - N/E,
7/1/2026]
8.369.2.125 FLOORS
AND WALLS FOR COMMUNTY HOMES:
A. Floor
material must be readily cleanable and wear resistant.
B. In
all areas subject to wet cleaning, floor materials must not be physically
degradable by liquid germicidal or cleaning solution.
C. Floors
subject to traffic while wet must have a slip resistant surface.
D. Wall
finishes must be washable and, in the proximity of plumbing fixtures, must be
smooth and moisture resistant.
E. Wall
bases in areas subject to wet cleaning must be covered with flooring and
tightly sealed baseboards.
F. Floor
and wall areas penetrated by pipes, ducts, and conduits must be tightly sealed
to minimize the entry of rodents and insects.
Joints of structural elements must be similarly sealed.
G. Threshold
and expansion joint covers must be flush with the floor surface to facilitate
the use of wheelchairs and carts.
[8.369.2.125 NMAC - N/E,
7/1/2026]
8.369.2.126 ACCESS
REQUIREMENTS FOR THE DISABLED IN NEW FACILITIES FOR COMMUNITY HOMES:
A. Accessibility
to the disabled must be provided in all new facilities and includes, at a
minimum, the following:
B. Main
entry into the facility must be level or incorporate a ramp to allow for
wheelchair access.
C. Building
layout must allow for access to main living area and dining area.
D. At
least one bedroom must have a door clearance of 32 inches.
E. At
least one toilet/bathing facility must provide a 60-inch diameter turning
radius.
F. If
ramps are used, the slope of each ramp must provide at least a 12-inch
horizontal run for each inch of vertical rise.
G. Ramps
exceeding a six-inch rise must be provided with handrails.
H. Additional
access requirements may apply depending upon the size and complexity of the
facility.
[8.369.2.126 NMAC - N/E,
7/1/2026]
8.369.2.127 SPECIAL
REQUIREMENTS FOR SECLUSION ROOMS IN COMMUNITY HOMES: Any facility
licensed pursuant to these regulations that uses a seclusion room in its
program must complies with all of the following:
A. The
room must have no less than 80 square feet of floor area.
B. The
door must be of substantial construction either one and three-quarter inches,
bonded solid core or metal able to withstand unusual stress.
C. The
door must be at least 32 inches wide, preferably 36 inches.
D. The
door must swing outward to prevent children from barricading themselves in the
room.
E. The
door must have a fixed wired glass vision panel not to exceed 1,296 square
inches and mounted in steel or other approved metal frame.
F. A
dual lock system that is simple to operate must be on the door. It must have a quickly operated throw bolt
and key lock.
G. The
floor must be of substantial construction with a smooth surface so that it
presents no danger in terms of materials that peel, splinter, or cause burns.
H. Walls
must be of high-impact resistance with nothing protruding from the walls that
would allow for climbing by children.
I. The
ceiling must be of monolithic construction and unreachable to children.
J. Light
fixtures must be security rated and recessed so children cannot break the lens,
bulbs, etc.
K. Windows
in the room must have security-rated screens with locks that cannot be picked.
L. There
must be nothing else in the room, including electrical outlets, switches,
holes, hardware, or places to hook things.
All heating and air-conditioning registers must be out of reach. There must be no sharp edges in the room such
as windowsills, baseboards, or wainscots.
M. Rooms
must be approved in writing from the state fire marshal or fire authority
having jurisdiction. These records must
be maintained by the facility.
N. There
must be an observation room adjoining or nearby the seclusion room that permits
continuous close observation by staff of a child placed in the seclusion room.
O. A
toilet room with a sink must be immediately accessible to the seclusion room.
[8.369.2.127 NMAC - N/E,
7/1/2026]
History of 8.369.2 NMAC:
[RESERVED]