Home daycares in Bernalillo County and Albuquerque require licensing by the NM Early Childhood Education and Care Department (ECECD) under 8.16.2 NMAC. Family Child Care Homes serve up to 6 children; Group Homes up to 12. Both are permitted uses in residential zones.
The NM Early Childhood Education and Care Department licenses home-based child care under 8.16.2 NMAC (Registered Family Child Care Home) and 8.16.2 NMAC (Licensed Group Family Child Care Home). A Registered Family Child Care Home may serve up to 6 children (including provider's own under age 5); a Licensed Group Home may serve up to 12 children with an additional staff member. Requirements include background checks for all household members over 18 (including FBI fingerprint check per NMSA §32A-15-3), current CPR/first-aid, a fire-safety inspection, minimum 35 sq ft indoor and 75 sq ft outdoor play space per child, and general liability insurance. Albuquerque permits licensed family child care as a home occupation 'by right' in all residential zones under ABQ IDO §14-16-4-3(E) without a conditional use permit. Bernalillo County similarly allows it under the Zoning Ordinance. Drop-off traffic should not exceed typical residential levels; exterior signage beyond a small nameplate is prohibited. The NM CYFD FOCUS quality-rating system provides subsidy tiers.
Operating without ECECD license: closure order and civil penalty up to $1,000 per NMSA §32A-15-12. Background-check violations: immediate license suspension. Exceeding capacity: citation and capacity reduction. Fire/safety deficiencies: 10-day correction plan required.
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