reglab/housing_qa huggingface dataset:
NM Stat § 40-10B-1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-1 - Short title.

Chapter 40, Article 10B NMSA 1978 may be cited as the "Kinship Guardianship Act". History: Laws 2001, ch. 167, § 1; 2020, ch. 51, § 1. ANNOTATIONSCross references. — For forms approved for use in Kinship Guardianship proceedings, see Civil Forms 4A-501 to 4A-513 NMRA. Compiler's notes. — The Kinship Guardianship Act, codified as 40-10B-1 to 40-10B-15 NMSA 1978, was originally drafted and enacted to be Chapter 45, Article 5 NMSA 1978, but it was recompiled to Chapter 40 NMSA 1978, as the latter seems a more appropriate placement. The 2020 amendment, effective May 20, 2020, changed "This act" to "Chapter 40, Article 10B NMSA 1978".
NM Stat § 40-10B-2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-2 - Repealed.

History: Laws 2001, ch. 167, § 2; repealed by Laws 2020, ch. 51, § 10. ANNOTATIONSRepeals. — Laws 2020, ch. 51, § 10 repealed 40-10B-2 NMSA 1978, as enacted by Laws 2001, ch. 167, § 2, relating to policy, purpose, effective May 20, 2020. For provisions of former section, see the 2019 NMSA 1978 on NMOneSource.com.
NM Stat § 40-10B-4 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-4 - Jurisdiction and venue.

A. The district court has jurisdiction of proceedings pursuant to the Kinship Guardianship Act. B. Proceedings pursuant to the Kinship Guardianship Act shall be in the district court of the county of the child's legal residence or the county where the child resides, if different from the county of legal residence. History: Laws 2001, ch. 167, § 4. ANNOTATIONS
NM Stat § 40-10B-6 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-6 - Service of petition; notice; parties.

A. The court shall set a date for hearing on the petition, which date shall be no less than thirty and no more than ninety days from the date of filing the petition. B. The petition and a notice of the hearing shall be served upon: (1) the children, youth and families department if there is any pending matter relating to the child pursuant to the provisions of Chapter 32A, Article 4 NMSA 1978; (2) the child if the child has reached the age of fourteen; (3) the parents of the child; (4) a person having custody of the child or visitation rights pursuant to a court order; and (5) if the child is an Indian child as defined in the federal Indian Child Welfare Act of 1978, the appropriate Indian tribe and any "Indian custodian", together with a notice of pendency of the guardianship proceedings, pursuant to the provisions of the federal Indian Child Welfare Act of 1978. C. Service of process required by Subsection A of this section shall be made in accordance with the requirements for giving notice of a hearing pursuant to Subsection A of Section 45-1-401 NMSA 1978. D. The persons required to be served pursuant to Subsection B of this section have a right to file a response as parties to this action. Other persons may intervene pursuant to Rule 1-024 NMRA. History: Laws 2001, ch. 167, § 6; 2015, ch. 28, § 2. ANNOTATIONSCross references. — For the federal Indian Child Welfare Act of 1978, see 25 U.S.C. § 1901 et seq. For service of process forms, see Civil Forms 4-206, 4-209 and 4-209B NMRA. The 2015 amendment, effective June 19, 2015, amended the process for obtaining a court hearing; in Subsection A, after "A.", deleted "At the time of filing the petition, the petitioner shall obtain an order of the court setting" and added "The court shall set"; and in Subsection B, Paragraph (2), after "if", deleted "he" and added "the child", and after "reached", deleted "his fourteenth birthday" and added "the age of fourteen". Procedural due process denied. — Where a grandparent filed a petition for guardianship; the matter was resolved when the grandparent and the parents of the child reached a settlement agreement; respondent was a parent of the child; when the other parent breached the settlement agreement, the grandparent, without filing a new petition for guardianship, prepared a guardianship order; the district court signed the guardianship order in an ex parte proceeding; and no notice was given to respondent and no hearing was scheduled or held on the matter, respondent was denied procedural due process. Burris-Awalt v. Knowles, 2010-NMCA-083, 148 N.M. 616, 241 P.3d 617.
NM Stat § 40-10B-7 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-7 - Temporary guardianship pending hearing.

A. After the filing of the petition, upon motion of the petitioner or a person required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act, or upon its own motion, the court may appoint a temporary guardian to serve for not more than one hundred eighty days or until the case is decided on the merits, whichever occurs first. B. A motion for temporary guardianship shall be heard within twenty days of the date the motion is filed. The motion and notice of hearing shall be served on all persons required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act. C. An order pursuant to Subsection A of this section may be entered ex parte upon good cause shown. If the order is entered ex parte, a copy of the order shall be served on the persons required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act. If a person files an objection to the order, the court immediately shall schedule a hearing to be held within ten days of the date the objection is filed. Notice of the hearing shall be given to the petitioner and all persons required to be served pursuant to Subsection B of Section 6 of the Kinship Guardianship Act. History: Laws 2001, ch. 167, § 7. ANNOTATIONS
NM Stat § 40-10B-9 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-9 - Guardian ad litem; appointment.

A. In a proceeding to appoint a guardian pursuant to the Kinship Guardianship Act, the court may appoint a guardian ad litem for the child upon the motion of a party or solely in the court's discretion. The court shall appoint a guardian ad litem if a parent of the child is participating in the proceeding and objects to the appointment requested. B. In a proceeding in which a parent of the child has petitioned for the revocation of a guardianship established pursuant to the Kinship Guardianship Act and the guardian objects to the revocation, the court shall appoint a guardian ad litem. C. The court may order all or some of the parties to a proceeding to pay a reasonable fee of a guardian ad litem. If all of the parties are indigent, the court may award a reasonable fee to the guardian ad litem to be paid out of funds of the court. History: Laws 2001, ch. 167, § 9. ANNOTATIONS
NM Stat § 40-10B-10 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-10 - Guardian ad litem; powers and duties.

A guardian ad litem appointed by the court in a proceeding pursuant to the Kinship Guardianship Act shall: A. in connection with a petition for guardianship, make a diligent investigation of the circumstances surrounding the petition, including visiting the child in the home, interviewing the person proposed as guardian and interviewing the parents of the child if available; B. in connection with a petition or motion for revocation of a guardianship, recommend an appropriate transition plan in the event the guardianship is revoked; and C. at a hearing held in connection with proceedings described in Subsection A or B of this section, report to the court concerning the best interests of the child and the child's position on the requested relief. History: Laws 2001, ch. 167, § 10. ANNOTATIONS
NM Stat § 40-10B-11 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-11 - Nomination objection by child.

In a proceeding for appointment of a guardian pursuant to the Kinship Guardianship Act: A. the court shall appoint a person nominated by a child who has reached his fourteenth birthday unless the court finds the nomination contrary to the best interests of the child; and B. the court shall not appoint a person as guardian if a child who has reached his fourteenth birthday files a written objection in the proceeding before the person accepts appointment as guardian. History: Laws 2001, ch. 167, § 11. ANNOTATIONS
NM Stat § 40-10B-12 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-12 - Revocation of guardianship.

A. Any person, including a child who has reached his fourteenth birthday, may move for revocation of a guardianship created pursuant to the Kinship Guardianship Act. The person requesting revocation shall attach to the motion a transition plan proposed to facilitate the reintegration of the child into the home of a parent or a new guardian. A transition plan shall take into consideration the child's age, development and any bond with the guardian. B. If the court finds that a preponderance of the evidence proves a change in circumstances and the revocation is in the best interests of the child, it shall grant the motion and: (1) adopt a transition plan proposed by a party or the guardian ad litem; (2) propose and adopt its own transition plan; or (3) order the parties to develop a transition plan by consensus if they will agree to do so. History: Laws 2001, ch. 167, § 12. ANNOTATIONSRight of third party to file motion to revoke guardianship. — Where the petitioner, who was the child's aunt by marriage, filed a petition for custody of the child; the child lived with the child's grandmother; the child's mother consented to a kinship guardianship of the child to the grandmother; the court dismissed the petition on the basis of standing; during proceedings on petitioner's motion for reconsideration, petitioner expressed an intention to file a motion under 40-10B-12 NMSA 1978 of the Kinship Guardianship Act; and the court disallowed petitioner from filing the motion and warned petitioner that the court would consider the motion contemptuous of the court's prior order of dismissal, the court's prohibition was erroneous, because 40-10B-12 NMSA 1978 permits any person to file a motion to revoke a kinship guardianship. Vescio v. Wolf, 2009-NMCA-129, 147 N.M. 374, 223 P.3d 371.
NM Stat § 40-10B-14 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-14 - Continuing jurisdiction of the court.

The court appointing a guardian pursuant to the Kinship Guardianship Act retains continuing jurisdiction of the matter. History: Laws 2001, ch. 167, § 14. ANNOTATIONSCourts appointing guardians have concurrent jurisdiction with Children's Courts. — Family courts which appoint kinship guardianships have continuing concurrent jurisdiction with children's courts presiding over abuse and neglect proceedings, and therefore petitions to revoke the rights of a kinship guardian may be filed within abuse and neglect proceedings. State ex rel. Children, Youth & Families Dep't v. Djamila B., 2015-NMSC-003. Where the children's court judge interpreted continuing jurisdiction to mean exclusive jurisdiction, the children's court judge erred in ruling that the court lacked jurisdiction to revoke the kinship guardianship pursuant to this Act. State ex rel. Children, Youth & Families Dep't v. Djamila B., 2015-NMSC-003.
NM Stat § 40-10B-16 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-16 - Financial subsidies; eligibility.

A. Guardianships granted pursuant to the Kinship Guardianship Act may be eligible for financial assistance through the guardianship assistance program.B. In order to be eligible for guardianship assistance payments, the following conditions must be satisfied:(1) the child must 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) a guardian for the child has been appointed pursuant to the Kinship Guardianship Act or the Children's Code [Chapter 32A NMSA 1978];(3) the child must be eligible for foster care maintenance payments while in the home of the prospective kinship guardian;(4) the child must have lived with the prospective kinship guardian for at least six consecutive months pursuant to a court order or a voluntary placement agreement;(5) the child has a strong attachment to the kinship guardian;(6) the kinship guardian has a strong commitment to caring permanently for the child, documented via a meeting with the guardian discussing the guardian's long-term commitment;(7) if the child is fourteen years of age or older, the child has been consulted regarding the guardianship arrangement; and(8) the child is the subject of a fully executed guardianship assistance agreement approved by the department; or(9) the child is a sibling of a child who meets the eligibility criteria set forth in Paragraphs (1) through (8) of this subsection. History: 1978 Comp., § 40-10B-16, as enacted by Laws 2020, ch. 51, § 4. ANNOTATIONSEffective dates. — Laws 2020, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 40-10B-17 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-17 - Financial subsidies; nonrecurring expenses.

Nonrecurring expenses incurred by a prospective kinship guardian associated with establishing a subsidized guardianship may be reimbursed in an amount not to exceed two thousand dollars ($2,000) per child for an eligible child and also for any of an eligible child's siblings.History: 1978 Comp., § 40-10B-17, as enacted by Laws 2020, ch. 51, § 5. ANNOTATIONSEffective dates. — Laws 2020, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 40-10B-18 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-18 - Guardianship assistance agreements.

A. In order for a kinship guardian to receive subsidized guardianship payments pursuant to the Kinship Guardianship Act, the department shall negotiate and enter into a written guardianship assistance agreement with the kinship guardian of an eligible child. The agreement shall specify the following:(1) the amount of and manner in which guardianship assistance payments will be provided;(2) additional services and assistance for which the child and kinship guardian will be eligible;(3) a procedure by which the kinship guardian may apply for additional services;(4) the responsibility of the kinship guardian to report changes in the needs of the child or the circumstances of the kinship guardian that affect guardianship assistance payments;(5) reasonable and verified nonrecurring expenses associated with obtaining a subsidized guardianship pursuant to the provisions of Section 40-10B-17 NMSA 1978; and(6) terms by which the guardianship assistance agreement may be terminated and the ability of the department to recoup funds received due to improper payment.B. A copy of the fully executed guardianship assistance agreement shall be given to the kinship guardian and to the department.History: 1978 Comp., § 40-10B-18, as enacted by Laws 2020, ch. 51, § 6. ANNOTATIONSEffective dates. — Laws 2020, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 40-10B-19 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-19 - Successor guardians.

A. A successor guardian shall be named in the guardianship assistance agreement and amendments thereto who shall be considered to serve as guardian in the event the kinship guardian dies or is incapacitated.B. The department may pay the cost, not to exceed two thousand dollars ($2,000), of nonrecurring expenses associated with the successor guardian obtaining a subsidized guardianship of the child.C. The department shall promulgate rules setting forth requirements for a successor guardian to receive guardianship assistance payments.D. The successor guardian does not need to be a relative and does not need to be licensed as a foster parent to receive guardianship assistance payments.History: 1978 Comp., § 40-10B-19, as enacted by Laws 2020, ch. 51, § 7. ANNOTATIONSEffective dates. — Laws 2020, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 40-10B-20 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-20 - Discontinuance of guardianship assistance payments.

A. The department shall immediately discontinue guardianship assistance payments when the department is advised or determines:(1) a child or kinship guardian no longer meets the criteria to be eligible for guardianship assistance payments;(2) the kinship guardian has requested a termination of the guardianship assistance agreement;(3) the guardianship has been terminated;(4) the child reaches eighteen years of age or twenty-one years of age if eligible pursuant to the Fostering Connections Act [32A-26-1 to 32A-26-10 NMSA 1978]; or(5) the child is no longer receiving support from the kinship guardian.B. The department shall notify the kinship guardian of a discontinuation of guardianship assistance payments and the reasons for discontinuation.C. The discontinuance of guardianship assistance payments does not terminate a guardianship that has been established by a court.History: 1978 Comp., § 40-10B-20, as enacted by Laws 2020, ch. 51, § 8. ANNOTATIONSEffective dates. — Laws 2020, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 40-10B-21 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10B - Kinship Guardianship|Section 40-10B-21 - Appeal of decisions.

A child or kinship guardian may appeal a decision made by the department pursuant to the Kinship Guardianship Act related to a subsidized guardianship. The department shall develop an appeal procedure whereby a child or kinship guardian may contest a decision by the department to establish, deny, reduce or discontinue guardianship assistance payments.History: 1978 Comp., § 40-10B-21, as enacted by Laws 2020, ch. 51, § 9. ANNOTATIONSEffective dates. — Laws 2020, ch. 51 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 40-10C-1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10C - Uniform Child Abduction Prevention|Section 40-10C-1 - Short title.

This act [40-10C-1 to 40-10C-12 NMSA 1978] may be cited as the "Uniform Child Abduction Prevention Act". History: Laws 2013, ch. 156, § 1. ANNOTATIONSEffective dates. — Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
NM Stat § 40-10C-2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10C - Uniform Child Abduction Prevention|Section 40-10C-2 - Definitions.

As used in the Uniform Child Abduction Prevention Act: A. "abduction" means the wrongful removal or wrongful retention of a child; B. "child" means an unemancipated individual who is less than eighteen years of age; C. "child-custody determination" means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. "Child-custody determination" includes a permanent, temporary, initial or modification order; D. "child-custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. "Child-custody proceeding" includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence; E. "court" means an entity authorized pursuant to the law of a state to establish, enforce or modify a child-custody determination; F. "petition" includes a motion or its equivalent; G. "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; H. "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. "State" includes a federally recognized Indian nation, tribe or pueblo; I. "travel document" means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation or accommodations. "Travel document" does not include a passport or visa; J. "wrongful removal" means the taking of a child, which taking breaches rights of custody or visitation given or recognized pursuant to the law of this state; and K. "wrongful retention" means the keeping or concealing of a child, which keeping or concealing breaches rights of custody or visitation given or recognized pursuant to the law of this state. History: Laws 2013, ch. 156, § 2. ANNOTATIONSEffective dates. — Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
NM Stat § 40-10C-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10C - Uniform Child Abduction Prevention|Section 40-10C-3 - Cooperation and communication among courts.

Sections 40-10A-110 through 40-10A-112 NMSA 1978 apply to cooperation and communication among courts in proceedings pursuant to the Uniform Child Abduction Prevention Act. History: Laws 2013, ch. 156, § 3. ANNOTATIONSEffective dates. — Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
NM Stat § 40-10C-4 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 10C - Uniform Child Abduction Prevention|Section 40-10C-4 - Actions for abduction prevention measures.

A. A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. B. A party to a child-custody determination or another individual or entity having a right pursuant to the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child pursuant to the Uniform Child Abduction Prevention Act. C. A prosecutor or public authority designated pursuant to Section 40-10A-315 NMSA 1978 may seek a warrant to take physical custody of a child pursuant to Section 9 of the Uniform Child Abduction Prevention Act or other appropriate prevention measures. History: Laws 2013, ch. 156, § 4. ANNOTATIONSEffective dates. — Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.