The court appointing a guardian pursuant to the Kinship Guardianship Act retains continuing jurisdiction of the matter.
History: Laws 2001, ch. 167, § 14.
Courts appointing guardians have concurrent jurisdiction with Children's Courts. — Family courts which appoint kinship guardianships have continuing concurrent jurisdiction with children's courts presiding over abuse and neglect proceedings, and therefore petitions to revoke the rights of a kinship guardian may be filed within abuse and neglect proceedings. State ex rel. Children, Youth & Families Dep't v. Djamila B., 2015-NMSC-003.
Where the children's court judge interpreted continuing jurisdiction to mean exclusive jurisdiction, the children's court judge erred in ruling that the court lacked jurisdiction to revoke the kinship guardianship pursuant to this Act. State ex rel. Children, Youth & Families Dep't v. Djamila B., 2015-NMSC-003.
Structure 2021 New Mexico Statutes
Article 10B - Kinship Guardianship
Section 40-10B-1 - Short title.
Section 40-10B-3 - Definitions.
Section 40-10B-4 - Jurisdiction and venue.
Section 40-10B-5 - Petition; who may file; contents.
Section 40-10B-6 - Service of petition; notice; parties.
Section 40-10B-7 - Temporary guardianship pending hearing.
Section 40-10B-8 - Hearing; elements of proof; burden of proof; judgment; child support.
Section 40-10B-9 - Guardian ad litem; appointment.
Section 40-10B-10 - Guardian ad litem; powers and duties.
Section 40-10B-11 - Nomination objection by child.
Section 40-10B-12 - Revocation of guardianship.
Section 40-10B-13 - Rights and duties of guardian.
Section 40-10B-14 - Continuing jurisdiction of the court.
Section 40-10B-15 - Caregiver's authorization affidavit.
Section 40-10B-16 - Financial subsidies; eligibility.
Section 40-10B-17 - Financial subsidies; nonrecurring expenses.
Section 40-10B-18 - Guardianship assistance agreements.
Section 40-10B-19 - Successor guardians.
Section 40-10B-20 - Discontinuance of guardianship assistance payments.