A. The department shall immediately discontinue guardianship assistance payments when the department is advised or determines:
(1) a child or kinship guardian no longer meets the criteria to be eligible for guardianship assistance payments;
(2) the kinship guardian has requested a termination of the guardianship assistance agreement;
(3) the guardianship has been terminated;
(4) the child reaches eighteen years of age or twenty-one years of age if eligible pursuant to the Fostering Connections Act [32A-26-1 to 32A-26-10 NMSA 1978]; or
(5) the child is no longer receiving support from the kinship guardian.
B. The department shall notify the kinship guardian of a discontinuation of guardianship assistance payments and the reasons for discontinuation.
C. The discontinuance of guardianship assistance payments does not terminate a guardianship that has been established by a court.
History: 1978 Comp., § 40-10B-20, as enacted by Laws 2020, ch. 51, § 8.
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.
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.