32A-32-7. Department duties; sharing of information.

435 words·~2 min read·/nm/chapter-32a-children-s-code/article-32-child-care-assistance-program/32a-32-7

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A. The department shall develop the child care assistance program to enhance child care quality and improve the development of participating children. Through the administration of the child care assistance program, the department shall promote parental choice, allowing parents to choose the care that best suits the child's family through a mixed delivery system that may include public, private, nonprofit, for-profit, faith-based and tribal child care facilities. In carrying out its duties, the department shall:

(1)implement internal controls that ensure integrity of and accountability for the child care assistance program while maintaining continuity of the program; and

(2)report any suspected intentional misuse of funds to local law enforcement and the local district attorney or the attorney general for prosecution; provided that upon a report being made to law enforcement pursuant to this paragraph, the department shall report the suspected intentional misuse of funds by the child care facility to the state auditor, who shall investigate the child care facility.

B. The department shall perform at least two unannounced visits per year to each child care facility that shall include a compliance review of the Child Care Assistance Program Act requirements and compliance with the rules set by the department.

C. Registered child care providers shall not be eligible for capital improvement costs, maintenance costs or repair costs funded by the state or through the child care assistance program. The department shall provide by rule a pathway for licensure of registered child care providers.

D. By September 1, 2026 and each September 1 thereafter, the department shall provide to the legislative health and human services committee and the legislative finance committee a report on implementation of the Child Care Assistance Program Act, including costs, a review of the cost estimation model and payment rates set pursuant to Section 5 [32A-32-5 NMSA 1978] of the Child Care Assistance Program Act, program participation by child care facility type, children and families served by that act, the distribution of child care assistance based on an eligibility category, income and race or ethnicity by the tiered quality rating system throughout the state, participation in the child and adult care food program by child care facility type and the information reported pursuant to Paragraphs

(7)and

(8)of Subsection A of Section 7 [32A-32-6 NMSA 1978] of that act.

E. All agencies that are part of the children's cabinet pursuant to the Children's Cabinet Act shall share data and other information necessary with the department in order for the department to carry out the provisions of the Child Care Assistance Program Act.

History: Laws 2026, ch. 63, § 8.