1. A. A caregiver will directly supervise and actively care for children at all times during hours of operation including outdoor playtime and naptime. Caregivers will interact with children and provide a safe and positive learning environment.
2. B. Children will never be left unattended. A caregiver will be with the children at all times whether activities are inside or outside of the home. Caregivers will be onsite, available and responsive to children during all hours of operation.

3. C. A caregiver will use guidance that is positive, consistent and age-appropriate. The caregiver will not use:

   1. (1) physical punishment of any type, including shaking, biting, hitting, pinching or putting anything on or in a child’s mouth;
   2. (2) withdrawal of food, rest, bathroom access, or outdoor activities;
   3. (3) abusive or profane language, including yelling;
   4. (4) any form of public or private humiliation, including threats of physical punishment; or
   5. (5) unsupervised separation; or
   6. (6) children will not be lifted by the arms, hands, wrist, legs, feet, ankles, or clothing.
4. D. Each home must develop policies and procedures for expulsion of children. Policies and procedures shall include how the home will maintain a positive environment and will focus on preventing the expulsion of children age birth to five. The home must develop policies that include clear, appropriate, consistent expectations, and consequences to address disruptive student behaviors; and ensure fairness, equity, and continuous improvement.
5. E. Each home must develop an anti-discrimination policy that promotes the equal access of services for all children and families and prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, or age (40 and older).
6. F. Each home must offer children activities and experiences that are developmentally appropriate, allow children choices, and promote positive social, emotional, physical and intellectual growth and well-being. Caregivers will schedule activities in these areas. A caregiver will schedule routine activities such as meals, snacks, rest periods, and outdoor play to provide structure to the children's daily routine. Other activities should be flexible based on changes in the children's interests. A caregiver will also provide a variety of indoor and outdoor equipment to meet the children's developmental interests and needs. Equipment will encourage large and fine muscle activity, solitary and group play and active and quiet play. Television, videotapes and video games should be limited to two hours a day and should be age-appropriate.
7. G. Caregivers of infants will allow them to crawl or toddle. Infants shall not be confined to one area for prolonged periods of time unless the infant is content and responsive. Children that are awake should be moved every 30 minutes to offer new stimulation.
8. H. Infants shall either be held or be fed sitting up for bottle-feeding. Infants unable to sit shall always be held for bottle-feeding. Infants and toddlers shall not be placed in a laying position while drinking bottles or sippy cups. The carrying of bottles and sippy cups by young children throughout the day or night shall not be permitted. Caregivers will allow infants to eat and sleep on their own schedules. Children will not be allowed to walk/run with pacifiers. Pacifiers will not be used outside of cribs in rooms with mobile infants or toddlers. Pacifiers will be labeled and not shared. Pacifiers will not be tied to the child. Dropped pacifiers shall be cleaned using warm water and soap.

9. I. Caregivers will ensure age appropriate naps or rest periods as follows:

   1. (1) A home shall allow children who do not sleep to get up and participate in quiet activities that do not disturb the other children.
   2. (2) Caregivers shall ensure that nothing covers the face or head of a child age 12 months or younger when the child is laid down to sleep and while the child is sleeping.
   3. (3) Caregivers shall not place anything over the head or face of a child over 12 months of age when the child is laid down to sleep and while the child is sleeping.
   4. (4) No child(ren) shall be allowed to sleep behind closed doors.

10. J. Swimming, wading and water:

    1. (1) A caregiver must obtain written permission from a parent or guardian before a child enters a pool;

    2. (2) If a home has a portable wading pool:

       1. (a) a home will drain and fill the wading pool with fresh water daily and disinfect the pool regularly;
       2. (b) a home will empty a wading pool when it is not in use and remove it from areas accessible to children; and
       3. (c) a home will not use a portable wading pool placed on concrete or asphalt.

    3. (3) If a home has a built in or above ground swimming pool, ditch, fish pond or other water hazard:

       1. (a) the fixture will be constructed, maintained and used in accordance with applicable state and local regulations;
       2. (b) the fixture will be constructed and protected so that, when not in use, it is inaccessible to children; and

       3. (c) when in use, children will be constantly supervised and ensure adequate safety for the ages, abilities and type of water hazard in use.

          HISTORY OF 8.17.2 NMAC:

          Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of Public Records - State Records Center and Archives:

          ISD CCAP 400, Provider Registration, 11/4/1991

          ISD CCAP 500, Provider Selection and Payment, 11/4/1991

          History of Repealed Material:

          8 NMAC 17.2, Requirements Governing Registration of Non-Licensed Family Child Care Homes - repealed 8/1/2000.

          8.17.2 NMAC, Requirements Governing Registration of Non-Licensed Family Child Care Homes - repealed 11/30/2001.

          8.17.2 NMAC, Requirements Governing Registration of Non-Licensed Family Child Care Homes - repealed 11/1/2002.

          8.17.2 NMAC, Requirements Governing Registration of Non-Licensed Family Child Care Homes - repealed 02/14/2005.

          8.17.2 NMAC, Requirements Governing Registration of Non-Licensed Family Child Care Homes - repealed 8/31/2006.

          8.17.2 NMAC, Requirements Governing Registration of Non-Licensed Family Child Care Homes - repealed 7/30/2015.

          8.17.2 NMAC, Requirements Governing Registration of Non-Licensed Family Child Care Homes - repealed 10/1/2016.

[8.17.2.25 NMAC - Rp, 8.17.2.26 NMAC, 10/1/2016, A, 1/1/2022]