If the department becomes the representative payee of a child in the legal custody of the department, the department shall:

1. A. establish an appropriate account to use and conserve the child's federal benefits, in the child's best interest, for current unmet needs and future needs pursuant to the requirements of the funding source and any applicable asset and resource limits;
2. B. annually determine whether a person, other than the department, is available to assume the role of representative payee and could better serve in that role, in the child's best interest;
3. C. notify the child and the following individuals of any application, decision or appeal related to a child's federal benefits: 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. In providing notice of any denial of benefits, the department shall consult with the child's attorney and appeal the denial if it is in the child's best interest;
4. D. provide an annual accounting as to the use, application or conservation of the child's federal benefits to the child and the following individuals: 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;
5. E. avoid receiving overpayment of federal benefits and pay any discovered overpayment to the appropriate federal agency; and
6. F. before the child leaves the custody of the department, provide the child with financial literacy and planning tools to assist the child in aligning conserved benefits with the child's transition plan.

History: Laws 2025, ch. 12, § 4.

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.