Starting a daycare or childcare business can be an incredibly worthwhile endeavor, as high-quality child care is fundamental to the early development of young children. Childcare centers allow children to practice new motor skills, learn and play with others to build on their social-emotional skills, and become comfortable with new routines and environments. 

Before you can open your business, however, there are a lot of important questions you must answer first, like: 

• What type of daycare will you open? Will it be center-based or home-based?
• Will you need to get licensed? 
• How many children will you care for? And how many staff members will you need to assist you? 
• What will it cost? 

Requirements for opening a daycare can differ from state to state. But if you’re looking to open a daycare in New Mexico, this article will provide a list of important factors to consider before you get started, details you need to know about applying for a childcare license, and key requirements on how to stay compliant with licensing regulations after you open. 

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Do I need a childcare license in New Mexico? 

The New Mexico Early Childhood Education & Care Department (ECECD) requires that most childcare providers become licensed in New Mexico to ensure they meet the state's quality, health, and safety standards. However, the requirements differ slightly depending on the type of facility you operate. 

In-home child care

Home childcare providers are defined as programs that provide care to four or more non-residential children and are required to be licensed with the state, while those who operate from their home and provide care for less than four non-residential children are exempt from state licensing requirements. Licensed in-home daycares can be defined in one of two ways:

• Licensed Family Child Care Home: This includes all private dwellings which provide care, services, and supervision to at least five but no more than six children for less than 24 hours of any day. The licensee must reside in the home and be the primary educator.
• Group Child Care Home: This includes all private dwellings, or other buildings, on the residential premises which provide care, services, and supervision for at least seven but not more than 12 children for less than 24 hours of any day. The licensee, again, must reside in the home and be the primary educator.

If you plan to operate from your home, it’s important to know that licensed homes are eligible to receive payments from the state of New Mexico for children in your care and reimbursements for all nutritious food you provide. 

Childcare centers

Conversely to in-home daycares, childcare centers are defined as facilities that provide care, education, and supervision to children for less than 24 hours per day in a non-residential setting. Any childcare center must be licensed by the state of New Mexico and must develop and follow approved curriculum for everyday activities in both the classroom and on playgrounds. 

These licenses are crucial to ensure childcare centers provide a high level of supervision, nutrition, and education to children in their care. Similar to in-home daycares, childcare centers are eligible to receive reimbursement for healthy foods they provide and payments for children in their care who receive childcare assistance. 

Out-of-school-time programs

Out-of-school-time (OST) programs provide after-school care for children ages five to 18. These programs can be academically focused or recreationally based (many are both). Services are provided to children regularly before or after school or when school isn’t in regular session. Licensing is determined by the type of location of the service and the number of children in the supervisor’s care.

Childcare licensing requirements in New Mexico

Before starting a daycare center, you must meet all the licensing requirements outlined by the New Mexico ECECD Child Care Services Bureau. Requirements for licensure vary slightly based on the type of childcare facility you will operate. 

For example, background checks will be administered to you and any teachers and staff members you employ before licensing approval, regardless of whether you will operate an in-home, center-based, or out-of-school time program. However, other guidelines like facility access for individuals with disabilities, such as main entry ramps and inclusive building layouts, are required for childcare centers but not for in-home programs. Licensed childcare centers and homes operating as business entities must also provide a name for the daycare center.

All childcare programs must follow the below administrative requirements:

• The licensee must display all licenses, certificates, and most recent inspection reports in a prominent place that is readily visible to staff and families.
• All licensed facilities must have a mission, philosophy, and curriculum statement.
• All licensed facilities must have a family handbook that includes general information about the program and written policies and procedures.
• All licensed facilities must maintain a complete record for each child including personal information, immunization records, and emergency information.
• All licensed facilities must maintain complete records for each staff member including substitutes and volunteers working more than six hours of any week.
• All licensed facilities must give each employee a personnel handbook that covers all matters related to employment.
• The premises, including furniture, fixtures, floors, drinking fountains, toys, and equipment, must be kept clean, safe, and in good repair.
• The premises must be free of debris and potential hazards.
• Toys and equipment must be safe, durable, easy to clean, non-toxic, and sanitized daily.

All requirements can be found in the Child Care Services Bureau licensing guidelines. 

In-home child care

Provider requirements

The below personnel requirements must be met for all in-home childcare providers:

• Educators who work directly with children and are counted in the staff-to-child ratios must be 18 years of age or older.
• All staff members must demonstrate the ability to perform essential job functions that ensure the health, safety, and well-being of all children in care.
• The licensee must be in the childcare home during at least 75% of the home’s hours of operation.
• All educators must be certified in first aid and CPR with a pediatric component.
• All educators must complete the following training within three months of their date of hire:
  • Prevention and control of infectious diseases
  • Prevention of sudden infant death syndrome and use of safe sleeping practices
  • Administration of medication
  • Prevention of and response to emergencies due to food and other allergic reactions
  • Building and physical premises safety
  • Prevention of shaken baby syndrome and abusive head trauma
  • First aid and CPR awareness with a pediatric component
  • Emergency preparedness and response planning
  • Handling and storage of hazardous materials
  • Precautions in transporting children (if applicable)
  • Recognition and reporting of child abuse and neglect
• Educators must also complete at least 12 documented hours of training each year including six hours in child growth and development and three hours in health, safety, nutrition, and infection control.

Capacity and staffing requirements

Licensed home providers must adhere to the following staffing requirements:

• Children must never be left unattended. An educator must be with the children at all times whether activities are inside or outside of the home. 
• A home licensed to provide care for six or fewer children must have at least one educator in the home at all times. A home licensed to provide care for more than two children under the age of two must have at least two educators in the home at all times.
• A home licensed for seven to 12 children must have at least two educators in the home when more than six children are present or when more than two children under the age of two are present.

Childcare centers

Provider requirements

The below requirements must be met for all childcare centers:

• Educators who work directly with children and are counted in the staff-to-child ratios must be 18 years of age or older.
• All staff members must demonstrate the ability to perform essential job functions that ensure the health, safety, and well-being of all children in care.
• A childcare center director can only be responsible for one center. The director or co-director must be at the center for a minimum of 50% of the center’s daily hours of operation. 
• A center must have a minimum of two staff members present at all times, with one being an educator. If the center has fewer than seven children, the second staff member may conduct other activities such as cooking, cleaning, or administrative work.
• All educators must be certified in first aid and CPR with a pediatric component.
• Unless exempted, a childcare center must have a director who is at least 21 years old and meets one of the following professional qualifications:
  • A bachelor’s degree or higher in early childhood education or a related field such as early childhood special education, family studies, family and consumer sciences, elementary education with early childhood endorsement, or any bachelor’s degree with a transcript containing two or more Early Childhood courses; and one year of experience in an early childhood growth and development setting
  • Two years of experience in an early childhood growth and development setting and any of the following:
    • National Administrator Credential (NAC)
    • Provisional AA-level New Mexico Early Childhood Program Administration Certificate
    • New Mexico Child Development Certificate (CDC)
    • Child Development Associate (CDA) certificate
    • Child Care Professional (CCP) certificate
    • New Mexico Early Childhood Program Administration Certificate
    • Montessori Teacher Certification
    • New Mexico One-Year Vocational Certificate
    • Associate’s degree in child development or early childhood education
• All educators must complete the following training within three months of their date of hire:
  • Prevention and control of infectious diseases
  • Prevention of sudden infant death syndrome and use of safe sleeping practices
  • Administration of medication
  • Prevention of and response to emergencies due to food and other allergic reactions
  • Building and physical premises safety
  • Prevention of shaken baby syndrome and abusive head trauma
  • First aid and CPR awareness with a pediatric component 
  • Emergency preparedness and response planning
  • Handling and storage of hazardous materials
  • Precautions in transporting children (if applicable)
  • Recognition and reporting of child abuse and neglect
• Educators must also complete at least 24 documented hours of training each year.

Ratio requirements

Childcare centers are also required to comply with the following adult-to-child ratios:

Childcare license application in New Mexico

To become a licensed childcare provider in the state of New Mexico, applicants must complete the following steps. 

Step 1: Review all licensing regulations

Your program must obtain approval from the proper state, city, or county authorities before a license can be issued. This includes zoning, fire authority, and the New Mexico Environment Department or other health authority. In addition, your home or center must meet all requirements as outlined in the licensing regulations.

Step 2: Complete background checks 

All directors, owners, caregivers, and anyone over the age of 18 in a childcare home must pass a background check, fingerprinting, and employment history verification provisions. The licensee is also responsible for obtaining background checks on all prospective and current staff members and volunteers.

Step 3: Submit licensing application 

Complete the necessary application forms for either childcare and out-of-school time centers or family/group childcare homes. These forms must be accompanied by the applicable fee and other supporting documentation, including: 

• Zoning approval
• Fire inspection
• Building approval/certificate of occupancy (for childcare centers and OST programs)
• Environment department approval (if applicable)
• CPR/first aid certification
• Activity schedule
• Director’s resume, proof of degree, and background check clearance (for childcare centers and OST programs)

Step 4: Initial visit

After reviewing your application, a licensing surveyor will contact you to schedule an initial visit to ensure your facility meets state requirements or inform you that your application isn’t complete. Application amendments may be subject to additional fees. 

Step 5: Receive a license

After the department receives your completed application and your initial visit demonstrates that you are in full compliance, a license will be issued. If approved, you may receive an annual license valid for one year or a temporary license indicating you are in partial compliance with regulations and need to make changes before being granted an annual license. 

How to stay compliant with a daycare license in New Mexico

Once your application is approved and you have received your initial daycare license from the state, you may find it helpful to put together a business plan for your program and build out your marketing strategies to reach prospective families in your area. It’s also your responsibility to ensure that your home or center maintains compliance with New Mexico licensing requirements. This includes providing the licensing department access to your facility and records during inspections. Upkeep of those records and things like staff training, reporting, and more are a major part of licensing compliance. Using a tool like brightwheel’s center management software is a great way to streamline operations and make it easier to stay compliant. 

Annual licenses are issued for a one-year period, while temporary licenses can be issued for up to 120 days. A licensing authority may issue temporary licenses if it’s determined that your facility doesn’t meet all of the state’s approval requirements yet can still operate in a manner that keeps children safe and healthy during care. All deficiencies must be corrected during the 120-day window. 

Licenses must be posted on the premises in an area visible to families, staff members, and visitors. And all licenses must be renewed within 30 days of expiration. Failure to renew your license could cause the state to shut down your childcare center until all documents and renewal applications are finalized. 

Conclusion

Operating a childcare business in New Mexico can be a fulfilling venture and provide a much needed service to families in your community. Understanding the state’s licensing requirements and receiving your license is the first step in starting your business. With a bit of research and a commitment to compliance, your program can succeed.