The Children, Youth, and Families Department licenses child care centers in accordance with the regulations found here.

The Background Check Regulations are found at 8.8.3 NMAC, and specify that each individual who works in a licensed child care center must undergo a background check and meet the following requirements:

1. Submit an application for background check by the end of the next day following commencement of service; and
2. Remain under direct physical supervision by a direct provider of care who has already received background check eligibility; and
3. Obtain background check eligibility within 30 days of commencement of service, unless an extension is granted by the Background Check Unit

Volunteers, substitute teachers, parents, and other non-employees who have access to children in centers are either:

1. Required to submit an application for background check similar to employees; or
2. Remain, at all times, under direct physical supervision by a direct provider of care who has already received background check eligibility.