Chapter 40, Article 10B NMSA 1978 may be cited as the “Kinship Guardianship Act”. History: Laws 2001, ch. 167, § 1; 2020, ch. 51, § 1. ANNOTATIONS Cross references. — For forms approved for use in Kinship Guardianship proceedings, see Civil Forms 4A-501 to 4A-513 NMRA. Compiler’s notes. — The Kinship Guardianship Act, codified as […]
A guardian ad litem appointed by the court in a proceeding pursuant to the Kinship Guardianship Act shall: A. in connection with a petition for guardianship, make a diligent investigation of the circumstances surrounding the petition, including visiting the child in the home, interviewing the person proposed as guardian and interviewing the parents of the […]
In a proceeding for appointment of a guardian pursuant to the Kinship Guardianship Act: A. the court shall appoint a person nominated by a child who has reached his fourteenth birthday unless the court finds the nomination contrary to the best interests of the child; and B. the court shall not appoint a person as […]
A. Any person, including a child who has reached his fourteenth birthday, may move for revocation of a guardianship created pursuant to the Kinship Guardianship Act. The person requesting revocation shall attach to the motion a transition plan proposed to facilitate the reintegration of the child into the home of a parent or a new […]
A. A guardian appointed for a child pursuant to the Kinship Guardianship Act has the legal rights and duties of a parent except the right to consent to adoption of the child and except for parental rights and duties that the court orders retained by a parent. B. Unless otherwise ordered by the court, a […]
The court appointing a guardian pursuant to the Kinship Guardianship Act retains continuing jurisdiction of the matter. History: Laws 2001, ch. 167, § 14. ANNOTATIONS 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 […]
A. A caregiver who executes a caregiver’s authorization affidavit substantially in the form contained in Subsection J of this section by completing Items 1 through 4 of the form and who subscribes and swears to it before a notary public, is authorized to: (1) enroll the named child in early intervention services, child development programs, […]
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 […]
Nonrecurring expenses incurred by a prospective kinship guardian associated with establishing a subsidized guardianship may be reimbursed in an amount not to exceed two thousand dollars ($2,000) per child for an eligible child and also for any of an eligible child’s siblings. History: 1978 Comp., § 40-10B-17, as enacted by Laws 2020, ch. 51, § […]
A. In order for a kinship guardian to receive subsidized guardianship payments pursuant to the Kinship Guardianship Act, the department shall negotiate and enter into a written guardianship assistance agreement with the kinship guardian of an eligible child. The agreement shall specify the following: (1) the amount of and manner in which guardianship assistance payments […]
A. A successor guardian shall be named in the guardianship assistance agreement and amendments thereto who shall be considered to serve as guardian in the event the kinship guardian dies or is incapacitated. B. The department may pay the cost, not to exceed two thousand dollars ($2,000), of nonrecurring expenses associated with the successor guardian […]
History: Laws 2001, ch. 167, § 2; repealed by Laws 2020, ch. 51, § 10. ANNOTATIONS Repeals. — Laws 2020, ch. 51, § 10 repealed 40-10B-2 NMSA 1978, as enacted by Laws 2001, ch. 167, § 2, relating to policy, purpose, effective May 20, 2020. For provisions of former section, see the 2019 NMSA 1978 […]
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 […]
A child or kinship guardian may appeal a decision made by the department pursuant to the Kinship Guardianship Act related to a subsidized guardianship. The department shall develop an appeal procedure whereby a child or kinship guardian may contest a decision by the department to establish, deny, reduce or discontinue guardianship assistance payments. History: 1978 […]
As used in the Kinship Guardianship Act: A. “caregiver” means an adult, who is not a parent of a child, with whom a child resides and who provides that child with the care, maintenance and supervision consistent with the duties and responsibilities of a parent of the child; B. “child” means an individual who is […]
A. The district court has jurisdiction of proceedings pursuant to the Kinship Guardianship Act. B. Proceedings pursuant to the Kinship Guardianship Act shall be in the district court of the county of the child’s legal residence or the county where the child resides, if different from the county of legal residence. History: Laws 2001, ch. […]
A. A petition seeking the appointment of a guardian pursuant to the Kinship Guardianship Act may be filed only by: (1) a kinship caregiver; (2) a caregiver, who has reached the age of twenty-one, with whom no kinship with the child exists, who has been nominated to be guardian of the child by the child, […]
A. The court shall set a date for hearing on the petition, which date shall be no less than thirty and no more than ninety days from the date of filing the petition. B. The petition and a notice of the hearing shall be served upon: (1) the children, youth and families department if there […]
A. After the filing of the petition, upon motion of the petitioner or a person required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act, or upon its own motion, the court may appoint a temporary guardian to serve for not more than one hundred eighty days or until […]
A. Upon hearing, if the court finds that a qualified person seeks appointment, the venue is proper, the required notices have been given, the requirements of Subsection B of this section have been proved and the best interests of the minor will be served by the requested appointment, it shall make the appointment. In other […]
