HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR
HOUSE BILL 337
56th legislature - STATE OF NEW MEXICO - first session, 2023
AN ACT
RELATING TO THE EARLY CHILDHOOD EDUCATION AND CARE DEPARTMENT; PROVIDING DEFINITIONS; EXPANDING DEPARTMENT DUTIES ON CONDUCTING BACKGROUND CHECKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-29-2 NMSA 1978 (being Laws 2019, Chapter 48, Section 2) is amended to read:
"9-29-2. DEFINITIONS.--As used in the Early Childhood Education and Care Department Act:
A. "child" means a person from birth to age five or, where the context otherwise provides, to age eight or thirteen;
B. "child care home program" means the program developed by the department to license or register homes or residences to provide child care services to children, including those defined in Section 32A-23C-2 NMSA 1978. A home may be registered or licensed pursuant to the Early Childhood Education and Care Act and through department rules;
[B.] C. "department" means the early childhood education and care department; [and]
D. "department-contracted providers" means individuals or entities that enter into contracts with the department to provide child care services, federal Individuals with Disabilities Education Act, Part C, early intervention services, home visiting services or pre-kindergarten services or those under contract with the department that have access to child and family personal and confidential information;
E. "licensed child care center" means a nonresidential facility that meets the applicable state and local building and safety codes and provides care and services to and supervision of children for less than twenty-four hours of any day;
F. "licensed child care facility" means a licensed child care center, licensed group child care home, licensed family child care home or licensed out-of-school time program;
G. "licensed family child care home" means a private dwelling in which the licensee resides and is the primary educator that provides care and services to and supervision of children as part of the child care home program for a period of less than twenty-four hours of any day for no more than six children;
H. "licensed group child care home" means a home in which the licensee resides and is the primary educator that provides care and services to and supervision of children as part of the child care home program for at least seven but no more than twelve children;
I. "licensed out-of-school time program" means a school-age person program at a specific site, usually a school or community center, offering on a consistent basis a variety of developmentally appropriate activities that are both educational and recreational;
J. "registered child care home" or "registration" means an independent primary caregiver who has registered the independent primary caregiver's home or residence with the department to provide care and services to and supervision of children as part of the child care home program for a period of less than twenty-four hours of any day for no more than four children. A registered child care home may participate in the child and adult care food program or participate in the child care assistance program; and
[C.] K. "secretary" means the secretary of early childhood education and care."
SECTION 2. Section 9-29-8.1 NMSA 1978 (being Laws 2022, Chapter 30, Section 4) is amended to read:
"9-29-8.1. CRIMINAL HISTORY INVESTIGATIONS--PROCEDURES--CONFIDENTIALITY--VIOLATION--PENALTY.--
A. To investigate the suitability of an applicant for licensure [or registration] as a licensed child care facility [or child care home programs], registration as a child care home program or for employment or volunteering at a licensed child care facility or registered child care home [program], including any facility or program that has primary custody of infants, toddlers and children for twenty hours or more per week, or for employees and volunteers of department-contracted providers, the department shall have access to criminal history records information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal law.
B. An applicant for a child care facility license or registration or for employment or volunteering at a licensed child care facility or registered child care home or employees and volunteers of department-contracted providers shall undergo a state and national criminal history records check, and the applicant shall submit an electronic set of fingerprints to the department of public safety for that purpose. The department of public safety shall conduct a check of state criminal history records and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department of public safety and regulations of the federal bureau of investigation. The department of public safety shall review the information obtained from the criminal history records check and shall compile and provide that information to the early childhood education and care department. The early childhood education and care department shall use the information to investigate and determine whether an applicant is qualified to hold a license or an employment or volunteer position. The department shall promulgate rules for the investigation and determination of qualifications.
C. Criminal history information obtained by the department is confidential and shall be used only for the purpose of determining the suitability for licensure, employment or volunteer service and shall not be disclosed to anyone other than public employees directly involved in the decision affecting the applicant.
D. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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