1. A. Within sixty days after a child enters the department's legal custody, and annually thereafter, the department shall determine whether the child is currently receiving or is eligible to receive federal benefits.

2. B. If it is determined that a child in the legal custody of the department is already receiving federal benefits, the department shall:

   1. (1) in consultation with the child and the following individuals, identify the child's representative payee: the child's attorney; the child's custodian; the child's guardian; the child's guardian ad litem; or the child's Indian tribe, if the child is known to be an Indian child; or
   2. (2) apply to become the child's representative payee; provided that no other candidate is available.

3. C. If the department determines that a child is eligible for benefits administered by the federal government, the department shall apply:

   1. (1) for those benefits on behalf of the child; and
   2. (2) to become the child's representative payee if no other candidate is available.

History: Laws 2025, ch. 12, § 3.

ANNOTATIONS

Effective dates. — Laws 2025, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2025, 90 days after adjournment of the legislature.