2021 New Mexico Statutes
Article 10B - Kinship Guardianship
Section 40-10B-16 - Financial subsidies; eligibility.

A. Guardianships granted pursuant to the Kinship Guardianship Act may be eligible for financial assistance through the guardianship assistance program.
B. In order to be eligible for guardianship assistance payments, the following conditions must be satisfied:
(1) the child must have been removed from the child's home:
(a) pursuant to a voluntary placement agreement; or
(b) as a result of a judicial determination that the placement and care of the child should be vested in the department;
(2) a guardian for the child has been appointed pursuant to the Kinship Guardianship Act or the Children's Code [Chapter 32A NMSA 1978];
(3) the child must be eligible for foster care maintenance payments while in the home of the prospective kinship guardian;
(4) the child must have lived with the prospective kinship guardian for at least six consecutive months pursuant to a court order or a voluntary placement agreement;
(5) the child has a strong attachment to the kinship guardian;
(6) the kinship guardian has a strong commitment to caring permanently for the child, documented via a meeting with the guardian discussing the guardian's long-term commitment;
(7) if the child is fourteen years of age or older, the child has been consulted regarding the guardianship arrangement; and
(8) the child is the subject of a fully executed guardianship assistance agreement approved by the department; or
(9) the child is a sibling of a child who meets the eligibility criteria set forth in Paragraphs (1) through (8) of this subsection.
History: 1978 Comp., § 40-10B-16, as enacted by Laws 2020, ch. 51, § 4.
Effective dates. — Laws 2020, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.