58-30-4: Eligible individuals.

A. Except as set forth in Subsections B and C of this section, an eligible individual shall have earned income and shall be:

(1) eighteen years of age or older;

(2) a citizen, legal resident, refugee, asylee or person otherwise legally present in the United States at the time the person opens the person's individual development account;

(3) a resident of New Mexico; and

(4) an indigent.

B. A child in foster care is an eligible individual if the child is:

(1) fifteen years of age or older;

(2) an indigent;

(3) a citizen, a legal resident, a refugee or an asylee or is otherwise legally present in the United States at the time the person opens the person's individual development account; and

(4) a resident of New Mexico.

C. A child is an eligible individual if the child is:

(1) at least fifteen years of age and not more than eighteen years of age;

(2) a member of a family whose members are all indigents;

(3) a citizen, a legal resident, a refugee or an asylee or is otherwise legally present in the United States at the time the person opens the person's individual development account; and

(4) a resident of New Mexico.