Definitions
NMSA 1978, § 32A-3A-2
in effect32A-3A-2. Definitions
As used in the Voluntary Placement and Family Services Act:
A. "child or family in need of family services" means a family:
(1) whose child's behavior endangers the child's health, safety, education or well-being;
(2) whose child is excessively absent from public school as defined in the Attendance for Success Act [22-12A-1 to 22-12A-14 NMSA 1978];
(3) whose child is absent from the child's place of residence for twenty-four hours or more without the consent of the parent, guardian or custodian;
(4) in which the parent, guardian or custodian of a child refuses to permit the child to live with the parent, guardian or custodian; or
(5) in which the child refuses to live with the child's parent, guardian or custodian;
B. "family services" means services that address specific needs of the child or family;
C. "guardian" means a person appointed as a guardian by a court or Indian tribal authority or a person authorized to care for a child by a parental power of attorney as permitted by law;
D. "guardianship assistance agreement" means a written agreement entered into by the prospective guardian and the department or Indian tribe prior to the establishment of the guardianship by a court;
E. "guardianship assistance payments" means payments made by the department to a kinship guardian or successor guardian on behalf of a child pursuant to the terms of a guardianship assistance agreement;
F. "guardianship assistance program" means the financial subsidy program provided for in the Voluntary Placement and Family Services Act;
G. "kinship" means the relationship that exists between a child and a relative of the child, a godparent, a member of the child's tribe or clan or an adult with whom the child has a significant bond;
H. "managed care organization" means a person or entity eligible to enter into risk-based capitation agreements with the health care authority to provide health care and related services;
I. "subsidized guardianship" means a guardianship that meets subsidy eligibility criteria pursuant to the Voluntary Placement and Family Services Act; and
J. "voluntary placement agreement" means a written agreement between the department and the parent or guardian of a child.
1978 Comp., § 32A-3A-2, enacted by Laws 1993, ch. 77, § 64; 2005, ch. 189, § 26; 2019, ch. 223, § 15; 2023, ch. 90, § 5; 2025, ch. 156, § 4.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18532/index.do#!b/32A-3A-2Fetched: 10/20/2026