reglab/housing_qa huggingface dataset:
NM Stat § 40-5A-12 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 5A - Parental Responsibility|Section 40-5A-12 - Federal funds; board surcharges.

A. The department may enter into joint powers agreements with boards to assist in the implementation of the Parental Responsibility Act. The agreements shall provide for payment to the boards of federal funds to cover the portion of costs allowable under federal law and regulation that are incurred by the boards in implementing those sections. The agreement shall also provide for payment by the boards to the department for the nonfederal share of costs incurred by the department in assisting the boards. The boards shall reimburse the department for the nonfederal share of costs incurred pursuant to the Parental Responsibility Act from money collected from licensees or applicants for licenses. B. Notwithstanding any other provision of law, each board may levy a surcharge on any fee assessed for licensure or regulation of the profession or occupation to cover the costs of implementing and administering the provisions of the Parental Responsibility Act. The surcharge may be adopted after notice to the licensees and applicants, but shall not require the adoption or amendment of a regulation. History: Laws 1995, ch. 25, § 12.
NM Stat § 40-5A-13 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 5A - Parental Responsibility|Section 40-5A-13 - Annual report.

The department shall report to the governor and the legislature by December 1 of each year on the progress of child support enforcement measures, including: A. the number of delinquent obligors certified by the department; B. the number of obligors who also were licensees or applicants subject to the provisions of the Parental Responsibility Act; C. the number of licenses that were suspended or revoked by each board, the number of new licenses and renewals that were delayed or denied by each board and the number of licenses and renewals that were granted following an applicant's compliance with a judgment and order for support or subpoenas or warrants relating to paternity or child support proceedings; and D. the costs incurred in the implementation and enforcement of the Parental Responsibility Act. History: Laws 1995, ch. 25, § 13; 1997, ch. 237, § 32. ANNOTATIONSThe 1997 amendment, effective April 11, 1997, added "or subpoenas or warrants relating to paternity or child support proceedings" to the end of Subsection C.
NM Stat § 40-6-1 to 40-6-41 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 6 - Reciprocal Enforcement of Support (Repealed.)|Section 40-6-1 to 40-6-41 - Repealed.

ANNOTATIONSRepeals. — Laws 1994, ch. 107, § 904 repealed 40-6-1 to 40-6-41 NMSA 1978, as enacted by Laws 1969, ch. 242, §§ 1-41, and as amended by Laws 1977, ch. 252, § 25, relating to uniform reciprocal enforcement of support, effective July 1, 1995. For provisions of former sections, see the 1993 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 40, Article 6A NMSA 1978.
NM Stat § 40-7-1 to 40-7-24 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7 - Adoption (Repealed, Recompiled.)|Section 40-7-1 to 40-7-24 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 171, § 12, repealed 40-7-20 NMSA 1978, as enacted by Laws 1975, ch. 349, § 3, relating to the minimum requirements for licensing child placement agencies, and repealed 40-7-22 to 40-7-24 NMSA 1978, as enacted by Laws 1975, ch. 349, §§ 5 to 7, relating to revocation or suspension of a license, judicial review and penalty for operation of a child placement agency with a license, effective June 19, 1981. Laws 1985, ch. 194, § 39 repealed 40-7-1 to 40-7-19 NMSA 1978, as enacted and amended by Laws 1971, ch. 222, and Laws 1973, ch. 261, Laws 1975, chs. 185 and 349, Laws 1977, ch. 223, Laws 1979, ch. 113, Laws 1981, ch. 111, and Laws 1983, ch. 239, relating to the Adoption Act, and repealed 40-7-21 NMSA 1978, as enacted by Laws 1975, ch. 349, § 4, relating to a criminal offender's character evaluation, effective July 1, 1985.
NM Stat § 40-7-25 to 40-7-28 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7 - Adoption (Repealed, Recompiled.)|Section 40-7-25 to 40-7-28 - Recompiled.

ANNOTATIONSRecompilations. — Laws 1985, ch. 194, § 38 recompiled 40-7-25 to 40-7-28 NMSA 1978 as 40-7-36 to 40-7-39 NMSA 1978; the sections were recompiled again as 40-7-62 to 40-7-65 NMSA 1978 to conform to the code assignation of the Adoption Act, 40-7-29 to 40-7-61 NMSA 1978.
NM Stat § 40-7-29 to 40-7-65 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7 - Adoption (Repealed, Recompiled.)|Section 40-7-29 to 40-7-65 - Repealed.

ANNOTATIONSRepeals. — Laws 1993, ch. 77, § 234E repealed 40-7-29 to 40-7-65 NMSA 1978, as enacted by Laws 1985, ch. 194, §§ 1 to 33 and amended by Laws 1987, ch. 106, §§ 5 and 6, and by Laws 1989, ch. 341, §§ 2 to 15, and as recompiled by Laws 1985, ch. 194, § 38, relating to adoptions, effective July 1, 1993. For provisions of former sections, see the 1992 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 32A-5-1 to 32A-5-45 NMSA 1978.
NM Stat § 40-7A-1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7A - Child Placement Agency Licensing|Section 40-7A-1 - Short title.

Chapter 40, Article 7A NMSA 1978 may be cited as the "Child Placement Agency Licensing Act". History: Laws 1981, ch. 171, § 1; 2011, ch. 130, § 1. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, changed the statutory reference. Am. Jur. 2d, A.L.R. and C.J.S. references. — Foster parent's right to immunity from foster child's negligence claims, 55 A.L.R.4th 778.
NM Stat § 40-7A-2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7A - Child Placement Agency Licensing|Section 40-7A-2 - Purpose.

The purpose of the Child Placement Agency Licensing Act is to facilitate the licensing of child placement agencies for the placement of abused, neglected, dependent or homeless children in a stable and loving environment where a healthy and normal parent-child relationship may exist between the foster or adoptive parent and the child. History: Laws 1981, ch. 171, § 2.
NM Stat § 40-7A-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7A - Child Placement Agency Licensing|Section 40-7A-3 - Definitions.

As used in the Child Placement Agency Licensing Act: A. "child" means an individual under the age of eighteen years; B. "child placement agency" means any individual, partnership, unincorporated association or corporation undertaking to place a child in a home in this or any other state for the purpose of foster care or adoption of the child; C. "department" means the children, youth and families department; D. "division" means the protective services division of the department; E. "foster home" means a home maintained by an individual having the care and control, for periods exceeding twenty-four hours, of a child who is not placed for adoption; F. "person" means any individual, partnership, unincorporated association or corporation; and G. "secretary" means the secretary of children, youth and families. History: Laws 1981, ch. 171, § 3; 2011, ch. 130, § 2. ANNOTATIONSCross references. — For the human services department, see 9-8-1 to 9-8-14 NMSA 1978. For the social services division, see 9-8-4 NMSA 1978. For the secretary of human services, see 9-8-5 NMSA 1978. The 2011 amendment, effective June 17, 2011, assigned responsibility for licensing child placement agencies to the children, youth and families department, and removed homes for abused, neglected, dependent and homeless children from the application of the act.
NM Stat § 40-7A-5 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7A - Child Placement Agency Licensing|Section 40-7A-5 - Variances.

Upon written application from a child placement agency, the division in exercise of its sole discretion may issue a variance that permits a noncompliance with the division's rules. The variance shall be in writing and may be temporary or permanent. No variance shall be issued that is contrary to the Child Placement Agency Licensing Act. There shall be no right to a variance. History: Laws 1981, ch. 171, § 5; 2011, ch. 130, § 4. ANNOTATIONSThe 2011 amendment, effective June 17, 2011, removed foster homes from the application of this section.
NM Stat § 40-7A-7 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7A - Child Placement Agency Licensing|Section 40-7A-7 - Judicial review; scope of review.

The filing of a petition with the district court shall not stay the enforcement of the decision of the division, but the court may order a stay upon a showing of good cause. History: Laws 1981, ch. 171, § 7.
NM Stat § 40-7A-8 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7A - Child Placement Agency Licensing|Section 40-7A-8 - Penalty.

Any person who operates a child placement agency or foster home without a license as provided for in the Child Placement Agency Licensing Act shall be guilty of a misdemeanor. History: Laws 1981, ch. 171, § 8.
NM Stat § 40-7B-2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7B - Interstate Compact on Adoption and Medical Assistance|Section 40-7B-2 - Human services department to administer compact; rules and regulations.

The New Mexico human services department, hereinafter called "the department", or its successor agency is the compact administrator of the Interstate Compact on Adoption and Medical Assistance [40-7B-1 to 40-7B-6 NMSA 1978], hereinafter called "the compact". The department shall promulgate rules and regulations to carry out more effectively the terms of the compact. Where appropriate, the department shall act jointly with the officers of other party states in promulgating such rules and regulations. The department may cooperate with all other departments and agencies of this state and its political subdivisions in facilitating the proper administration of the compact and any amendments or supplementary agreements thereunder entered into by this state. History: Laws 1985, ch. 133, § 2. ANNOTATIONSCross references. — For the authority of the human services department to conduct social services, see 9-8-13 NMSA 1978.
NM Stat § 40-7B-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7B - Interstate Compact on Adoption and Medical Assistance|Section 40-7B-3 - Supplementary agreements.

The compact administrator of the Interstate Compact on Adoption and Medical Assistance may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. If any supplementary agreement requires or contemplates the use of any institution or facility of this state or requires or contemplates the provision of any service by this state, it shall not become effective until approved by the head of the agency under whose jurisdiction the institution or facility is operated or whose agency will be charged with rendering the service. History: Laws 1985, ch. 133, § 3.
NM Stat § 40-7B-4 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7B - Interstate Compact on Adoption and Medical Assistance|Section 40-7B-4 - Financial arrangements.

Subject to legislative appropriations, the compact administrator of the Interstate Compact on Adoption and Medical Assistance shall arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or any supplementary agreement entered into thereunder. History: Laws 1985, ch. 133, § 4.
NM Stat § 40-7B-5 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7B - Interstate Compact on Adoption and Medical Assistance|Section 40-7B-5 - Special provisions relating to medical assistance.

A. A child with special needs, resident in this state, who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon filing with the department a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the department, the adoptive parents may be required periodically to show that the agreement is still in force or has been renewed. B. The department shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for the recipients of medical assistance. C. Where the department has entered into an adoption assistance agreement to provide to a child services which are not provided by the residence state, the department shall provide those services agreed to which are not provided by the residence state. The department will not make any payment for services provided by the residence state, even if the payment authorized for the service in the residence state is less than the payment amount authorized in New Mexico for that service. The adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not provided by the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The additional coverages and benefit amounts provided pursuant to this section shall be for services for which there is no federal contribution or which, if federally aided, are not provided by the residence state. Among other things, such regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance. D. The provisions of this section shall apply to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive such assistance in accordance with the laws and procedures applicable thereto. History: Laws 1985, ch. 133, § 5.
NM Stat § 40-7B-6 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 7B - Interstate Compact on Adoption and Medical Assistance|Section 40-7B-6 - Federal participation.

Consistent with federal law, the department, in connection with the administration of the compact entered into pursuant to this act, shall include in any state plan made pursuant to the federal Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Titles IV(e) and XIX of the Social Security Act and any other applicable federal laws the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law. History: Laws 1985, ch. 133, § 6. ANNOTATIONSCross references. — For the federal Adoption Assistance and Child Welfare Act of 1980, see 42 U.S.C. § 602 et seq. For Titles IV(e) and XIX of the Social Security Act, see 42 U.S.C. § 670 et seq. and 42 U.S.C. § 1396 et seq.
NM Stat § 40-8-2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 8 - Change of Name|Section 40-8-2 - Notice of petition; exception.

A. Before making application to the court for changing or establishing a name as provided in Section 40-8-1 NMSA 1978, the applicant shall cause a notice thereof, stating the nature of the application, the time and place, when and where the application will be made, to be published in the county where the application is to be made and where the applicant resides; the notice to be published at least once each week for two consecutive weeks in some newspaper printed in the county. If there is no newspaper published in the county where the applicant resides, then the notice shall be published in a newspaper printed in the county nearest to the residence of the person and having a circulation in the county where the person resides. B. If the court finds that publication of an applicant's name change will jeopardize the applicant's personal safety, the court shall not require publication. The court shall order all records regarding the application to be sealed. The records shall only be opened by court order based upon a showing of good cause or at the applicant's request. History: Laws 1889, ch. 3, § 2; C.L. 1897, § 2911; Code 1915, § 3808; C.S. 1929, § 92-102; 1941 Comp., § 25-502; 1953 Comp., § 22-5-2; 2001, ch. 125, § 1. ANNOTATIONSCross references. — For legal newspapers and publication of notice, see 14-11-2 NMSA 1978. The 2001 amendment, effective July 1, 2001, added the section heading; added the Subsection A designation and in that subsection, substituted "a name as provided in Section 40-8-1 NMSA 1978" for "a name as above provided"; and added Subsection B.
NM Stat § 40-8-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 8 - Change of Name|Section 40-8-3 - [Hearing at regular term in county of petitioner's residence.]

That the hearing and determination of all proceedings instituted under the provisions of this chapter [40-8-1 to 40-8-3 NMSA 1978], and the final order of the court therein, shall be had and made at some regular term of the district court sitting within and for the county wherein said petitioner resides. History: Laws 1889, ch. 3, § 3; C.L. 1897, § 2912; Code 1915, § 3809; C.S. 1929, § 92-103; 1941 Comp., § 25-503; 1953 Comp., § 22-5-3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Circumstances justifying grant or denial of petition to change adult's name, 79 A.L.R.3d 562. 65 C.J.S. Names § 15.
NM Stat § 40-9-1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 9 - Grandparent's Visitation Privileges|Section 40-9-1 - Short title.

Chapter 40, Article 9 NMSA 1978 may be cited as the "Grandparent's Visitation Privileges Act". History: 1978 Comp., § 40-9-1, enacted by Laws 1993, ch. 93, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 93, § 1 repealed former 40-9-1 NMSA 1978, as enacted by Laws 1979, ch. 13, § 1, relating to visitation privileges upon judgments of dissolution of marriage, legal separation or parentage, and enacted a new section effective July 1, 1993. Law reviews. — For article, "Survey of New Mexico Law, 1979-80: Domestic Relations and Juvenile Law," see 11 N.M.L. Rev. 134 (1981). For note, "Family Law - A Limitation on Grandparental Rights in New Mexico: Christian Placement Service v. Gordon," see 17 N.M.L. Rev. 207 (1987). Annual Survey of New Mexico Family Law, see 17 N.M.L. Rev. 291 (1987). Am. Jur. 2d, A.L.R. and C.J.S. references. — Grandparents' visitation rights, 90 A.L.R.3d 222. Religion as factor in child custody and visitation cases, 22 A.L.R.4th 971. Grandparents' visitation rights where child's parents are deceased, or where status of parents is unspecified, 69 A.L.R.5th 1. Grandparent's visitation rights where child's parents are living, 71 A.L.R.5th 99.
NM Stat § 40-9-1.1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 9 - Grandparent's Visitation Privileges|Section 40-9-1.1 - Definitions.

As used in the Grandparent's Visitation Privileges Act, "grandparent" means: A. the biological grandparent or great-grandparent of a minor child; or B. a person who becomes a grandparent or great-grandparent due to the adoption of a minor child by a member of that person's family. History: 1978 Comp., § 40-9-1.1, enacted by Laws 1993, ch. 93, § 2.
NM Stat § 40-9-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 9 - Grandparent's Visitation Privileges|Section 40-9-3 - Visitation; modification; restrictions.

A. When the district court grants reasonable visitation privileges to a grandparent pursuant to the provisions of the Grandparent's Visitation Privileges Act, the court shall issue any necessary order to enforce the visitation privileges and may modify the privileges or order upon a showing of good cause by any interested person. B. Absent a showing of good cause, no grandparent or parent shall file a petition pursuant to the provisions of the Grandparent's Visitation Privileges Act more often than once a year. C. When an action for enforcement of a court order allowing visitation privileges is brought pursuant to the Grandparent's Visitation Privileges Act by a grandparent, the court may award court costs and reasonable attorneys' fees to the prevailing party when a court order is violated. History: 1978 Comp., § 40-9-3, enacted by Laws 1993, ch. 93, § 4; 1995, ch. 58, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 93, § 4 repealed former 40-9-3 NMSA 1978, as enacted by Laws 1979, ch. 13, § 3, and enacted a new section, effective July 1, 1993. The 1995 amendment, effective June 16, 1995, inserted "or parent" in Subsection B and added Subsection C. Rebuttable presumption. — The presumption that a fit parent acts in the best interests of his or her child is a rebuttable presumption. Deem v. Lobato, 2004-NMCA-102, 136 N.M. 266, 96 P.3d 1186, cert. denied, 2004-NMCERT-008, 136 N.M. 491, 100 P.3d 197. Am. Jur. 2d, A.L.R. and C.J.S. references. — Grandparents' visitation rights, 90 A.L.R.3d 222. Grandparents' visitation rights where child's parents are deceased, or where status of parents is unspecified, 69 A.L.R.5th 1. Grandparent's visitation rights where child's parents are living, 71 A.L.R.5th 99.
NM Stat § 40-9-4 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 9 - Grandparent's Visitation Privileges|Section 40-9-4 - Change of child's domicile; notice to grandparent.

A. When a grandparent is granted visitation privileges with respect to a minor child pursuant to the provisions of the Grandparent's Visitation Privileges Act and the child's custodian intends to depart the state or to relocate within the state with the intention of changing that child's domicile, the custodian shall: (1) notify the grandparents of the minor child of the custodian's intent to change the child's domicile at least five days prior to the child's change of domicile; (2) provide the grandparent with an address and telephone number for the minor child; and (3) afford the grandparent of the minor child the opportunity to communicate with the child. B. This state will recognize an order or act regarding grandparent visitation privileges issued by any state, district, Indian tribe or territory of the United States of America. History: 1978 Comp., § 40-9-4, enacted by Laws 1993, ch. 93, § 5; 1995, ch. 58, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 93, § 5 repealed former 40-9-4 NMSA 1978, as enacted by Laws 1979, ch. 13, § 4, relating to applicability of article, and enacted a new section, effective July 1, 1993. The 1995 amendment, effective June 16, 1995, redesignated the subsections, inserted "or to relocate within the state" in Subsection A, substituted "change of domicile" for "departure from the state" in Paragraph (1) of Subsection A, and added Subsection B.
NM Stat § 40-10-1 to 40-10-24 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10 - Child Custody Jurisdiction (Repealed.)|Section 40-10-1 to 40-10-24 - Repealed.

ANNOTATIONSRepeals. — Laws 2001, ch. 114, § 405 repealed 40-10-1 to 40-10-24 NMSA 1978, as enacted by Laws 1981, ch. 119, §§ 1 to 23 and 25, regarding child custody jurisdiction, effective July 1, 2001. For provisions of former sections, see the 2000 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 40, Article 10A NMSA 1978.