N.M. R. Child. Ct. 10-707
Eligibility determination for indigent defense services
N.M. R. Child. Ct. 10-707
ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016, changed the caption of the case. The 2009 amendment, approved by Supreme Court Order No. 09-8300-038, effective October 26, 2009, in the style of the case, added the blank for "KEY"; in the first paragraph after the title of the form, in the eleventh line after "Child is in", deleted "custody" and added "detention" and in the second sentence, after "Child is not in", deleted "custody" and added "detention" and in the twelfth line added the line for "Child is in legal custody of CYFD or other Public Agency"; in the section labeled "Presumptive Eligibility", in the fourth line, changed "AFDC" to "TANF/GA", in the fifth line, deleted the blank for "DSI$" and added the blank for "SSI/SSDI", in the sixth line, added the blank for "VA Disability", and added the seventh line for "Unable to complete application because of possible Mental Health/Developmental Issue of Parent/Guardian/Custodian"; after the section for "Presumptive Elgibility", added the section heading "Net Income: ____ Child ____ Parent, Guardian, Custodian"; in the section labeled "Exceptional Expenses", added the second line for "Medical Insurance Payments (receipts required)"; after the line for "Total Exceptional Expenses", added the sentence which provides that the parent/guardian/custodian understands that the parent/guardian/custodian will be charged if the child is represented by the Public Defender and the parent/guardian/custodian is not indigent as determined by the Public Defender standard; after the signature line of the affirmation and release by the parent/guardian/custodian, added the sentence which provides that the parent/guardian/custodian understands that the parent/guardian/custodian will be charged if the child is represented by the Public Defender and the parent/guardian/custodian is not indigent as determined by the Public Defender standard; after the sentence which provides that the parent/guardian/custodian understands that if it is determined that parent/guardian/custodian is not indigent, parent/guardian/custodian may appeal to the court, deleted the former affirmation and release by the applicant and the verification by the notary public signature; in the paragraph partially labeled "Column A plus Column B", in the third line, after "applicant [has] [has not] paid the", deleted "statutory" and added "$10.00"; deleted the former fourth line which provided that "applicant [has] [has not] paid the statutory application fee"; following the first signature line for the screening agent, deleted the former sentence in parentheses which provided that the following part of the form was to be completed only if the court determined that the applicant was unable to pay the statutory indigency application fee; in the sentence following the first signature line for the screening agent, after "I find that the", deleted "child" and added "parents/guardian/custodian", after "$10.00 indigency application fee", added "due to ____", after "waive the payment of the", deleted "indigency" and added "$10.00", and deleted the signature line for the "Judge or authorized designee"; in the section labeled "Guidelines For Determining Eligibility", in Section I, Application Fee, deleted the former second sentence which provided for waiver of the application fee if the applicant is homeless or incarcerated and unable to pay the fee, and added the second and third sentences; in Section II, Presumption of Indigency, in the first paragraph, after "social security disability income (SSDI)", added "Veteran's disability benefits (VA) if the benefit is the sole source of income", after "food stamps, medicaid", deleted "disability security income (DSI)", added the third, fourth and fifth sentences, and in the last sentence, after "physical custody of the", deleted "Human Services" and added "Children, Youth and Family"; in Section II, Presumption of Indigency, added the second paragraph; in Section II, Presumption of Indigency, in the third paragraph, after "other problems associated with a mental", added "or developmental", after "disability of the", deleted "child" and added "parent/guardian/custodian", after "indigency will be presumed", deleted "until the child's competency to stand trial and indigency is determined by the public defender or court", in the second sentence, after "believes the information is unreliable", deleted "the Department of Health, Case Management Services (DHMS) section should be checked" and added the remainder of the sentence, and added the last sentence; in Section III, Financial Resources, in the first paragraph, after "presumptively indigent, the screening", added "agent"; in Section III, Financial Resources, in Paragraph A, in the first paragraph, added the second and third sentences, in Subparagraph (3) of Paragraph A, in the first sentence, after "Any", deleted "person" and added "parent, guardian or custodian", in the second paragraph, in the second sentence, after "If the", deleted "child" and added "parent, guardian or custodian", and after "regular support from the", deleted "child's" and added "parent's, guardian's or custodian's", in the third paragraph, added the second, third and fourth sentences; in Section III, Financial Resources, in Paragraph B, in the first sentence, after "consider all assets of the", added "child's" and after "guardians or custodians", deleted "of the child", in the second sentence, after "Real estate", added "other than the primary residence" and after "shall be valued at", deleted "fair market value" and added "the current full valuation on the county property tax rolls", and added the third sentence; in Section III, Financial Resources, in Paragraph C, in the first paragraph, after "costs for medical care", added "or medical insurance", in the first paragraph, in Subparagraph (2), of Paragraph C, after "family support expense obligations must be", deleted "court ordered" and added "verified by court order or a notarized statement from the person to whom the support is paid", and in the second sentence, at the beginning of the sentence, added "The support must", after "actually", added "be", and after "on a regular basis", added the remainder of the sentence, and in the last paragraph, before "bankruptcy", added "pending"; in Section IV, Indigency Formula, in the third paragraph, after "legally responsible for the child's support", added "and the whereabouts of that person(s) is known"; in Section VI, Reimbursement, in the first paragraph, added the fourth and fifth sentences; and in Section VII, New Charges, in the second sentence, changed "A copy of the last eligibility determination form" to "A printout of the CDMS entry for the original application with the new referral." The 2004 amendment, effective November 1, 2004, deleted the last sentence in the statement under oath following "Total Exceptional Expenses", inserted the oath to follow the time limit to appeal if not indigent language, deleted the Indigency Table that was based on one hundred twenty five percent (125%) of the federal poverty guidelines established by the United States Department of Labor in April of 1996 and replaced it with the Indigency Formula which provides that an applicant is "indigent if the applicant's available funds do not exceed one hundred fifty percent (150%) of the current federal poverty guidelines established by the United States Department of Labor". The 2004 amendment also replaced the $10.00 application fee with "statutory indigency fee", inserted present Guideline I, redesignated former Guidelines I through VI as present Guidelines II through VII, substituted "temporary assistance for needy families (TANF), general assistance (GA), supplemental security income (SSI), social security disability income (SSDI)" for "aid to families of dependent children (AFDC)" in the first sentence of the first paragraph of Guideline II, added "Paragraph A", "Paragraph B" and "(Paragraph C)" in the introductory paragraph and rewrote former Paragraph A(2) so as to create present Paragraphs A(2) and (3) in Guideline III, substituted "that are readily" for "which are" in the first sentence and rewrote the last sentence of Paragraph B of that guideline, and, in Paragraph C of that guideline, substituted "that" for "which" in the first sentence of the first paragraph, deleted "or child care" following "support" in Subparagraph (3), and added the last paragraph. The amendment further added the first paragraph and substituted the present last sentence for the former last two sentences in the second paragraph of Guideline IV, substituted the present first paragraph for the former first paragraph in Guideline VI, and, in the second paragraph of that guideline, inserted "under a reimbursement contract" and substituted "execution" for "completion" in the first sentence and deleted "and note" following "contract" in the second sentence, and, in Guideline VII, added "but the parent, guardian or custodian shall be required to pay the application fee" in the first sentence, rewrote the third sentence and added the last sentence. The 1997 amendment, effective August 1, 1997, rewrote the Indigency Table near the end of the form by increasing the available funds amounts and adding figures for seven and eight family members. The 1993 amendment, effective December 1, 1993, rewrote the form and guidelines. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-408 NMRA was recompiled and amended as 10-707 NMRA, effective for all cases pending or filed on or after December 31, 2016.
Cross references. - For indigency determination, see Section 31-15-12 NMSA 1978. For appointment of public defender under Delinquency Act, see Section 32A-2-14B NMSA 1978. For indigency standard under Delinquency Act, see Section 32A-2-30 NMSA 1978.