Section 40-10B-20 – Discontinuance of guardianship assistance payments

May 17, 2021 | Family Law, New Mexico

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.

NMS ยง 40-10B-20

Added by 2020, c. 51,s. 8, eff. 5/20/2020.