SB 58 — CHILDCARE FACILITY LICENSING ACT

The criteria shall provide for = = 19 more severe sanctions for a violation that results in any abuse a l i a e r 20 or neglect of a child or violations that place children at a t m m 21 substantial risk of serious physical or mental harm.

d r e 22 SECTION 4.

[NEW MATERIAL] LICENSURE--CHILD CARE c e s k 23 FACILITY--RENEWAL--COMPLAINTS.-- e a n b 24 A.

A child care facility shall not be operated u [ without a license issued by the department.

If a child care .230043.3 - 3 - SHPAC/SB 58 facility is found to be operating without a license, in order to protect human health or safety, the department may issue a cease-and-desist order.

A child care facility that receives a cease-and-desist order may request from the department a hearing that shall be held in the manner provided in Section 5 of the Child Care Facility Licensing Act.

B.

A license-exempt child care facility may elect to register with the department.

Upon department approval and for the purposes of the Child Care Facility Licensing Act, registration shall be treated as a license.

A license-exempt child care facility that registers pursuant to this subsection may enroll to participate in the United States department of agriculture child and adult care food program administered by the department and receive child care assistance.

C.

Upon written application for a license to operate a child care facility or for registration by a license- e t 17 exempt child care facility, the department shall promptly w l n d 18 inspect the facility to determine if it is in compliance with = = 19 the law and all rules of the department.

a l i a e r 20 D.

Upon inspection of a child care facility or a t m m 21 registered license-exempt child care facility, if the d r e 22 department finds a violation of its rules or the Child Care c e s k 23 Facility Licensing Act, the department may deny the application e a n b 24 for licensure or registration, whether initial or renewal, or, u [ for a child care facility, it may issue a temporary license.

A .230043.3 - 4 - SHPAC/SB 58 temporary license shall not be issued for a period exceeding one hundred twenty days, nor shall more than two consecutive temporary licenses be issued to the same child care facility.

E.

A three-year nontransferable license shall be issued to a child care facility complying with all rules of the department, and a three-year registration shall be issued to a license-exempt child care facility complying with all rules of the department.

Licenses shall be posted in a conspicuous place on the licensed premises.

F.

Upon filing of a renewal application, the license or registration shall be renewable for a successive three-year period if the department is satisfied that the child care facility or license-exempt child care facility is in compliance with all rules of the department or, if not in compliance with a rule, has been granted a waiver or variance of that rule by the department pursuant to procedures, e t 17 conditions and guidelines adopted by rule of the department.

w l n d 18 G.

The department may charge a child care facility = = 19 or license-exempt child care facility a reasonable fee not to a l i a e r 20 exceed one thousand dollars ($1,000) for each license a t m m 21 application or registration, whether initial or renewal, of a d r e 22 license or the second consecutive issuance of a temporary c e s k 23 license.

The fee charged shall be assessed pursuant to a e a n b 24 tiered fee structure adopted by the department based on the u [ size and type of facility.

All fees collected pursuant to this .230043.3 - 5 - SHPAC/SB 58 section shall be deposited with the state treasurer for credit in a designated department recurring account for use administering the Child Care Facility Licensing Act.

H.

The department shall allow for a person to submit a complaint about a child care facility or license- exempt child care facility.

The department shall promptly investigate a submitted complaint and take appropriate action if the complaint is substantiated.

The department shall cross-reference among appropriate agencies, including the children, youth and families department, allegations of abuse, neglect or exploitation.

I.

The name of and information regarding a person making a complaint shall not be disclosed publicly absent the consent of the person or a court order.

J.

A complaint received by the department pursuant to this section shall not be disclosed publicly in a manner as e t 17 to identify a person or facility if upon investigation the w l n d 18 complaint is unsubstantiated.

= = 19 SECTION 5.

[NEW MATERIAL] REVOCATION OR SUSPENSION OF a l i a e r 20 CHILD CARE FACILITY LICENSE--HEARINGS--APPEALS--SANCTIONS-- a t m m 21 CIVIL PENALTY.-- d r e 22 A.

Upon determination that a child care facility or c e s k 23 registered license-exempt child care facility is not in e a n b 24 compliance with a licensing requirement, department rule or u [ provision of the Child Care Facility Licensing Act, the .230043.3 - 6 - SHPAC/SB 58 department, after notice and opportunity for a hearing before a fair and impartial hearing officer designated by the department to hear the matter, may:

(1) revoke or suspend a licensee's license or registration;

(2) impose on a child care facility or registered license-exempt child care facility an intermediate sanction established by rule, including:

(a) conditions of operation;

(b) denial of payment of child care assistance;

(c) restricted admissions;

(d) reduction of capacity;

and (e) cease-and-desist order of action;

and (3) assess a civil penalty, with interest, not e t 17 to exceed ten thousand dollars ($10,000) per day for each day w l n d 18 the facility is or was out of compliance.

Penalties and = = 19 interest amounts assessed under this paragraph and recovered on a l i a e r 20 behalf of the state shall be remitted to the department in a a t m m 21 recurring account in the state treasury for the sole purpose of d r e 22 funding the nonreimbursed cost of child care facility c e s k 23 compliance investigations.

e a n b 24 B.

If immediate action is required to protect human u [ health and safety, the department may suspend a licensee's .230043.3 - 7 - SHPAC/SB 58 license or registration or impose an intermediate sanction pursuant to Subsection A of this section pending a hearing;

provided that the hearing is held within five working days of the suspension or imposition of the sanction, unless waived by the licensee.

C.

The department shall schedule a hearing if the department receives a request for a hearing from a child care facility or registered license-exempt child care facility:

(1) within ten working days after receipt by the facility of the notice of suspension, revocation, imposition of an intermediate sanction or civil monetary penalty or denial of an initial or renewal application;

(2) within five working days after receipt by the facility of an emergency suspension order or emergency intermediate sanction imposition and notice of hearing unless the facility wishes to waive the early hearing scheduled and e t 17 request a hearing at a later date;

or w l n d 18 (3) within five working days after receipt by = = 19 the facility of a cease-and-desist order.

a l i a e r 20 D.

The department shall provide timely notice of a t m m 21 the date, time and place of a hearing, identity of the hearing d r e 22 officer, subject matter of the hearing and alleged violations.

c e s k 23 E.

A hearing held pursuant to this section shall be e a n b 24 conducted by a fair and impartial hearing officer designated by u [ the department and in accordance with adjudicatory hearing .230043.3 - 8 - SHPAC/SB 58 rules and procedures adopted by rule of the department.

A child care facility or registered license-exempt child care facility has the right to be represented by counsel, present all relevant evidence by means of witnesses and books, papers, documents, records, files and other evidence and examine all opposing witnesses who appear on any matter relevant to the issues.

The hearing officer has the power to administer oaths on request of any party and issue subpoenas and subpoenas duces tecum prior to or after the commencement of the hearing to compel discovery and the attendance of witnesses and the production of relevant books, papers, documents, records, files and other evidence.

F.

A party to the hearing may appeal the final decision of the department pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

SECTION 6.

[NEW MATERIAL] VIOLATION OF ACT, ORDER OR e t 17 RULE--PETTY MISDEMEANOR--PENALTIES.--A person who operates a w l n d 18 child care facility without a license in violation of the Child = = 19 Care Facility Licensing Act is guilty of a petty misdemeanor a l i a e r 20 and shall be punished by a fine not to exceed five hundred a t m m 21 dollars ($500) or imprisonment in the county jail for a d r e 22 definite term not to exceed six months or both such fine and c e s k 23 imprisonment in the discretion of the court.

Each day of a e a n b 24 continuing violation of Subsection A of Section 4 of the Child u [ Care Facility Licensing Act after conviction shall be .230043.3 - 9 - SHPAC/SB 58 considered a separate offense.

The department may also enforce its rules and orders by any appropriate civil action.

The attorney general shall represent the department.

SECTION 7.

Section 13-1-98 NMSA 1978 (being Laws 1984, Chapter 65, Section 71, as amended by Laws 2023, Chapter 149, Section 2 and by Laws 2023, Chapter 174, Section 1) is amended to read:

"13-1-98.

e t 17 C.

printing and duplicating contracts involving w l n d 18 materials that are required to be filed in connection with = = 19 proceedings before administrative agencies or state or federal a l i a e r 20 courts;

a t m m 21 D.

purchases of publicly provided or publicly d r e 22 regulated gas, electricity, water, sewer and refuse collection c e s k 23 services;

e at n17 b 24 E.

purchases of books, periodicals, instructional uw [l n d 18 materials and training materials in printed, digital or .230043.3= -= 1019 - SHPAC/SB 58 electronic format from the publishers, designated public- a l i a e r 20 education-department-approved instructional material a t m m 21 depositories or copyright holders thereof and purchases of d r e 22 print, digital or electronic format library materials by c e s k 23 public, school and state libraries for access by the public;

e a n b 24 F.

travel or shipping by common carrier or by u [ private conveyance or to meals and lodging;

.231177.4 - 2 - SJC/SHPAC/SB 58 G.

procurement of tangible personal property or services, as defined by Sections 13-1-87 and 13-1-93 NMSA 1978, by the corrections industries division of the corrections department pursuant to rules adopted by the corrections e t 17 industries commission, which shall be reviewed by the w l n d 18 purchasing division of the general services department prior to = = 19 adoption;

a l i a e r 20 J.

purchases not exceeding ten thousand dollars a t m m 21 ($10,000) consisting of magazine subscriptions, web-based or d r e 22 electronic subscriptions, conference registration fees and c e s k 23 other similar purchases where prepayments are required;

e at n17 b 24 K.

municipalities having adopted home rule charters uw [l n d 18 and having enacted their own purchasing ordinances;

.230043.3= -= 1119 - SHPAC/SB 58 L.

the issuance, sale and delivery of public a l i a e r 20 securities pursuant to the applicable authorizing statute, with a t m m 21 the exception of bond attorneys and general financial d r e 22 consultants;

c e s k 23 M.

contracts entered into by a local public body e a n b 24 with a private independent contractor for the operation, or u [ provision and operation, of a jail pursuant to Sections 33-3-26 .231177.4 - 3 - SJC/SHPAC/SB 58 and 33-3-27 NMSA 1978;

contracts and expenditures for services or items of tangible personal property to be paid or compensated by e t 17 money or other property transferred to New Mexico law w l n d 18 enforcement agencies by the United States department of justice = = 19 drug enforcement administration;

a l i a e r 20 P.

contracts for retirement and other benefits a t m m 21 pursuant to Sections 22-11-47 through 22-11-52 NMSA 1978;

d r e 22 Q.

c e s k 23 R.

contracts and expenditures for legal e at n17 b 24 subscription and research services and litigation expenses in uw [l n d 18 connection with proceedings before administrative agencies or .230043.3= -= 1219 - SHPAC/SB 58 state or federal courts, including experts, mediators, court a l i a e r 20 reporters, process servers and witness fees, but not including a t m m 21 attorney contracts;

d r e 22 S.

contracts for service relating to the design, c e s k 23 engineering, financing, construction and acquisition of public e a n b 24 improvements undertaken in improvement districts pursuant to u [ Subsection L of Section 3-33-14.1 NMSA 1978 and in county .231177.4 - 4 - SJC/SHPAC/SB 58 improvement districts pursuant to Subsection L of Section 4-55A-12.1 NMSA 1978;

contracts entered into by a local public body with a person, firm, organization, corporation or association or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico for the operation and maintenance of a hospital pursuant to Chapter 3, Article 44 e t 17 NMSA 1978, lease or operation of a county hospital pursuant to w l n d 18 the Hospital Funding Act or operation and maintenance of a = = 19 hospital pursuant to the Special Hospital District Act;

a l i a e r 20 V.

purchases of advertising in all media, including a t m m 21 radio, television, print and electronic;

d r e 22 W.

purchases of promotional goods intended for c e s k 23 resale by the tourism department;

e at n17 b 24 X.

procurement of printing, publishing and uw [l n d 18 distribution services for materials produced and intended for .230043.3= -= 1319 - SHPAC/SB 58 resale by the cultural affairs department;

a l i a e r 20 Y.

procurement by or through the public education a t m m 21 department from the federal department of education relating to d r e 22 parent training and information centers designed to increase c e s k 23 parent participation, projects and initiatives designed to e a n b 24 improve outcomes for students with disabilities and other u [ projects and initiatives relating to the administration of .231177.4 - 5 - SJC/SHPAC/SB 58 improvement strategy programs pursuant to the federal Individuals with Disabilities Education Act;

purchases of products or services for eligible persons with disabilities pursuant to the federal e t 17 Rehabilitation Act of 1973;

w l n d 18 BB.

procurement, by either the department of health = = 19 or Grant county or both, of tangible personal property, a l i a e r 20 services or construction that are exempt from the Procurement a t m m 21 Code pursuant to Section 9-7-6.5 NMSA 1978;

d r e 22 CC.

contracts for investment advisory services, c e s k 23 investment management services or other investment-related e at n17 b 24 services entered into by the educational retirement board, the uw [l n d 18 state investment officer or the retirement board created .230043.3= -= 1419 - SHPAC/SB 58 pursuant to the Public Employees Retirement Act;

a l i a e r 20 DD.

the purchase for resale by the state fair a t m m 21 commission of feed and other items necessary for the upkeep of d r e 22 livestock;

c e s k 23 EE.

contracts entered into by the crime victims e a n b 24 reparation commission to distribute federal grants to assist u [ victims of crime, including grants from the federal Victims of .231177.4 - 6 - SJC/SHPAC/SB 58 Crime Act of 1984 and the federal Violence Against Women Act of 1994;

e t 17 HH.

contracts entered into by the forestry division w l n d 18 of the energy, minerals and natural resources department to = = 19 distribute federal grants to nongovernmental entities and a l i a e r 20 individuals selected through an application process conducted a t m m 21 by the United States department of agriculture, the United d r e 22 States department of the interior or any division or bureau c e s k 23 thereof for programs for wildfire prevention or protection, e at n17 b 24 urban forestry, forest and watershed restoration and uw [l n d 18 protection, reforestation or economic development projects to .230043.3= -= 1519 - SHPAC/SB 58 advance the use of trees and wood biomass for hazardous fuel a l i a e r 20 reduction;

and a t m m 21 II.

procurements exempt from the Procurement Code d r e 22 as otherwise provided by law." c e s k 23 SECTION 8.2.

Section 32A-23-232A-23-3 NMSA 1978 (being Laws 2005, e a n b 24 Chapter 170, Section 2,3, as amended) is amended to read:

"32A-23-2.u [ "32A-23-3.

FINDINGS.--TheDEFINITIONS.--As legislatureused findsin that:the Pre-Kindergarten .231177.4 - 7 - SJC/SHPAC/SB 58 Act:

[special"community" needsmeans are]an allarea youngdefined children,by includingschool thosedistrict withboundaries, disabilities,tribal mustboundaries haveor accessjoint toboundaries high-of qualitya earlyschool childhooddistrict programs.and tribe;

The need to maintain early education opportunities for all young children is present among the state's population of three- and four-year-old children and those needs warrant the provision of universal and free early pre-kindergarten and pre-kindergarten programs;

B.

participation in quality early pre-kindergarten and pre-kindergarten has a positive effect on children's e t 17 intellectual, emotional, social and physical development;

and w l n d 18 C.

early pre-kindergarten and pre-kindergarten will = = 19 advance governmental interests and childhood development and a l i a e r 20 school readiness." a t m m 21 SECTION 9.

Section 32A-23-3 NMSA 1978 (being Laws 2005, d r e 22 Chapter 170, Section 3, as amended) is amended to read:

c e s k 23 "32A-23-3.

DEFINITIONS.--As used in the Pre-Kindergarten e a n b 24 Act:

u [ A.

"community" means an area defined by school .230043.3 - 16 - SHPAC/SB 58 district boundaries, tribal boundaries or joint boundaries of a school district and tribe;

"early pre-kindergarten program" means a statewide, voluntary developmental readiness program for eligible children [who have attained their third birthday prior to September 1 that delivers to eligible children programs] that [address] addresses their total developmental needs, including their physical, cognitive, social and emotional e t 17 needs, and that supports their development in the areas of w l n d 18 health care, nutrition and safety and multicultural awareness;

e= t= 1719 [D.] E.

wa l ni da 18e r 20 (1) for early pre-kindergarten, a person [age =a =t 19m m 21 three or four] who is:

ad lr i a e r22 20 (a) three years old on September 1 of ac te ms mk 2123 the early pre-kindergarten [or] program year;

de ra en 22b 24 (b) enrolled in a head start preschool;

cu e[ s k 23 or e.231177.4 a- n8 b- 24SJC/SHPAC/SB 58 (c) eligible for special education and u [ related services under Part B, Section 619 of the federal .230043.3 - 17 - SHPAC/SB 58 Individuals with Disabilities Education Act;

"pre-kindergarten program" means a e t 17 statewide, voluntary developmental readiness program for w l n d 18 eligible children [who have attained their fourth birthday e= t= 1719 prior to September 1] that delivers [to eligible children] wa l ni da 18e r 20 programs that address their total developmental needs, =a =t 19m m 21 including their physical, cognitive, social and emotional ad lr i a e r22 20 needs, and that supports their development in the areas of ac te ms mk 2123 health care, nutrition and safety and multicultural awareness;

de ra en 22b 24 [H.] I.

"public provider" means a school district cu e[ s k 23 or charter school;

and e.231177.4 a- n9 b- 24SJC/SHPAC/SB 58 [I.] J.

"tribe" means an Indian nation, tribe or u [ pueblo located in New Mexico." .230043.3 - 18 - SHPAC/SB 58 SECTION 10.3.

The department shall establish standards and performance measures for the early pre-kindergarten and pre- kindergarten programs to ensure the delivery of high-quality, e t 17 effective services that prepare participating children for w l n d 18 kindergarten.

The department and the public education e= t= 1719 department shall cooperate to align standards for early pre- wa l ni da 18e r 20 kindergarten, pre-kindergarten and kindergarten programs.

=a =t 19m m 21 Those departments shall enter into an agreement to share data ad lr i a e r22 20 necessary to report on the early pre-kindergarten and pre- ac te ms mk 2123 kindergarten programs' performance, including the percentage of de ra en 22b 24 program participants who:

cu e[ s k 23 (1) enter kindergarten:

e.231177.4 a- n10 b- 24SJC/SHPAC/SB 58 (a) developmentally prepared for it;

u [ (b) needing special services;

and .230043.3 - 19 - SHPAC/SB 58 (c) proficient in reading and mathematics;

The department shall promulgate rules on pre- kindergarten and early pre-kindergarten program services, including state policies and standards defining length of service for pre-kindergarten and early pre-kindergarten programs, and shall review the process for making contract e t 17 awards and for the expenditure and use of contract funds.

The w l n d 18 department shall promulgate these rules in consultation with an e= t= 1719 advisory council in the department that shall be composed of a wa l ni da 18e r 20 diverse geographic representation of eligible providers, =a =t 19m includingm representatives21 ofincluding for-profitsix parents and nonprofittwo communityrepresentatives aof leach iof athe ed r 20e providers,22 headfollowing: start programs, tribal programs and public a t m m 21 providers and parents.

dfor-profit rand nonprofit community providers, head c e 22s E.k 23 start programs, tribal programs and public providers.

The department shall monitor activity under c e s k 23 early pre-kindergarten and pre-kindergarten program [contracts] e a n b 24 agreementsE. to ensure adherence to child-centered, u [ developmentally appropriate practices and outcomes.

The .230043.3department -shall 20monitor -activity SHPAC/SBunder 58u department[ shallearly providepre-kindergarten earlyand childhoodpre-kindergarten trainingprogram and[contracts] technical.231177.4 assistance- to11 [contract]- awardSJC/SHPAC/SB recipients,58 includingagreements trainingto onensure social-emotionaladherence learning,to earlychild-centered, literacydevelopmentally andappropriate earlypractices mathematics.and outcomes.

The department shall provide early childhood training and technical assistance to [contract] award recipients, including training on social-emotional learning, early literacy and early mathematics.

Each year, the department shall provide an annual report to the governor and the legislature on the early pre-kindergarten and pre-kindergarten programs." SECTION 11.4.

The department shall solicit the delivery of [both] half-day and full-day early pre-kindergarten and pre- kindergarten program services based on community need to e t 17 support a system of mixed delivery programming by publishing [a w l n d 18 request for proposals or] a request for applications that e= t= 1719 contains the same requested information for pre-kindergarten wa l ni da 18e r 20 services.

=a =t 19m m 21 B.

Eligible providers shall submit [proposals] ad lr i a e r22 20 applications to the department that shall include a description ac te ms mk 2123 of the services that will be provided, including:

de ra en 22b 24 (1) how the provider's services meet cu e[ s k 23 [department] and adhere to the pre-kindergarten standards e.231177.4 a- n12 b- 24SJC/SHPAC/SB 58 established by the department;

u [ (2) the number of eligible children the .230043.3 - 21 - SHPAC/SB 58 provider [can] intends to serve;

[(5)] (4) a description of the qualifications and experience of the provider's service-delivery staff for each site, including evidence that the provider's lead teachers have at minimum a bachelor's degree in early childhood and the provider's educational assistants have at minimum an associate's degree in early childhood, or evidence that lead teachers or educational assistants are actively engaged in education towardstoward these requirements or that the lead teachers or educational assistants have received an exemption, which may e t 17 be provided by the department in limited circumstances as w l n d 18 provided by rule;

e= t= 1719 [(6)] (5) the provider's plan for wa l ni da 18e r 20 communicating with and involving parents of children in the =a =t 19m m 21 early pre-kindergarten and pre-kindergarten programs;

ad lr i a e r22 20 [(7)] (6) how the provider's services meet the ac te ms mk 2123 continuum of services to children;

de ra en 22b 24 (7) a description of the provider's approach cu e[ s k 23 to the curriculum that will be implemented;

e.231177.4 a- n13 b- 24SJC/SHPAC/SB 58 (8) a description of the provider's plan to u [ support children with special needs;

.230043.3 - 22 - SHPAC/SB 58 (9) a description of the provider's plan to provide each child with age-appropriate health and development screenings;

In selecting among [proposals and] applications e t 17 for the delivery of early pre-kindergarten and pre-kindergarten w l n d 18 program services, the department shall give priority to e= t= 1719 programs in communities with public elementary schools wa l ni da 18e r 20 designated as Title I schools in which at least sixty-six =a =t 19m m 21 percent of the children served reside within the attendance ad lr i a e r22 20 zone of a Title I elementary school.

It shall further ac te ms mk 2123 consider:

de ra en 22b 24 (1) the number of eligible children residing cu e[ s k 23 in the community and the number of eligible children proposed e.231177.4 a- n14 b- 24SJC/SHPAC/SB 58 to be served;

u [ (2) the adequacy and capacity of all pre- .230043.3 - 23 - SHPAC/SB 58 kindergarten and early pre-kindergarten facilities in the community;

[(8)] (6) the degree of local support for early pre-kindergarten and pre-kindergarten program services in e t 17 the community;

and w l n d 18 [(9)] (7) other relevant criteria specified by e= t= 1719 department rule.

wa l ni da 18e r 20 E.

[A contract] An agreement with an eligible =a =t 19m m 21 provider for early pre-kindergarten and pre-kindergarten ad lr i a e r22 20 program services shall provide that funds not be used for any ac te ms mk 2123 religious, sectarian or denominational purposes, instruction or d r e 22a material."n cb e24 smaterial." ku 23[ SECTION 12.5.

Section 32A-23C-1 NMSA 1978 (being Laws 2018, e.231177.4 a- n15 b- 24SJC/SHPAC/SB 58 Chapter 44, Section 1) is amended to read:

u [ "32A-23C-1.

SHORT TITLE.--[This act] Chapter 32A, Article .230043.3 - 24 - SHPAC/SB 58 23C NMSA 1978 may be cited as the "Early Childhood Care Accountability Act"." SECTION 13.6.

"culturally and linguistically appropriate" e t 17 means taking into consideration the culture, customs and w l n d 18 language of an eligible family;

e= t= 1719 C.

"department" means the early childhood education wa l ni da 18e r 20 and care department;

=a =t 19m m 21 [C.] D.

"early childhood care assistance" means ad lr i a e r22 20 assistance administered by the department that provides child ac te ms mk 2123 care through the child care assistance program for children de ra en 22b 24 under five years of age as the primary service delivery cu e[ s k 23 strategy through a contract with the department and that offers e.231177.4 a- n16 b- 24SJC/SHPAC/SB 58 services based on income criteria and need for care to parents u [ with children who have not yet entered kindergarten;

.230043.3 - 25 - SHPAC/SB 58 [D.] E.

and e t 17 [G.] H.

"licensed exempt child care program" means w l n d 18 a child care home or facility that is exempt from child care e= t= 1719 licensing requirements pursuant to the [Public Health Act] wa l ni da 18e r 20 Children's Code." =a =t 19m m 21 SECTION 14.7.

Section 32A-23C-3 NMSA 1978 (being Laws 2018, ad lr i a e r22 20 Chapter 44, Section 3) is amended to read:

ac te ms mk 2123 "32A-23C-3.

LICENSED EARLY CHILDHOOD CARE PROGRAMS-- d r e 22a REQUIREMENTS.--n cb e24 sREQUIREMENTS.-- ku 23[ A.

The department shall adopt and promulgate rules e.231177.4 a- n17 b- 24SJC/SHPAC/SB 58 to establish specific standards for licensure and registration u [ of licensed early childhood care programs that provide care for .230043.3 - 26 - SHPAC/SB 58 children from birth to five years of age.

(2) define high-quality service delivery and e t 17 continuous quality improvement;

w l n d 18 (3) provide a common framework for early e= t= 1719 childhood care service delivery and accountability across all wa l ni da 18e r 20 early childhood care programs;

=a =t 19m m 21 (4) be designed to promote child well-being, ad lr i a e r22 20 early education, social-emotional support and an emphasis on ac te ms mk 2123 school readiness;

de ra en 22b 24 (5) allow for the collection, aggregation and cu e[ s k 23 analysis of common data;

e.231177.4 a- n18 b- 24SJC/SHPAC/SB 58 (6) be grounded in best practices geared u [ toward optimal health and developmental outcomes;

and .230043.3 - 27 - SHPAC/SB 58 (7) establish foundational and continuing education requirements for staff.

(5) collect data on program activities and outcomes for reporting in accordance with the tier levels that the department has established in rule, pursuant to Section [4 of the Early Childhood Care Accountability Act] 32A-23C-4 NMSA e t 17 1978;

w l n d 18 (6) be culturally and linguistically e= t= 1719 appropriate;

wa l ni da 18e r 20 (7) measure the promotion of positive =a =t 19m m 21 development and appropriate early childhood educational ad lr i a e r22 20 practices, in accordance with the tier levels that the ac te ms mk 2123 department has established in rule, pursuant to Section [4 of de ra en 22b 24 the Early Childhood Care Accountability Act] 32A-23C-4 NMSA cu e[ s k 23 1978;

e.231177.4 a- n19 b- 24SJC/SHPAC/SB 58 (8) ensure that enrolled children are up-to-[up-to- u [ date with immunizations, in accordance with state law;law] immunized in accordance with rules of the department, unless the child is properly exempted pursuant to Subsections C and D of this section;

.230043.3 - 28 - SHPAC/SB 58 (9) train staff on reporting any suspected child abuse and neglect to the department's protective services division and to local authorities;

and (11) follow a curriculum that is aligned with child development functional areas, including the New Mexico early learning guidelines, in accordance with the tier levels that the department has established by rule."rule. SECTION 15.

EFFECTIVEC. DATE.--The effective date of the provisions of this act is July 1, 2025.

-Any 29minor -child 15through ethe tchild's 17parent wor le nt d17 18legal =guardian =may 19file awith lthe ihealth aauthority echarged rwith 20w al tn m m 21 d r18 ethe 22duty cof eenforcing sthe kImmunization 23Act: e a n b 24 u [ .230043.3

= = 19 (1) a certificate of a licensed physician, a a l i a e r 20 physician assistant or a certified nurse practitioner stating a t m m 21 that the physical condition of the child is such that d r e 22 immunization would seriously endanger the life or health of the c e s k 23 child;

e a n b 24 (2) an affidavit or written affirmation from u [ an officer of a recognized religious denomination that the .231177.4 - 20 - SJC/SHPAC/SB 58 child's parent or legal guardian is a bona fide member of a denomination whose religious teaching requires reliance upon prayer or spiritual means alone for healing;

or (3) an affidavit or written affirmation from the child's parent or legal guardian that the parent's or legal guardian's religious beliefs, held either individually or jointly with others, do not permit the administration of a vaccine or other immunizing agent.

D.

Upon filing and approval of a certificate, affidavit or affirmation pursuant to Subsection C of this section and in accordance with rules promulgated by the health authority charged with the duty of enforcing the Immunization Act, the child is exempt from the legal requirement of immunization for a period not to exceed one year on the basis of any one certificate, affidavit or affirmation." SECTION 8.

EFFECTIVE DATE.--The effective date of the e t 17 provisions of this act is July 1, 2025.

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