2020 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 10B - Kinship Guardianship
Section 40-10B-18 - Guardianship assistance agreements.

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 will be provided;

(2) additional services and assistance for which the child and kinship guardian will be eligible;

(3) a procedure by which the kinship guardian may apply for additional services;

(4) the responsibility of the kinship guardian to report changes in the needs of the child or the circumstances of the kinship guardian that affect guardianship assistance payments;

(5) reasonable and verified nonrecurring expenses associated with obtaining a subsidized guardianship pursuant to the provisions of Section 40-10B-17 NMSA 1978; and

(6) terms by which the guardianship assistance agreement may be terminated and the ability of the department to recoup funds received due to improper payment.

B. A copy of the fully executed guardianship assistance agreement shall be given to the kinship guardian and to the department.

History: 1978 Comp., § 40-10B-18, as enacted by Laws 2020, ch. 51, § 6.

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.