A. Prior to a guardianship being granted pursuant to the Kinship Guardianship Act [N.M. Stat. Ann. Chapter 40, Article 10B] or the Abuse and Neglect Act [N.M. Stat. Ann. Chapter 32A, Article 4] and in order to be eligible for guardianship assistance payments, the following conditions shall be satisfied:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(1)     the child shall be in the custody of the department and 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)     the child shall be eligible for foster care maintenance payments while in the home of the prospective guardian;

(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;

(4)     the child has a strong attachment to the prospective guardian and the prospective guardian is a relative or fictive kin of the child;

(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;

(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

(7)     a fully executed guardianship assistance agreement is approved by the department; or

(8)     the child is a sibling of a child who meets the eligibility criteria set forth in this subsection.

B. The department shall promulgate rules for guardianship assistance payments and payment of nonrecurring expenses.