Easy Guide To Getting Your Childcare License In New Mexico
Childcare in New Mexico takes many shapes. You can be ...
This post is a part of our series on California family child care licensing. For more on licensing in California, see the following posts:
California Family Child Care Licensing: An Overview
Types of Licenses
The Licensing Process
You can run a small licensed FCC in almost any type of home including an apartment, condo, or single-family home. However, we do recommend that you have at least 35 square feet of space per child in your home and outdoor space available (either a large backyard or proximity to a park, ideally within 4 blocks) if you’re registering for a small license.
Large Family Child Care Home
To qualify for a large license:
In both cases, small and large, you must pass a home inspection from the California Community Care Licensing Department. This inspection is called the pre-licensing inspection. During the inspection, an analyst from CCLD will be evaluating whether your home has been child-proofed, that you have the appropriate safety precautions in place (fire alarm, smoke alarm, fire extinguisher), and that you have materials and equipment available for children (age-appropriate toys, cots or cribs, child toilet or changing table, etc.). You can use this self-assessment guide to make sure you are prepared for the inspection.
For your home to qualify for a large license, it must be in a building with three detached sides and two separate exits to the street. The second exit (meaning the one besides the front door) cannot go through the kitchen (or near a stove). It also cannot go through the garage.
Usually in a multi-story home, the school must be on the first “usable/livable” floor. If someone lives below the floor that is intended for the FCC, there must be a sprinkler system on that floor. A sprinkler system is essentially cost prohibitive so you rarely see this installed.
Single family homes can generally qualify for a large license since they often have a front entry, a back entry to a backyard, and then a gate exit from the backyard to the street. Homes that are on the first floor of an apartment building that have a backyard and then a breezeway to the street may also qualify.
The final determination as to whether your home qualifies for a large license or not will depend on the fire marshal’s inspection. And unfortunately, we have seen that opinion/personal interpretation can play a big role in the decision-making process here.
This can be frustrating if you’re planning on moving to a new home with the intention of turning it into a family child care and you want to know before you move. The good news is you may be able to get a pre-inspection from the fire department. We’ve only seen pre-inspections available in the Bay Area so far, but we hope to see this service expand in the future as more and more teachers start their own in-home preschools.
The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day.
Cleanliness, Heating & Ventilation
The home shall be kept clean and orderly, with heating and ventilation for safety and comfort.
The home shall maintain telephone service.
Safe Toys and Equipment
The home shall provide safe toys, play equipment and materials.
When a child shows signs of illness he/she shall be separated from other children and the nature of the illness determined. If it is a communicable disease he/she shall be separated from other children until the infectious stage is over.
If food is brought from the children’s homes, the container shall be labeled with the child’s name and properly stored or refrigerated.
The smoking of tobacco in a private residence that is licensed as a family child care home shall be prohibited during the hours of operation as a family day care home and in those areas of the family day care home where children are present.
The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not be limited to:
Liability Insurance, a Bond, or Affidavits
The licensee or registrant shall maintain one of the following:
Liability Insurance or a Bond
A family child care home that maintains liability insurance or a bond, and that provides care in premises that are rented or leased or uses premises which share common space governed by a homeowners’ association, shall name the owner of the property or the homeowners’ association, as appropriate, as an additional insured party on the liability insurance policy or bond if all of the following conditions are met:
Proof of Control of Property at the Family Child Care Home
The licensee shall maintain documentation of proof of control of property at the Family Child Care Home for review by the Department. If the licensee owns or is buying the home, “proof of control of property” is a copy of the property deed, the property tax statement, or a payment coupon from the mortgage company or bank. If the licensee is operating on rented or leased property, “proof of control of property” is a copy of the rental agreement or lease.
A prospective Family Child Care Home licensee who resides in a rental property shall provide 30 days written notice of intent to operate a Family Child Care Home to the landlord or owner of the rental property prior to the commencement of operation of the Family Child Care Home. The licensee shall maintain proof of this notification at the Family Child Care Home for review by the Department. The licensee shall provide the landlord or owner of the rental property with a completed LIC 9151 Property Owner/Landlord Notification, which is incorporated by reference, for this purpose and maintain a copy of the completed form at the Family Child Care Home for review by the Department.
Increasing capacity: A licensee who operates on rented or leased property, and who wishes to increase the capacity of the Family Child Care Home shall obtain the written consent of the property owner/landlord to increase the home’s capacity to eight or 14 children. The licensee shall maintain the original of the completed and signed LIC 9149 Property Owner/Landlord Consent, which is incorporated by reference, attached to the Family Child Care Home’s license on file in the home.
Notice of Employee Rights
A signed and dated copy of LIC 9052 (4/88), Notice of Employee Rights, shall be maintained in the employee’s personnel record.
Alterations to Existing Building or Grounds
Prior to making alterations or additions to a family child care home or grounds, the licensee shall notify the Department of the proposed changes, including, but not limited to, the following:
The licensee shall provide the Department with a copy of an inspection report when an inspection is required by the local building inspector as a result of the alteration, addition or construction.
Prior to admission to a family day care home, children shall be immunized against diseases as required by the California Code of Regulations as summarized below. Parents must show their child’s Immunization Record as proof of immunization.
|Age When Enrolling in the Family Child Care||Immunizations (shots) Required|
|2 – 3 months||1 each of Polio, DTaP, Hib, Hep B|
|4 – 5 months||2 each of Polio, DTaP, Hib, Hep B|
|6 – 14 months||3 each of DTaP
2 each of Polio, Hib, Hep B
|15 – 17 months||3 each of Polio, DTaP
2 Hep B
1 MMR on or after the 1st birthday
1 Hib on or after the 1st birthday
|18 months – 5 years||3 Polio
3 Hep B
1 MMR on or after the 1st birthday
1 Hibb on or after the 1st birthday**
**Required only for children less than 4 years 6 months
DTaP = Diphtheria,Tetanus, and Pertussis
Hib = Haemophilus Influenzae type B
Hep B = Hepatitis B
MMR = Measles, Mumps, Rubella
Varicella = Chickenpox
You may admit a child who lacks documentation of having received all the required shots and who does not have a permanent medical exemption or personal beliefs exemption to immunization if he or she has not received all the shots required for his or her age group and he or she has started receiving doses of all required vaccines as follows:
When Next Shots Are Due
Polio #2 2 months after first dose
Polio #3 2-12 months after 2nd dose
DTP #2 and #3 2 months after previous dose
Hib #2 2 months after first dose
DTP #4 6-12 months after previous dose
Hep B #2 1-2 months after first dose
Hep B #3 Under age 18 months: 2-12 months after 2nd dose.
Age 18 months and older: 2-6 months after 2nd dose.
The licensee shall be permitted to exempt a child from this requirement provided that one of the following requirements is met and the documentation is kept in the child’s file:
A child who does not meet any of the requirements mentioned above shall not be admitted to a family day care home. The licensee shall document each child’s immunizations and shall maintain such documentation for as long as the child is enrolled. This requirement includes updating each child’s PM 286 (6/95) when the child is due to receive required immunizations after enrollment in the family day care home.
You can use this self-assessment guide and the Pre-Licensing Readiness Guide – Family Child Care Home to make sure you are prepared for the inspection.
Sources: California Department of Social Services (CDSS), Title 22: Family Child Care Homes, Pre-Licensing Readiness Guide – Family Child Care Home, self-assessment guide, National Vaccine Information Center, ShotsforSchool.org