2020 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 10B - Kinship Guardianship
Section 40-10B-20 - Discontinuance of guardianship assistance payments.

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 child reaches eighteen years of age or twenty-one years of age if eligible pursuant to the Fostering Connections Act [32A-26-1 to 32A-26-10 NMSA 1978]; or

(5) the child is no longer receiving support from the kinship guardian.

B. The department shall notify the kinship guardian of a discontinuation of guardianship assistance payments and the reasons for discontinuation.

C. The discontinuance of guardianship assistance payments does not terminate a guardianship that has been established by a court.

History: 1978 Comp., § 40-10B-20, as enacted by Laws 2020, ch. 51, § 8.

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.