Section 32A-3A-19 - Financial subsidies; eligibilityA. 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) the child shall be in the custody of the department and have been removed from the child's home: (a) pursuant to a voluntary placement agreement; or(b) as a result of a judicial determination that the placement and care of the child should be vested in the department;(2) the child shall be eligible for foster care maintenance payments while in the home of the prospective guardian;(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) the child has a strong attachment to the prospective guardian and the prospective guardian is a relative or fictive kin of the child;(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) 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) a fully executed guardianship assistance agreement is approved by the department; or(8) the child is a sibling of a child who meets the eligibility criteria set forth in this subsection.B. The department shall promulgate rules for guardianship assistance payments and payment of nonrecurring expenses.Added by 2023, c. 90,s. 13, eff. 7/1/2023.