The Children, Youth, and Families Department licenses family child care homes in accordance with the regulations found here. The state of New Mexico does not allow Licensed Family Child Care Homes to care for more than 6 children. Licensed group homes can care for no more than 12 children with a second caregiver.

The Background Check Regulations are found at 8.8.3 NMAC, and specify that each individual who works in a licensed child care provider 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; and
4. Licensees must submit fingerprint cards, within five working days, for any adult who resides in the home or any persons residing in the home who reaches 18 years of age.

Volunteers, substitute teachers, parents, and other non-employees who have access to children in family child care homes are:

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