PO Drawer 5619
Santa Fe, New Mexico 87502-5619
ELIZABETH GROGINSKY
CABINET SECRETARY
JOVANNA ARCHULETA
ASSISTANT SECRETARY for Native American
Early Childhood Education and Care
DR. KATHLEEN GIBBONS
DEPUTY SECRETARY
MICHELLE LUJAN GRISHAM
GOVERNOR
HOWIE MORALES
LIEUTENANT GOVERNOR
B
ecome a Registered Home Childcare Provider
Table of Contents
CHILD CARE PROVIDER NON-LICENSED REQUIREMENTS Pg .1
CHILD CARE SERVICES BUREAU OFFICES Pg. 3
Step 1: BACKGROUND CHECK AND FINGERPRINT INSTRUCTIONS Pg. 4
Step 2: APPLICATION PROCESS Pg. 8
Step 3: PREPARE FOR HOME VISIT Pg. 13
Step 4: CONTACT AND REGISTER WITH A FOOD PROGRAM SPONSOR Pg. 16
Child Care Homes Background Check and Fingerprint Instructions Pg. 18
Revised Oct. 04, 2021
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CHILD CARE SERVICES BUREAU OFFICES
REGISTERED HOMES UNIT
CHILD CARE SPECIALIST PHONE LIST
CENTRAL REGION
Bernalillo, Sandoval, Socorro, Valencia Counties
Margaret Williams, Regulatory Oversight Regional
Manager
3401 Pan American Freeway NE, Albuquerque, NM 87107
Margaret.Williams2@state.nm.us (505) 841-4840 (505) 841-4826
Peggy Martin, Child Care Compliance Supv.
3401 Pan American Freeway NE, Albuquerque, NM 87107
Peggy.Martin@state.nm.us (505) 841-4827 (505) 841-4826
Alicia Guerra Sr. Child Care Specialist
3401 Pan American Freeway NE, Albuquerque, NM 87107
Alicia.Guerra-Felix@state.nm.us (505) 841-4811 (505) 841-4803
Vacant, Child Care Specialist
3401 Pan American Freeway NE, Albuquerque, NM 87107
Vacant, Child Care Specialist
3401 Pan American Freeway NE, Albuquerque, NM 87107
Vacant, Child Care Specialist
3401 Pan American Freeway NE, Albuquerque, NM 87107
NORTHERN REGION
Cibola, McKinley, San Juan, San Miguel, Mora, Colfax, Harding, Union, Santa Fe,
Torrance, Taos, Rio Arriba, Los Alamos Counties
Diana Martinez, Child Care Compliance Supv.
1920 5th Street, Santa Fe, NM 87505
Diana.Martinez2@state.nm.us (505) 827-3814 (505) 827-4250
Rafael Garcia-Castaneda, Sr. Child Care Specialist
1920 5th Street, Santa Fe, NM 87505
Rafael.GarciaCastan@state.nm.us (505) 476-2319 (505) 827-4250
Jacob Romero, Child Care Specialist
1920 5th Street, Santa Fe, NM 87505
JacobC.Romero@state.nm.us (505) 476-2329 (505) 827-4250
Valanesia Johnson, Child Care Specialist
1720 East Aztec Ave. Gallup, NM 87301
Valenesia.Johnson@state.nm.us (505) 863-5167 (505) 863-0812
SOUTHWEST REGION
Dona Ana, Grant, Hidalgo, Catron, Luna, Otero, Lincoln, Sierra Counties
Allen Anderson, Regulatory Oversight Regional
Manager
#4 Grand Ave. Plaza Ste A, Roswell, NM 88202
Allen.Anderson@state.nm.us
(575) 625-1078 (575) 373-6648
Mary Arrey, Child Care Compliance Supv.
2805 Roadrunner Pkwy. Las Cruces, NM 88011
Mary.Arrey@state.nm.us
(575) 373-6609
(575) 373-6648
Joel Gonzalez, Sr. Child Care Specialist
2805 Roadrunner Pkwy. Las Cruces, NM 88011
JoelS.Gonzalez@state.nm.us (575) 373-6620 (575) 373-6648
James Joseph Flores, Child Care Specialist
2805 Roadrunner Pkwy. Las Cruces, NM 88011
JamesJ.Flores@state.nm.us (575) 373-6638 (575) 373-6648
Sergio Contreras, Child Care Specialist
2805 Roadrunner Pkwy. Las Cruces, NM 88011
Sergio.Contreras@state.nm.us (575) 373-6618 (575) 373-6648
Vacant, Child Care Specialist
2805 Roadrunner Pkwy. Las Cruces, NM 88011
Marcela Quezada, Child Care Specialist
2805 Roadrunner Pkwy. Las Cruces, NM 88011
Marcela.Quezada@state.nm.us (575) 373-6636 (575) 373-6648
Maura Barraza, Child Care Specialist
945 Anthony, Anthony, NM 88021
Maura.Barraza@state.nm.us
(575) 882-7871
x. 1207
(575) 882-2996
Zeelica Molina, Child Care Specialist
945 Anthony, Anthony, NM 88021
Zeelica.Molina@state.nm.us
(575) 882-7871
x. 1208
(575) 882-2996
SOUTHEAST REGION
Curry, DeBaca, Guadalupe, Chaves, Lea, Eddy, Roosevelt, Quay counties
Vacant, Child Care Compliance Supv.
#4 Grand Ave. Plaza Ste A, Roswell, NM 88202
Esther Lara, Child Care Specialist
#4 Grand Ave. Plaza Ste A, Roswell, NM 88202
Esther.Lara@state.nm.us (575) 625-1078 (575) 625-6748
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Subsidy & Food
Steps for Background Check
If you are planning on receiving contracts/subsidy money from ECECD, the primary caregiver and all adults (18 years and
older) must go through a full background check and pay $44 per applicant.
For example: I am a caregiver who wants to watch 4 or less children in my own home. My husband, son and I moved to New
Mexico two years ago from Colorado. The children I plan to watch have a contract with ECECD for child care assistance
(subsidy). I have two adult household members (my husband and adult son) who also live with me. I must get fingerprinted
and send in the Application for Background Check-Registered Home form, the Abuse and Neglect Check Authorization form
and my fingerprint submission number to the Santa Fe Background Check Unit. My husband and my son must each get
fingerprinted and send in their Adult Written Statement forms, their Abuse and Neglect Check Authorization forms along with
their fingerprint submission numbers to the Santa Fe Background Check Unit.
Primary Caregiver must:
□
Register at www.aps.gemalto.com or call (877) 996-6277
The ORI (employer) number is NM920120Z and the reason is Child Care Licensing
You will be issued a Fingerprint Registration ID Number after registration
□
Pay the $44 processing fee. Payment can be made by credit card at the time of registration (online or by phone) OR by
money ord
er made payable to 3M Cogent at the time of fingerprinting.
□
Complete the Application for Background Check-Registered Home (front and back) and put your Fingerprint
Registration
ID Number on the top of the application
Select Registered Home -Food and Subsidy on top left corner of the application
You must choose a Food Sponsor to put on your application (list of Food Sponsors will be made available to
you)
□
If you have lived outside of New Mexico during the last five (5) years, please complete the Abuse and Neglect Check
Authorization f
orm. Please disregard if you’ve lived in New Mexico for the past 5 years.
□
Go to one of the listed fingerprint locations and have fingerprints scanned
You will be issued a Fingerprint Submission Number (TCN number)
□
Mail, fax, or email the Application for Background Check-Registered Home, TCN number and, if applicable, the Abuse
and Neglect Ch
eck Authorization form to:
ECECD Background Check
Unit
PO Drawer 5619
Santa Fe, NM 87502
Fax: (505) 827-7422
Email: ECECD.BCU@state.nm.us
Household Members (18 years of age or older) must:
□
Register at www.aps.gemalto.com or call (877) 996-6277
The ORI (employer) number is NM920120Z and the reason is Child Care Licensing
You will be issued a Fingerprint Registration ID Number after registration
□
Pay the $44 processing fee. Payment can be made by credit card at the time of registration (online or by phone) OR
by money order made payable to 3M Cogent
at the time of fingerprinting.
□
Complete the Adult Written Statement form (one page) and put your Fingerprint Registration ID Number on the top
of the form
□
If you have lived outside of New Mexico during the last five (5) years, please complete the Abuse and Neglect
Check
Authorization form. Please disregard if you’ve lived in New Mexico for the past 5 years.
□
Go to one of the listed fingerprint locations and have your fingerprints scanned
You will be issued a Fingerprint Submission Number (TCN number)
□
Mail, fax, or email the Application for Background Check-Registered Home, TCN number and, if applicable, the
Abuse and
Neglect Check Authorization form to:
ECECD Background Check Unit
PO Drawer 5619
Santa Fe, NM 87502
F
ax: (505) 827-7422
Email: ECECD.BCU@state.nm.us
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Food-Only
If you do not wish to receive contracts/subsidy money from ECECD, then only the primary caregiver will obtain a full
background check and pay the $44 fee. All other household members (18 years and older) will need to have a child abuse and
neglect screen done.
For example: I am a caregiver who wants to watch 4 or less children in my own home. The children I plan to watch do not
have a contract with CYFD for child care assistance (subsidy) so I will only be participating in the food program. I have two
adult household members (my husband and adult son) who also live with me. I must get fingerprinted and send in the
Application for Background Check-Registered Home form and my fingerprint submission number to the Santa Fe Background
Check Unit. My husband and my son must do not need to be fingerprinted. They only need to send in their Adult Written
Statement forms to the Santa Fe Background Check Unit.
Primary Caregiver must:
□
Register at www.aps.gemalto.com or call (877) 996-6277
The ORI (employer) number is NM920120Z and the reason is Child Care Licensing
You will be issued a Fingerprint Registration ID Number after registration
□
Pay the $44 processing fee. Payment can be made by credit card at the time of registration (online or by phone) OR
by
money order made payable to 3M Cogent
at the time of fingerprinting.
□
Complete the Application for Background Check- Registered Home (front and back) and put your
Fingerprint Regi
stration ID Number on the top of the application
Select Registered Home -Food Only on top left corner of the application
You must choose a Food Sponsor to put on your application (list of Food Sponsors will be made
available to
you)
□
If you have lived outside of New Mexico during the last five (5) years, please complete the Abuse and Neglect
Check
Autho
rization form. Please disregard if you’ve lived in New Mexico for the past 5 years.
□
Go to one of the listed fingerprint locations and have fingerprints scanned
You will be issued a Fingerprint Submission Number (TCN number)
□
Mail, fax, or email the Application for Background Check-Registered Home, TCN number and, if applicable, the
Abuse and
Neglect Check Authorization form to:
ECECD Background Check Unit
PO Drawer 5619
Santa Fe, NM 87502
F
ax: (505) 827-7422
Email: ECECD.BCU@state.nm.us
Household Members (18 years of age or older):
□
Each adult household member must complete the Adult Written Statement only (fingerprints are NOT required for
household members)
□
If you have lived outside of New Mexico during the last five (5) years, please complete the Abuse and Neglect
Check
Autho
rization form. Please disregard if you’ve lived in New Mexico for the past 5 years.
□
Mail, fax, or email the Adult Written Statement(s) and, if applicable, the Abuse and Neglect Check Authorization
form(s) to:
ECECD Background Check Unit
PO Drawer 5619
Santa Fe, NM 87502
F
ax: (505) 827-7422
Email: ECECD.BCU@state.nm.us
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Exempt (Subsidy-only because children live in the registered home)
If you are planning on receiving contracts/subsidy money from ECECD for children who reside in your home, the primary
caregiver and all adults (18 years and older) must go through a full background check and pay $44 per applicant.
For example: I am a caregiver who wants to watch my grandchildren you live my home with their mother. The children
have a contract with ECECD for child care assistance (subsidy). I have two adult household members, my daughter (the
children’s mother) and my adult son who also live with me. I must get fingerprinted and send in the Application for
Background Check-Registered Home form and my fingerprint submission number to the Santa Fe Background Check Unit.
My daughter and my son must each get fingerprinted and send in their Adult Written Statement forms along with their
fingerprint submission numbers to the Santa Fe Background Check Unit.
Primary Caregiver must:
□
Register at www.aps.gemalto.com or call (877) 996-6277
The ORI (employer) number is NM920120Z and the reason is Child Care Licensing
You will be issued a Fingerprint Registration ID Number after registration
□
Pay the $44 processing fee. Payment can be made by credit card at the time of registration (online or by phone) OR
by money order made payable to 3M Cogent
at the time of fingerprinting.
□
Complete the Application for Background Check- Registered Home (front and back) and put your Fingerprint
Registration ID Number on the top of the application
Select Registered Home -Food and Subsidy on top left corner of the application
Please note: Exempt providers leave the Food Sponsor section blank
□
If you have lived outside of New Mexico during the last five (5) years, please complete the Abuse and Neglect
Check Authori
zation form. Please disregard if you’ve lived in New Mexico for the past 5 years.
□
Go to one of the listed fingerprint locations and have fingerprints scanned
You will be issued a Fingerprint Submission Number (TCN number)
□
Mail, fax, or email the Application for Background Check-Registered Home, TCN number and, if applicable, the
Abuse and
Neglect Check Authorization form to:
ECECD Background Check
Unit
PO Drawer 5619
Santa Fe, NM 87502
Fax: (505) 827-7422
Email: ECECD.BCU@state.nm.us
Household Members (18 years of age or older) must:
□
Register at www.aps.gemalto.com or call (877) 996-6277
The ORI (employer) number is NM920120Z and the reason is Child Care Licensing
You will be issued a Fingerprint Registration ID Number after registration
□
Pay the $44 processing fee. Payment can be made by credit card at the time of registration (online or by phone) OR
by money order made payable to 3M Cogent
at the time of fingerprinting.
□
Complete the Adult Written Statement form (one page) and put your Fingerprint Registration ID Number on the top
of the form
□
If you have lived outside of New Mexico during the last five (5) years, please complete the Abuse and Neglect
Check Authori
zation form. Please disregard if you’ve lived in New Mexico for the past 5 years.
□
Go to one of the listed fingerprint locations and have your fingerprints scanned
You will be issued a Fingerprint Submission Number (TCN number)
□
Mail, fax, or email the Adult Written Statement, Abuse and Neglect Check Authorization form, TCN number and, if
applicable, the A
buse and Neglect Check Authorization form to:
ECECD Background
Check Unit
PO Drawer 5619
Santa Fe, NM 87502
Fax: (505) 827-7422
Email: ECECD.BCU@state.nm.us
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Step 3:
PREPARE
FOR HOME VISIT
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Child Care Homes
Background Check
and
Fingerprint Instructions
IF YOU HAVE QUESTIONS ABOUT YOUR BACKGROUND CHECK, CONTACT:
Background Check Unit
Phone: (505) 827-9910
Fax: (505) 827-7422
Email:
Address: P.O. Drawer 5619
Santa Fe, NM 87502-5619
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Application for Background Check AND
Cogent Fingerprint Submission Receipt for
each employee
Dispositions (if applicable)
Employer Statement for each employee
LICENSED HOME
Submit the following:
Application for Background check AND
Cogent Fingerprint Submission Receipt for the
following:
Primary caregiver
Employee or other caregiver
Household members over 18 years of age
Dispositions (if applicable)
REGISTERED HOME -
SUBSIDY & FOOD
Submit the following:
Application for Background Check AND
Cogent Fingerprint Submission Receipt for the
following:
Primary caregiver
Substitute caregiver
Adult Written Statement AND
Cogent Fingerprint Submission Receipt for the
following:
Household members over 18 years of age
Adults over the age of 18 that spend a
significant amount of time in the home
Dispositions (if applicable)
*Please note: The primary caregiver must name
a food sponsor in Section 1.
REGISTERED HOME -
FOOD ONLY
Submit the following:
Application for Background Check AND
Cogent Fingerprint Submission Receipt for the
following:
Primary caregiver
Substitute caregiver
Adult Written Statement (No Fingerprint
Submission Receipt required) for the following:
Household members over the age of 18
Adults over the age of 18 that spend a
significant amount of time in the home
Dispositions (if applicable)
*
Please note: The primary caregiver must name
a food sponsor in Section 1.
Please see reverse side for background check & fingerprinting procedures.
CHECKLIST
Please refer to the box below that indicates correct setting.
FACILITY AND CENTER
Submit the following:
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BACKGROUND CHECK & FINGERPRINTING PROCEDURE
REGISTRATION:
To begin the application process, every new applicant is required to register
either online at www.cogentid.com or by phone at 877-996-6277.
1.
At the time of registration you will be asked to provide an ORI and reason for fingerprinting.
The proper ORI is NM920120Z and the reason for fingerprinting is Child Care Licensing.
•
If this information is entered incorrectly you may be required to re-register
and pay an additional fee.
2.
The fee is $44.00 and may be paid by credit card at the time of registration
or by money order made payable to 3M Cogent at the time of
fingerprinting.
FINGERPRINTING:
Locate a fingerprinting site during the time of registration by clicking on the
fingerprint location map. You may choose from a variety of locations. If you are
registering by phone, simply ask the customer service representative for a location
near you. No appointment is necessary.
FOLLOW UP:
It is very important to remember to submit the proper ECECD background check
forms along with your fingerprint registration receipt immediately to the background
check unit. We will not know that you’ve been fingerprinted unless we receive your
forms. These forms may be mailed, emailed or faxed to:
ECECD Background Check
Unit
PO Drawer 5619
Santa Fe, NM 87502
Fax: (505) 827-7422
Email:
If a background clearance has not been received within 4-6 weeks or if you have any
questions regarding the background check process, please call for assistance.
Phone: (505) 827-9910
Toll Free: (888) 317-7326
*The information submitted will be used to conduct an FBI supported background check.
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NEW REQUIRED FORM
NEW BACKGROUND CHECK REGULATIONS WENT INTO EFFECT
ON OCTOBER 1, 2016, REQUIRING ABUSE AND NEGLECT
SCREENS IN ALL STATES WHERE AN APPLICANT HAS RESIDED
DURING THE LAST FIVE YEARS. IF AN APPLICANT HAS RESIDED
OUTSIDE OF THE STATE OF NEW MEXICO WITHIN THE LAST FIVE
YEARS, THEY MUST ALSO SUBMIT THE FOLLOWING ABUSE AND
NEGLECT CHECK AUTHORIZATION FORM.
PLEASE NOTE THIS FORM IS ONLY REQUIRED IF AN APPLICANT
HAS LIVED OUTSIDE OF NEW MEXICO DURING THE LAST FIVE
YEARS.
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NEW MEXICO CHILD CARE APPLICANTS
Early Childhood Education and Care Department (ECECD)
Abuse and Neglect Check Authorization
List your birth name and every married name(s), hyphenated name(s), nick name(s), or variation of a name you have ever used.
Please spell out every name, no initials. If no middle name, please indicate “NMN.”
Social Security Number: Date of Birth:
Place of Birth (city, state, country):
Current physical address: State: Zip:
Mailing address: State: Zip:
Phone number:
List all previous addresses where you lived at any time during the past 5 years:
Street Address
City, State
Dates of Residence
I hereby authorize ECECD to seek and receive child abuse and neglect information from each State where I resided during
the preceding five years for child care eligibility purposes.
Signature Date
FOR _______ STATE AGENCY USE ONLY
Name of State
☐ A search of our abuse and neglect database has been completed on the above named applicant. A record of
substantiated child abuse or neglect was not found.
☐ A search of our abuse and neglect database has been completed on the above named applicant. A substantiated report of
a
buse or neglect was found to exist and is as follows:
Date
Physical Abuse
Physical Neglect
Sexual Abuse
Search processed by: Date
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APPLICATION FOR BACKGROUND CHECK - REGISTERED HOME
Type of Home: (please check one)
Type of Caregiver: (please check one)
Fingerprint
Registration ID Number
Registered Home - Subsidy & Food
Registered Home - Food Only
Primary Caregiver
Substitute Caregiver
Name of Primary Caregiver: __________________________________
1.
Please Choose a Food Sponsor: (Primary Caregiver ONLY)
Sponsor: Representative: Phone:
Address:
City/State:
Zip:
2. INFORMATION ABOUT THE APPLICANT / CAREGIVER:
First Name: Middle Name: Last Name: Please include any aliases/AKA
No Middle Name Initial Only
Physical Address:
Mailing
Address:
Same as Physical
City, State and ZIP:
City,
State and ZIP:
Primary Phone Number:
Social Security Number:
Secondary Phone Number:
Date of Birth:
Primary Language
Place of Birth:
Sex:
(circle one)
Male Female
Marital Status: (circle one)
Single Married Separated
Divorced
Widowed
3. INFORMATION ON CURRENT ADULT HOUSEHOLD MEMBERS
If you need more space, use a separate sheet of paper.
First Name: Middle Name: Last Name: Social Security Number: Date of Birth:
Relationship:
Sex (M/F)
1.
2.
3.
4.
4. Employment History (past ten years, include
dates of employment / explain gaps in employment)
5. Educational History (list most recent first)
University, College, Vocational Training, and High School)
Name of Employer Dates Employed
Name of Institution DatesAttended
a.
a.
b.
b.
c.
c.
d.
d.
Include additional sheets if necessary
Include additional sheets if necessary
6. COLLATERAL INFORMATION TO BE USED FOR ABUSE / NEGLECT SCREEN:
Previous Addresses for the last five years. If you need more space, use a separate sheet of paper.
Street Address: City: State: Zip:
a.
b.
c.
d.
Official Use Only - Must be signed by ECECD Representative
APPROVAL OF REGISTERED CARE:
This application has been reviewed under the applicable regulations found at 8.8.3 NMAC General Provisions, Governing Background Checks and Employment History
Verification, and a determination has been made that this applicant is granted Background Check Eligibility. Any changes to this application must be immediately
reported to ECECD for a determination that the applicant continuesto meet the criteria set forth in 8.8.3 NMAC.
_______________________________________________
ECECD Representative
Date
ECECD. Background Check Unit. Registered Home Application. 01/26/2021. Page 1 of 2
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NAME: SOCIAL SECURITY NUMBER
7.
ALL HOUSEHOLD MEMBERS THAT HAVE LIVED WITH YOU WITHIN THE LAST FIVE YEARS (list all adults and children)
First Name: Middle Name: Last Name: Social Security Number: Date of Birth:
Relationship:
Sex (M/F)
a.
b.
c.
d.
Include additional sheets if necessary
8.
INTERACTION WITH ECECD
a.
Have you ever been denied a background check from ECECD or another state or federal licensing agency of any kind?
Yes
No
If yes, you must provide a detailed explanation of the circumstances.
b.
Have you ever been the subject of a ECECD or other state social service agency investigation of abuse/neglect of children or adults as the alleged perpetrator or
household member? Note: If you do not understand this question, seek clarification. Failure to answer this question truthfully may lead to a denial of your
application.
Yes
No
If yes, you must provide a detailed explanation of the circumstances of each investigation, date and outcome.
9. INTERACTION WITH LAW ENFORCEMENT
Have you ever been charged with, arrested for, or convicted of a crime?
Yes
No
If Yes:
When?
Where?
List
the name of the crime(s) you were charged with:
What was the disposition (outcome)? Please attach a copy of the court disposition.
Explain the circumstances surrounding each criminal charge, arrest or conviction:
10. APPLICANT SIGNATURE
Signature of Applicant
Date
I understand that information submitted will be used to conduct an FBI supported background check and I, ______________________________________,
hereby affirm under penalty of perjury that all the answers given on this statement are true and accurate to the best of my knowledge. By signing this
affirmation, I am acknowledging that any falsehoods, omissions, or intentionally misleading answers will be grounds for denial of my application. If I do not
understand any of the questions, I will seek help and ask for more information.
ECECD. Background Check Unit. Registered Home Application. 01/26/2021. Page 2 of 2
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ADULT WRITTEN STATEMENT - REGISTERED HOME
Primary Provider's Name:
Fingerprint Registration ID Number
Primary Provider's Address:
(NOT NEEDED IN FOOD ONLY HOME)
Household Member
I spend a significant amount of time in Primary Provider's Home
1. INFORMATION ABOUT THE PERSON COMPLETING THIS FORM:
First Name: Middle Name: Last Name:
Please include any aliases/AKA
Social Security Number:
Date of Birth:
Sex:
Telephone Number:
2.
CURRENT MARITAL STATUS
Single
Married
Separated Divorced
Widowed
3. CURRENT ADDRESS
4.
PREVIOUS ADDRESSES (past five years, most recent first, and include complete addresses and dates you resided there)
a.
b.
c.
d.
Include additional sheets if necessary
5. EMPLOYMENT HISTORY (past ten years, include dates of
6.
EDUCATIONAL HISTORY (list most recent first)
employment / explain gaps in employment)
(University, College, Vocational Training and High School)
Name of Employer
Dates Employed
a.
Name of Institution
Dates Attended
a.
b.
b.
c.
c.
d.
d.
e.
e.
7.
ALL HOUSEHOLD MEMBERS THAT HAVE LIVED WITH YOU WITHIN THE LAST FIVE YEARS (list all adults and children)
First Name:
Middle Name:
Last Name: Social Security Number:
Date of Birth: Sex (M. F.)
a.
b.
c.
d.
Include additional sheets if necessary
8.
INTERACTION WITH ECECD
Have your ever been denied a background check from ECECD or another state or federal licensing
agency of any kind?
Yes
No
If yes, you must provide a detailed explanation of the circumstances.
Have you ever been the subject of a ECECD or other state social service agency investigation of
abuse/neglect of children or adults as the alleged
perpetrator
or household member? Note: if you do not understand this question, seek clarification. Failure to answer this question truthfully may lead to a denial
of your application.
Yes
No
If yes, you must provide a detailed explanation of the circumstances of each investigation, date and outcome.
9.
INTERACTION WITH LAW ENFORCEMENT
Have you ever been charged with, arrested for, or convicted of a crime? Note: if you do not understand this question, seek clarification. Failure to answer this
question truthfully may lead to a denial of your application.
Yes
No
If yes: When
Where
List the name of the crime(s) you were charged with:
What was the disposition (outcome)? (Please attach a copy of the court disposition).
Explain the circumstances surrounding each criminal charge, arrest or conviction:
10.
SIGNATURE
,
I understand that information submitted will be used to conduct an FBI supported background check and I,
hereby affirm under penalty of perjury that all the answers given on this statement are true and accurate to the best of my knowledge. By signing this
affirmation, I am acknowledging that any falsehoods, omissions, or intentionally misleading answers will be grounds for denial of my application. If I do not
understand any of the questions, I will seek help and ask for more information.
Signature of Adult
Date
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Disposition Request Information Sheet
ECECD is requesting disposition because some types of convictions can result in denial of
a background check clearance. Disposition means outcome. ECECD wants to know the
final outcome of the arrest.
Where to find disposition
Disposition can often be found at the courts in the county where you were arrested. You can also
contact the agency that arrested you, or contact the attorney who represented you, if you had one.
Phone numbers for the Courts, Police Departments, and Attorneys can generally be found in the
phone book, in the Government and/or Yellow pages. Out of state information might be found on
the internet.
Acceptable forms of disposition
Dispositional information can be found in documents called:
Judgment and Sentence
Plea and Disposition Agreement
Nolle Prosequi
Certificate of Conviction
If you are unsure which of the forms contains your disposition, ask the Court clerk for help.
We will not accept
Clerk’s Certificates marked “No Felony Convictions”
Documentation from the arresting agency marked “No Record Found”
An explanation of the arrest from your attorney.
Please call our office at (505) 827-9910 if you have any questions.
Disposition must be received no later than 15 days after the date of the request. It is your
responsibility to provide this information to ECECD. This sheet is for informational purposes
only. Your search for disposition should not be limited to the ideas presented here.
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REGISTERED HOME - FOOD ONLY
ADDING ALL ADULTS OVER 18 YEARS OF AGE
===============================================================================
CAREGIVER’S INFORMATION
Provider Name: (include complete names)
________________________________ _________________________ _______________________ ________________________
Last Name First Name Middle Name Aliases/AKA
_____________________________________ _______________________ _________________ _____________________
Mailing Address City/State Zip Phone #
SS# _____________________________ DOB ______________________ Provider Number __________________
===========
====================================================================
NEW ADULT INFORMATION
All adult household members over 18 years of age and adults that spend a significant amount of time in the Provider's home will
undergo a criminal history and an abuse and neglect screen to identify any disqualifying events. Please provide information
below:
Name
Please Circle All That Apply*
(include complete names; First, Middle, & Last)
1.
________________________________________ _______________________ H S NC
2.
________________________________________ _______________________ H S NC
3.
________________________________________ _______________________
H S NC
4.
________________________________________ _______________________
H S NC
Note: Please attach an Adult Written Statement for each new adult.
Background
checks are required
for
all
providers.
I certify that all information is true and correct. I have listed all persons over the age of 18 residing in my home and adults that spend a
significant amount of time in my home on this form. If any additional adults move into my home or begin spending a significant amount of
time in my home at any time during the next 12 months, I will notify ECECD. I also hereby authorize ECECD to conduct a Background
Check as applicable.
_________________________________________
Signature of Provider
______
_________________________
Date
Date of Clearance Letter: ____________________
Sponsor _____________________________________________
Relationship to
Provider
Early Childhood Education & Care Department, P.O. Drawer 5619, Santa Fe, NM 87502 Revised 01/26/2021
H = Household Member
*
S = Adult spending significant amount of time in provider's home but does not reside in the provider's home.
*
NC = Adult previously cleared but needs a new background check.
*
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TITLE 8 SOCIAL SERVICES
CHAPTER 8 CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS
PART 3 GOVERNING BACKGROUND CHECKS AND EMPLOYMENT HISTORY
VERIFICATION
8.8.3.1 ISSUING
AGENCY: Children, Youth and Families Department
[8.8.3.1 NMAC - Rp, 8.8.3.1 NMAC, 10/1/16]
8.8.3.2 SCOPE: This rule has general applicability to operators, volunteers, including student interns,
staff and employees, and prospective operators, staff and employees, of child-care facilities, including every facility,
CYFD contractor, program receiving CYFD funding or reimbursement, the administrative office of the courts
(AOC) supervised visitation and safe exchange program, or other program that has or could have primary custody of
children for twenty hours or more per week, juvenile treatment facilities, and direct providers of care for children in
including, but not limited to the following settings: Children’s behavioral health services and licensed and registered
child care, including shelter care.
[8.8.3.2 NMAC - Rp, 8.8.3.2 NMAC, 10/1/16]
8.8.3.3 STATUTOR
Y AUTHORITY: The statutory authority for these regulations is contained in the
Criminal Offender Employment Act, Section 28-2-1 to 28-2-6 NMSA and in the New Mexico Children’s and
Juvenile Facility Criminal Records Screening Act, Section 32A-15-1 to 32A-15-4 NMSA 1978 Amended.
[8.8.3.3 NMAC - Rp, 8.8.3.3 NMAC, 10/1/16]
8.8.3.4 DURATION:
Permanent
[8.8.3.4 NMAC - Rp, 8.8.3.4 NMAC, 10/1/16]
8.8.3.5 EFFECTIV
E DATE: October 1, 2016, unless a later date is cited at the end of a section.
[8.8.3.5 NMAC - Rp, 8.8.3.5 NMAC, 10/1/16]
8.8.3.6 OBJECTI
VE:
A. The purpose of these regulations is to set out general provisions regarding background checks and
employment history verification required in settings to which these regulations apply.
B. Background checks are conducted in order to identify information in applicants’ backgrounds
bearing on whether they are eligible to provide services in settings to which these regulations apply.
C. Abuse and neglect screens are conducted by BCU staff and include a screen of abuse and neglect
information in databases in New Mexico and in each State where the applicant resided during the preceding five
years in order to identify those persons who pose a continuing threat of abuse or neglect to care recipients in settings
to which these regulations apply.
[8.8.3.6 NMAC - Rp, 8.8.3.6 NMAC, 10/1/16]
8.8.3.7 DEFINITI
ONS:
A. AOC means administrative office of the courts.
B. ADMINISTRATIVE REVIEW means an informal process of reviewing a decision that may
include an informal conference or hearing or a review of written records.
C. ADMINISTRATOR means the adult in charge of the day-to-day operation of a facility. The
administrator may be the licensee or an authorized representative of the licensee.
D. ADULT means a person who has a chronological age of 18 years or older, except for persons
under medicaid certification as set forth in Subsection K below.
E. APPEAL means a review of a determination made by the BCU, which may include an
administrative review or a hearing.
F. APPLICANT means any person who is required to obtain a background check under these rules
and NMSA 1978, Section 32A-15-3.
G. ARREST means notice from a law enforcement agency about an alleged violation of law.
H. BCU means the CYFD background check unit.
I. BACKGROUND CHECK means a screen of CYFD’s information databases, state and federal
criminal records and any other reasonably reliable information about an applicant.
J. CARE RECIPIENT means any person under the care of a licensee.
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K. CHILD means a person who has a chronological age of less than 18 years, and persons under
applicable medicaid certification up to the age of 21 years.
L. CONDITIONAL EMPLOYMENT means a period of employment status for a new applicant prior
to the BCU’s final disposition of the applicant’s background check.
M. CRIMINAL HISTORY means information possessed by law enforcement agencies of arrests,
indictments, or other formal charges, as well as dispositions arising from these charges.
N. DIRECT, PHYSICAL SUPERVISION means continuous visual contact or live video observation
by a direct provider of care who has been found eligible by a background check of an applicant during periods when
the applicant is in immediate physical proximity to care recipients.
O. DIRECT PROVIDER OF CARE means any individual who, as a result of employment or,
contractual service or volunteer service has direct care responsibilities or potential unsupervised physical access to
any care recipient in the settings to which these regulations apply.
P. ELIGIBILITY means the determination that an applicant does not pose an unreasonable risk to
care recipients after a background check is conducted.
Q. EMPLOYMENT HISTORY means a written summary of the most recent three-year period of
employment with names, addresses and telephone numbers of employers, including dates of employment, stated
reasons for leaving employment, and dates of all periods of unemployment with stated reasons for periods of
unemployment, and verifying references.
R. LICENSED means authorized to operate by the licensing authority by issuance of an operator’s
license or certification certificate.
S. LICENSEE means the holder of, or applicant for, a license, certification, or registration pursuant
to 7.20.11 NMAC, 7.20.12 NMAC, 8.16.2 NMAC, 7.8.3 NMAC; 8.17.2 NMAC or other program or entity within
the scope of these regulations, including AOC supervised visitation and safe exchange program providers. CYFD
LICENSEE means program or entity within the scope of these regulations except the AOC supervised visitation and
safe exchange program providers.
T. LICENSING AUTHORITY means the CYFD division having authority over the licensee.
U. MORAL TURPITUDE means an intentional crime that is wanton, base, vile or depraved and
contrary to the accepted rules of morality and duties of a person within society. In addition, because of the high risk
of injury or death created by, and the universal condemnation of the act of driving while intoxicated, a crime of
moral turpitude includes a second or subsequent conviction for driving while intoxicated or any crime involving the
use of a motor vehicle, the elements of which are substantially the same as driving while intoxicated. The record
name of the second conviction shall not be controlling; any conviction subsequent to an initial one may be
considered a second conviction.
V. RELEVANT CONVICTION means a plea, judgment or verdict of guilty, no contest, nolo
contendere, conditional plea of guilty, or any other plea that would result in a conviction for a crime in a court of
law in New Mexico or any other state. The term RELEVANT CONVICTION also includes decrees adjudicating
juveniles as serious youthful offenders or youthful offenders, or convictions of children who are tried as adults for
their offenses. Successful or pending completion of a conditional discharge under Section 31-20-13 (1994) NMSA
1978, or Section 30-31-28 (1972) NMSA 1978, or a comparable provision of another state’s law, is not a relevant
conviction for purposes of these regulations, unless or until such time as the conditional discharge is revoked or
rescinded by the issuing court. The term RELEVANT CONVICTION does not include any of the foregoing if a
court of competent jurisdiction has overturned the conviction or adjudicated decree and no further proceedings are
pending in the case or if the applicant has received a legally effective pardon for the conviction. The burden is on
the applicant to show that the applicant has a pending or successful completion of any conditional discharge or
consent decree, or that the relevant conviction has been overturned on appeal, or has received a legally effective
pardon.
W. UNREASONABLE RISK means the quantum of risk that a reasonable person would be unwilling
to take with the safety or welfare of care recipients.
[8.8.3.7 NMAC - Rp, 8.8.3.7 NMAC, 10/01/16]
8.8.3.8
APPLICABILITY: These regulations apply to all licensees and direct providers of care in the
following settings:
A. behavior management skills development;
B. case management services;
C. group home services;
D. day treatment services;
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E. residential treatment services;
F. treatment foster care services agency staff;
G. licensed child care homes;
H. licensed child care centers;
I. registered child care homes;
J. licensed shelter care;
K. licensed before and after school care;
L. non-licensed or exempt after school programs participating in the at risk component of the child
and adult care food program;
M. comprehensive community support services;
N. CYFD contractors and any other programs receiving CYFD funding or reimbursement; and
O. AOC supervised visitation and safe exchange program providers.
[8.8.3.8 NMAC - Rp, 8.8.3.8 NMAC, 10/1/16]
8.8.3.
9 NON-APPLICABILITY:
A. These regulations do not apply to the following settings, except when otherwise required by
applicable certification requirements for child and adolescent mental health Services 7.20.11 NMAC or to the extent
that such a program receives funding or reimbursement from CYFD:
(1) hospitals or infirmaries;
(2) intermediate care facilities;
(3) children’s psychiatric centers;
(4) home health agencies;
(5) diagnostic and treatment centers;
(6) unlicensed or unregistered child care homes.
B. These regulations do not apply to the following adults:
(1) treatment foster care parents;
(2) relative care providers who are not otherwise required to be licensed or registered;
(3) foster grandparent volunteers;
(4) all other volunteers for any program or entity within the scope of these regulations if the
volunteer spends less than six hours per week at the program, is under direct physical supervision, and is not counted
in the facility ratio.
[8.8.3.9 NMAC - Rp, 8.8.3.9 NMAC, 10/01/16]
8.8.3.
10 COMPLIANCE:
A. Compliance with these regulations is a condition of licensure, registration, certification or renewal,
or continuation of same or participation in any other program or contract within the scope of these regulations.
B. The licensee is required to:
(1) submit an electronic fingerprint submission receipt and the required forms for all direct
providers of care, household members in licensed and registered child care homes, or any staff member, employee,
or volunteer present while care recipients are present, or other adult as required by the applicable regulations prior to
the commencement of service, whether employment or, contractual, or volunteer. In the case of a licensed child
care home and a registered home, the licensee must submit an electronic fingerprint submission receipt and the
required forms for new household members or for any adult who is required to obtain a background check pursuant
to 8.16.2 NMAC or 8.17.2 NMAC as applicable. However, in the case of a registered family child care food-only
home, all household members are only required to undergo a criminal history and child abuse and neglect screening.
(2) verify the employment history of any prospective direct provider of care by contacting
references and prior employers/agencies to elicit information regarding the reason for leaving prior employment or
service; the verification shall be documented and available for review by the licensing authority; EXCEPTION:
verification of employment history is not required for registered home providers or child care homes licensed for six
or fewer children.
(3) submit an adult household member written statement form for each adult household
member in a registered family child care food-only home setting in order to conduct criminal history and child abuse
and neglect screens on such household members; an adult household member is an adult living in the household or
an adult that spends a significant amount of time in the home; the licensee must submit the required forms for new
adult household members pursuant to 8.17.2 NMAC.
(4) provide such other information BCU staff determines to be necessary; and
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(5) maintain documentation of all applications, correspondence and eligibility relating to the
background checks required; in the event that the licensee does not have a copy of an applicant’s eligibility
documentation and upon receipt of a written request for a copy, the BCU may issue duplicate eligibility
documentation to the original licensee provided that the request for duplicate eligibility documentation is made
within one year of the applicant’s eligibility date.
C. If there is a need for any further information from an applicant at any stage of the process, the
BCU shall request the information in writing from the applicant. If the BCU does not receive the requested
information within fifteen calendar days of the date of the request, the BCU shall deny the application and send a
notice of background check denial.
D. Any person who knowingly makes a materially false statement in connection with these
requirements will be denied eligibility.
[8.8.3.10 NMAC - Rp, 8.8.3.10 NMAC, 10/01/016]
8.8.3.
11 COMPLIANCE EXCEPTIONS:
A. An applicant may not begin providing services prior to obtaining background check eligibility
unless all of the following requirements are met:
(1) the CYFD licensee may not be operating under a corrective action plan (childcare),
sanctions, or other form of disciplinary action;
(2) until receiving background eligibility the applicant shall at all times be under direct
physical supervision; this provision does not apply to registered child care home applicants;
(3) the licensee or applicant shall send the BCU a completed application form and an
electronic fingerprint submission receipt prior to the commencement of supervised services; and
(4) no more than 45 days shall have passed since the date of the initial application unless the
BCU documents good cause shown for an extension.
B. With the exception of the provision under 8.16.2.19 NMAC and 8.17.2.11 NMAC, if a direct
provider of care has a break in employment or transfers employment more than 180 days after the date of an
eligibility letter from the BCU, the direct provider of care must re-comply with 8.8.3.10 NMAC. A direct provider
of care may transfer employment, as permitted by 8.16.2.19 NMAC and 8.17.2.11 NMAC, or for a period of 180
days after the date of an eligibility letter from the BCU without complying with 8.8.3.10 NMAC only if the direct
provider of care submits a preliminary application that meets the following conditions:
(1) the direct provider of care submits a statement swearing under penalty of perjury that he
or she has not been arrested or charged with any crimes, has not been an alleged perpetrator of abuse or neglect and
has not been a respondent in a domestic violence petition;
(2) the direct provider of care submits an application that describes the prior and subsequent
places of employment, registration or certification with sufficient detail to allow the BCU to determine if further
background checks or a new application is necessary; and
(3) the BCU determines within 15 days that the direct provider of care’s prior background
check is sufficient for the employment or position the direct provider of care is going to take.
[8.8.3.11 NMAC - Rp, 8.8.3.11 NMAC, 10/01/16]
8.8.3.12 PROHIBITIONS:
A. Any CYFD licensee who violates these regulations is subject to revocation, suspension, sanctions,
denial of licensure, certification, or registration or termination of participation in any other program within the scope
of these regulations. AOC supervised visitation and safe exchange program providers will be monitored and
sanctioned by the AOC.
B. Licensure, certification, registration or participation in any other program within the scope of these
regulations is subject to receipt by the licensing authority of a satisfactory background check for the licensee or the
licensee’s administrator.
C. Except as provided in 8.8.3.13 NMAC below, licensure, certification, registration or participation
in any other program within the scope of these regulations may not be granted by the licensing authority if a
background check of the licensee or the licensee’s administrator reveals an unreasonable risk.
D. A licensee may not retain employment, volunteer service or contract with any direct provider of
care for whom a background check reveals an unreasonable risk. The BCU shall deliver one copy of the notice of
unreasonable risk to the facility or program by U.S. mail and to the licensing authority or the AOC by facsimile
transmission, e-mail or hand delivery.
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E. A licensee shall be in violation of these regulations if it retains a direct provider of care for more
than ten working days following the mailing of a notice of background check denial for failure to respond by the
BCU.
F. A licensee shall be in violation of these regulations if it retains any direct provider of care
inconsistent with Subsection A of 8.8.3.11 NMAC.
G. A licensee shall be in violation of these regulations if it hires, contracts with, uses in volunteer
service, or retains any direct provider of care for whom information received from any source including the direct
provider of care, indicates the provider of care poses an unreasonable risk to care recipients.
H. Any firm, person, corporation, individual or other entity that violates this section shall be subject
to appropriate sanctions up to and including immediate emergency revocation of license or registration pursuant to
the regulations applicable to that entity or termination of participation in any other program within the scope of these
regulations.
[8.8.3.12 NMAC - Rp, 8.8.3.12 NMAC, 10/01/16]
8.8.
3.13 ARRESTS, CONVICTIONS AND REFERRALS:
A. For the purpose of these regulations, the following information shall result in a conclusion that the
applicant is an unreasonable risk:
(1) a conviction for a felony, or a misdemeanor involving moral turpitude, and the criminal
conviction directly relates to whether the applicant can provide a safe, responsible and morally positive setting for
care recipients;
(2) a conviction for a felony, or a misdemeanor involving moral turpitude, and the criminal
conviction does not directly relate to whether the applicant can provide a safe, responsible and morally positive
setting for care recipients if the department determines that the applicant so convicted has not been sufficiently
rehabilitated;
(3) a conviction, regardless of the degree of the crime or the date of the conviction, of
trafficking in controlled substances, criminal sexual penetration or related sexual offenses or child abuse;
(4) a substantiated referral, regardless of the date, for sexual abuse or for a substantiation of
abuse or neglect relating to a failure to protect against sexual abuse;
(5) the applicant’s child is in CYFD or another State’s custody at the time the application is
processed by the BCU; or
(6) a registration, or a requirement to be registered, on a State sex offender registry or
repository or the national sex offender registry established under the Adam Walsh Child Protection and Safety Act
of 2006.
B. A disqualifying conviction may be proven by:
(1) a copy of the judgment of conviction from the court;
(2) a copy of a plea agreement filed in court in which a defendant admits guilt;
(3) a copy of a report from the federal bureau of investigation, criminal information services
division, or the national criminal information center, indicating a conviction;
(4) a copy of a report from the state of New Mexico, department of public safety, or any
other agency of any state or the federal government indicating a conviction;
(5) any writing by the applicant indicating that such person has been convicted of the
disqualifying offense, provided, however, that if this is the sole basis for denial, the applicant shall be given an
opportunity to show that the applicant has successfully completed or is pending completion of a conditional
discharge for the disqualifying conviction.
C. If a background check shows pending charges for a felony offense, any misdemeanor offense
involving domestic violence, child abuse, any other misdemeanor offense of moral turpitude, or an arrest but no
disposition for any such crime, there shall be a determination of unreasonable risk if a conviction as charged would
result in a determination of unreasonable risk.
D. If a background check shows a pending child protective services referral or any other CYFD
investigation of abuse or neglect, there shall be a determination of unreasonable risk.
E. If a background check shows that an applicant has an outstanding warrant, there shall be a
determination of unreasonable risk.
[8.8.3.13 NMAC - Rp, 8.8.3.13 NMAC, 10/01/16]
8.8.
3.14 UNREASONABLE RISK:
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A. The BCU may, in its discretion, use all reasonably reliable information about an applicant and
weigh the evidence about an applicant to determine whether the applicant poses an unreasonable risk to care
recipients. The BCU may also consult with legal staff, treatment, assessment or other professionals in the process of
determining whether the cumulative weight of credible evidence establishes unreasonable risk.
B. In determining whether an applicant poses an unreasonable risk, the BCU need not limit its
reliance on formal convictions or substantiated referrals, but nonetheless must only rely on evidence with indicia of
reliability such as:
(1) reliable disclosures by the applicant or a victim of abuse or neglect;
(2) domestic violence orders that allowed an applicant notice and opportunity to be heard and
that prohibits or prohibited them from injuring, harassing or contacting another;
(3) circumstances indicating the applicant is or has been a victim of domestic violence;
(4) child or adult protection investigative evidence that indicates a likelihood that an
applicant engaged in inappropriate conduct but there were reasons other than the credibility of the evidence to not
substantiate; or
(5) any other evidence with similar indicia of reliability.
[8.8.3.14 NMAC - Rp, 8.8.3.14 NMAC 10/01/16]
8.8.
3.15 REHABILITATION PETITION: Any applicant whom the BCU concludes is an unreasonable
risk on any basis other than those described at Paragraphs (1), (3), (4), (5), or (6) of Subsection A of 8.8.3.13
NMAC, may submit to the BCU a rehabilitation petition describing with specificity all information that tends to
demonstrate that the applicant is not an unreasonable risk. The petition may include, but need not be limited to, a
description of what actions the applicant has taken subsequent to any events revealed by the background check to
reduce the risk that the same or a similar circumstance will recur.
[8.8.3.15 NMAC - Rp, 8.8.3.15 NMAC 10/1/16]
8.8.
3.16 ELIGIBILITY SUSPENSIONS, REINSTATEMENTS AND REVOCATIONS:
A. An applicant’s background check eligibility may be suspended for the following:
(1) an arrest or criminal charge for any felony offense, any misdemeanor offense involving
domestic violence, child abuse or any other misdemeanor offense of moral turpitude if a conviction as charged
would result in a determination of unreasonable risk;
(2) a pending child protective services referral or any other CYFD investigation of abuse or
neglect; or
(3) an outstanding warrant.
B. It is the duty of the administrator of a facility or the licensee and the background check eligibility
holder, upon learning of any of the above, to notify the licensing authority immediately. Failure to immediately
notify the licensing authority may result in the revocation of background check eligibility.
C. A suspension of background check eligibility shall have the same effect as a determination of
unreasonable risk until the matter is resolved and eligibility is affirmatively reinstated by the BCU.
D. Background check eligibility may be reinstated as follows:
(1) If the applicant can provide information relating to the disqualifying criminal charge that
would show that a criminal conviction as charged would not lead to an unreasonable risk;
(2) If the matter causing the suspension is resolved within six months of the suspension, the
applicant may provide documentation to the BCU showing how the matter was resolved and requesting
reinstatement of background check eligibility. After review, the BCU may reinstate background check eligibility or
may revoke eligibility. If, the applicant’s eligibility is revoked, the applicant may appeal the revocation.
(3) If the matter causing the suspension is resolved after six months of the suspension, the
applicant may reapply for clearance for the same licensee by submitting an electronic fingerprint submission receipt
and the required forms. After review, the BCU may reinstate background check eligibility or may revoke eligibility.
If the applicant’s eligibility is revoked, the applicant may appeal the revocation.
[8.8.3.16 NMAC - N, 10/1/16]
8.8.
3.17 APPEAL RIGHTS:
A. Denials: Any applicant who is found ineligible after completion of background check may request
an administrative review from CYFD. The request for an administrative review shall be in writing and the applicant
shall cause the BCU to receive it within 15 days of the date of the BCU’s written notice of a determination of
unreasonable risk. If the request is mailed, three days are added after the period would otherwise expire. The
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administrative review shall be completed by a review of the record by a hearing officer designated by the cabinet
secretary. The hearing officer’s review is limited to:
(1) whether the BCU’s conclusion of unreasonable risk is supported by any section of thes
e
r
egulations; and
(2) whether the applicant has been erroneously identified as a person with a relevant
conviction or substantiated referral. The review will be completed on the record presented to the hearing officer and
includes the applicant’s written request for an administrative review and other relevant evidence provided by the
applicant. The hearing officer conducts the administrative review and submits a recommendation to the cabinet
secretary no later than 60 days after the date the request for administrative review is received unless CYFD and the
applicant agree otherwise.
B. Suspensions and revocations: A previously cleared applicant whose eligibility has bee
n
s
uspended or revoked may appeal that decision to CYFD and shall be entitled to a hearing pursuant to CYFD’s
administrative hearing regulations at 8.8.4 NMAC. The request for appeal shall be in writing and the applicant shall
cause the BCU to receive it within 15 days of the date of the BCU’s written notice of suspension. If the request is
mailed, three days are added after the period would otherwise expire.
[8.8.3.17 NMAC - Rp 8.8.3.16, 10/1/16]
HIS
TORY OF 8.8.3 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records
Center:
HED 85-6 (HSD), Regulations Governing Criminal Records Check and Employment History of Licensees and Staff
of Child Care Facilities, 8/30/85.
His
tory of Repealed Material:
HED 85-6 (HSD), Regulations Governing Criminal Records Check and Employment History of Licensees and Staff
of Child Care Facilities, filed - Repealed 7/30/2001.
8.8.3 NMAC, Governing Criminal Records Checks and Employment History Verification, filed 7/30/2001 -
Repealed effective 3/29/2002.
8.8.3 NMAC, Governing Criminal Records Checks and Employment History Verification, filed 3/15/2002 -
Repealed effective 10/30/03.
8.8.3 NMAC, Governing Background Checks and Employment History Verification, filed 10/16/2003 - Repealed
effective 3/31/2006.
8.8.3 NMAC, Governing Background Checks and Employment History Verification, filed 3/31/2006 - Repealed
effective 10/1/2016.
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