1. A. Prior to a guardianship being granted pursuant to the Kinship Guardianship Act [Chapter 40, Article 10B NMSA 1978] or the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] and in order to be eligible for guardianship assistance payments, the following conditions shall be satisfied:

   1. (1) the child shall be in the custody of the department and have been removed from the child's home:

      1. (a) pursuant to a voluntary placement agreement; or
      2. (b) as a result of a judicial determination that the placement and care of the child should be vested in the department;
   2. (2) the child shall be eligible for foster care maintenance payments while in the home of the prospective guardian;
   3. (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. (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. (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. (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. (7) a fully executed guardianship assistance agreement is approved by the department; or
   8. (8) the child is a sibling of a child who meets the eligibility criteria set forth in this subsection.
2. B. The department shall promulgate rules for guardianship assistance payments and payment of nonrecurring expenses.

History: Laws 2023, ch. 90, § 13.

ANNOTATIONS

Effective dates. — Laws 2023, ch. 90, § 30 made Laws 2023, ch. 90, § 13 effective July 1, 2023.