{"data":{"id":"us-nm/32a-3a-19","jurisdiction":"us-nm","citation":"32A-3A-19","heading":"Financial subsidies; eligibility.","body":"A. Prior to a guardianship being granted pursuant to the Kinship Guardianship Act [Chapter 40, Article 10B NMSA 1978] or the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] and in order to be eligible for guardianship assistance payments, the following conditions shall be satisfied:\n(1) the child shall be in the custody of the department and have been removed from the child's home:\n(a) pursuant to a voluntary placement agreement; or\n(b) as a result of a judicial determination that the placement and care of the child should be vested in the department;\n(2) the child shall be eligible for foster care maintenance payments while in the home of the prospective guardian;\n(3) the child shall have been placed by the department and shall have lived with the prospective guardian for at least six consecutive months following the prospective guardian's licensure as a foster parent;\n(4) the child has a strong attachment to the prospective guardian and the prospective guardian is a relative or fictive kin of the child;\n(5) the prospective guardian has a strong commitment to caring permanently for the child, documented via a meeting held prior to the proposed guardianship between the prospective guardian and the department discussing the prospective guardian's long-term commitment;\n(6) if the child is fourteen years of age or older, the child has been consulted by the department and consents to the guardianship arrangement; and\n(7) a fully executed guardianship assistance agreement is approved by the department; or\n(8) the child is a sibling of a child who meets the eligibility criteria set forth in this subsection.\nB. The department shall promulgate rules for guardianship assistance payments and payment of nonrecurring expenses.","path":["Chapter 32A - Children's Code","ARTICLE 3A Voluntary Placement and Family Services"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18532/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"1f7756ff16290e83cfd71156ed7241a7bff383c306b30d5cb5b86d913763b263","source_id":"us-nm","stale":false,"prev":"us-nm/32a-3a-18","next":"us-nm/32a-3a-20"},"notice":"GroundRules: Original legal text. Not legal advice."}