2021 New Mexico Statutes
Article 29 - Early Childhood Education and Care Department
Section 9-29-10 - Family, infant, toddler program.

A. As used in this section:
(1) "early intervention programs" means programs, including physical development, communications development, adaptive development, social and emotional development and sensory development programs, designed to meet the developmental needs of eligible children;
(2) "eligible child" means a child from birth to age thirty-six months with developmental delay or who, according to department of health-established criteria, is at risk of developmental delay; and
(3) "program" means the family, infant, toddler program.
B. The department is the lead state agency for the program. Through the program, the department shall develop and administer a statewide system of comprehensive, coordinated, multidisciplinary and interagency early intervention programs to eligible children.
C. The parent of an eligible child may choose whether to enroll the child in the program.
D. The children, youth and families department, the department of health, the human services department, the public education department and other publicly funded providers of services to eligible children shall collaborate with the department to provide program services and shall establish the division of responsibilities for providing those services in interagency agreements.
E. The secretary shall comply with the federal Individuals with Disabilities Education Act, Part C, contingent on participation by the state, including by:
(1) establishing related policies and promulgating program rules;
(2) implementing procedures to ensure that program services are timely delivered;
(3) administering and overseeing the program;
(4) resolving complaints related to the program;
(5) maintaining and expanding interagency and state and local coordination in implementing the program;
(6) identifying and coordinating resources for delivering early intervention programs through the program; and
(7) establishing minimum requirements to qualify personnel to deliver services through the program.
F. The department is the custodian of money received by the state from the federal government for the purpose of implementing the federal Individuals with Disabilities Education Act, Part C.
History: Laws 2019, ch. 48, § 10.
Cross references. — For the federal Individuals with Disabilities Education Act, see 20 U.S.C. § 1400.
Effective dates. — Laws 2019, ch. 48, § 38 made Laws 2019, ch. 48, § 10 effective July 1, 2020.
Temporary provisions. — Laws 2019, ch. 48, § 34 provided:
A. On July 1, 2020, all programs, functions, personnel, appropriations, money, statutory funds, records, furniture, equipment, supplies and other property belonging to the following are transferred to the early childhood education and care department, and all contractual obligations of the following are binding on the early childhood education and care department:
(1) the children, youth and families department's early childhood services division; and
(2) the department of health's:
(a) family, infant, toddler program; and
(b) family first home visiting.
B. Beginning on July 1, 2020, all contractual obligations pertaining to the programs, services and entities in Subsection A of this section are binding on the early childhood education and care department.
C. Beginning on July 1, 2020, all references in law, rules, orders and other official acts to the programs, services and entities in Subsection A of this section shall be deemed references to the early childhood education and care department.