# New Mexico child care, camp and ratio rules

Source: https://backpr.com/resources/states/new-mexico. Last updated: 2026-10-19.

Checked October 2026 against New Mexico's official rules and federal sources. General information, not legal advice; confirm with the agency.

### Child care licensing
ECECD licenses child care centers, out-of-school-time (OST) programs for school-age children (ages 5 to 18, before and after school or when school is out), and licensed family and group child care homes. A person caring for four or fewer non-resident children in their own home is exempt from licensing (8.9.4.9 NMAC).

After-school and recreation programs: The licensing rules do not apply to programs run by a public school system and governed by the local school board; accredited private schools serving children 5 and older for education only; summer camps, wilderness camps and recreation-only programs run by recognized organizations such as churches, schools and scouts (if not in a private residence); summer religious schools; and care where parents stay on the premises (8.9.4.9 NMAC). Other before/after-school programs need an OST license.

Licensing agency: New Mexico Early Childhood Education and Care Department (ECECD), Child Care Services Bureau, Regulatory Oversight Unit (https://www.nmececd.org/child-care-licensing-and-registered-homes/)

### Staff-to-child ratios in licensed centers
| Ages | Children per staff member | Largest group |
| --- | --- | --- |
| 3 years | 1:12 | 24 |
| 4 years | 1:12 | 24 |
| 5 years | 1:15 | 30 |
| School-age (6 and up) | 1:15 | 30 |

Rule: 8.9.4.23(C) NMAC (centers); 8.9.4.42(A)(9) NMAC (out-of-school-time programs). These are the center ratios when children are grouped by age. Centers that combine ages use 1:12 (group 24) for 2-4 year olds and 1:14 (group 28) for 3-5 year olds; ratios follow the age of the majority of the group. Licensed OST programs need one adult per 15 children age 5 or older, maximum group 30. Proposed amendments posted in June 2026 would add Montessori mixed-age options but keep these ratios.

Sources: 8.9.4 NMAC (State Records Center) (https://www.srca.nm.gov/parts/title08/08.009.0004.html); 8.9.4 NMAC as amended effective Nov. 4, 2025 (ECECD) (https://www.nmececd.org/wp-content/uploads/2025/10/8.9.4-NMAC-10.23.25-FINAL.pdf); ECECD Regulatory Oversight Unit (https://www.nmececd.org/child-care-licensing-and-registered-homes/); Proposed amendments to 8.9.4 NMAC (June 2026) (https://www.nmececd.org/wp-content/uploads/2026/06/Proposed-Amendments-to-8.9.4-NMAC.pdf)

### Summer camps
We found no New Mexico youth camp license. Summer camps, wilderness camps and recreation-only programs run by recognized organizations (churches, schools, scouts) are exempt from ECECD child care licensing as long as they are not in a private residence (8.9.4.9(G) NMAC). A day program for school-age children that does not fit that exemption may need an ECECD out-of-school-time license.

Sources: 8.9.4.9 NMAC exemptions (https://www.srca.nm.gov/parts/title08/08.009.0004.html)

### Background checks
All staff, volunteers and anyone with unsupervised access to children in licensed centers and OST programs need a comprehensive check: fingerprint-based state and FBI criminal history, state and national sex offender registries, New Mexico abuse and neglect records, plus criminal, sex offender and abuse/neglect checks in any state lived in during the past five years. A person may not start until cleared or issued a notice of provisional employment, and must be directly supervised until cleared. Checks repeat at least every five years (8.9.6 NMAC; 8.9.4.21 and 8.9.4.40 NMAC). No separate camp requirement was found.

Sources: ECECD comprehensive background check process (https://www.nmececd.org/comprehensive-background-check-process/); 8.9.6 NMAC background checks (https://www.srca.nm.gov/parts/title08/08.009.0006.html); 8.9.4 NMAC (five-year re-check) (https://www.srca.nm.gov/parts/title08/08.009.0004.html)

### Giving medication
Medicine may be given only with written permission from a parent, following the prescriber's written directions (or the parent's written instructions for over-the-counter products, including sunscreen and insect repellent). A designated staff member gives it from the original container labeled with the child's name and date, keeps it locked, signs a log of each dose that the parent initials the same day, and never gives expired medicine (8.9.4.26(C) NMAC). New staff must complete approved training that covers medication administration within three months of hire (8.9.4.23 NMAC).

Sources: 8.9.4.26 and 8.9.4.23 NMAC (https://www.srca.nm.gov/parts/title08/08.009.0004.html)

### Reporting child abuse
Every person who knows or reasonably suspects a child is abused or neglected must report immediately to CYFD Statewide Central Intake, local law enforcement, or the tribal agency for an Indian child in Indian country (NMSA 32A-4-3). Hotline: 1-855-333-SAFE (7233), or #SAFE from a cell phone (https://www.cyfd.nm.gov/report-abuse-and-neglect/).

Sources: CYFD Report Abuse and Neglect (https://www.cyfd.nm.gov/report-abuse-and-neglect/); Child Welfare Information Gateway: Mandatory Reporting (May 2023) (https://www.childwelfare.gov/resources/mandatory-reporting-child-abuse-and-neglect/)