Voluntary Placement and Family Services

NMSA 1978 ch. 32A, art. 3A

in effect

NMSA 1978, § 32A-3A-1 Short title

32A-3A-1. Short title Chapter 32A, Article 3A NMSA 1978 may be cited as the "Voluntary Placement and Family Services Act". 1978 Comp., § 32A-3A-1, enacted by Laws 1993, ch. 77, § 63; 2005, ch. 189, § 25; 2023, ch. 90, § 4.

NMSA 1978, § 32A-3A-2 Definitions

32A-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.

NMSA 1978, § 32A-3A-3 Request for family services; withdrawal of request; presumption of good faith

32A-3A-3. Request for family services; withdrawal of request; presumption of good faith A. Any child or family member who has a reasonable belief that the child or family is in need of family services may request family services from the department. B. Any person, including a public or private school principal, who has a reasonable belief that a child or family is in need of family services may submit a referral to the department. C. A family that requests or accepts family services may withdraw its request for or acceptance of family services at any time. D. A person who refers a child or family for family services is presumed to be acting in good faith and shall be immune from civil or criminal liability, unless the person acted in bad faith or with malicious purpose. 1978 Comp., § 32A-3A-3, enacted by Laws 1993, ch. 77, § 65; 2005, ch. 189, § 27; 2019, ch. 223, § 16.

NMSA 1978, § 32A-3A-4 Referral process

32A-3A-4. Referral process A. The department shall, subject to the availability of resources, design and implement a referral process to assist a child or family in accessing appropriate services. B. When the child involved in the referral process is an Indian child, the assessment and referral process shall include contact with the Indian child's tribe for the purpose of consulting and exchanging information. 1978 Comp., § 32A-3A-4, enacted by Laws 1993, ch. 77, § 66; 1995, ch. 206, § 18; 2005, ch. 189, § 28.

NMSA 1978, § 32A-3A-6 Voluntary placement outside home; voluntary placement agreement

32A-3A-6. Voluntary placement outside home; voluntary placement agreement A. The department may accept legal custody of a minor child from a parent or guardian for temporary voluntary placement outside the home through a voluntary placement agreement. B. When a parent is considering a voluntary placement agreement, the department shall notify the office of family representation and advocacy. The office of family representation and advocacy shall assign the parent or guardian legal counsel prior to the signing and for the duration of the voluntary placement agreement. Prior to the signing of the voluntary placement agreement, counsel shall explain to the parent or guardian: (1) the terms and consequences of the consent to the voluntary placement agreement, in detail; (2) that the parent or guardian can withdraw consent at any time and the child shall be returned within forty-eight hours of when the written or verbal demand was made; and (3) that before the expiration of the forty-eight hours, the department may prevent the immediate return of the child by filing a petition alleging neglect or abuse and by obtaining a court order granting the department temporary custody of the child. C. The department shall notify the office of family representation and advocacy when the voluntary placement agreement is terminated or expires. D. The parent or guardian may request a collaborative meeting with the department prior to signing or at any point throughout the duration of the voluntary placement agreement. The department shall schedule the collaborative meeting in a timely manner. E. Upon the signing of a voluntary placement agreement, the department shall notify the office of family representation and advocacy. The office of family representation and advocacy shall assign the child a guardian ad litem. Only an attorney with appropriate experience shall be appointed as guardian ad litem of the child. When a voluntary placement agreement is subject to court review, the guardian ad litem shall inform the court as to the child's wishes. F. The parent or guardian, child or department may file a petition for court review of the voluntary placement agreement prior to the signing or at any point throughout the duration of the voluntary placement agreement. G. If court review is requested prior to signing the voluntary placement agreement, before approving the voluntary placement agreement, the court shall ensure that the voluntary placement agreement is executed in writing. The court shall certify on the record that: (1) the terms and consequences of the consent were fully explained in detail and in a manner that is understandable to the parent or guardian; (2) the child's parent or guardian fully understands the English language or that the voluntary placement agreement was interpreted into the primary language of the child's parent or guardian; (3) the child's parent or guardian is voluntarily entering into the voluntary placement agreement; (4) confidentiality has been requested or indicated and execution of consent was made in a closed court proceeding not open to the public; and (5) the child's parent or guardian is of sound mind and judgment. 1978 Comp., § 32A-3A-6, enacted by Laws 1993, ch. 77, § 68; 2023, ch. 90, § 6.

NMSA 1978, § 32A-3A-7 Voluntary placement; time limitation

32A-3A-7. Voluntary placement; time limitation A. A child may remain in voluntary placement for up to one hundred eighty consecutive days. B. Prior to the expiration of the voluntary placement agreement, if the parent or guardian agrees in writing that the child is to remain in voluntary placement for up to an additional one hundred eighty days, the department shall file a petition to extend the voluntary placement. The department shall provide notice of the hearing on the petition for extension to the parent or guardian. C. The court shall hold a hearing and enter a written final order within thirty days of the filing of the petition. If the court grants an extension of up to one hundred eighty days, the order shall contain findings that proper notice was given, the parent or guardian consents to the extension of the voluntary placement and the voluntary placement agreement is in the child's best interest. If an extension is denied, the court shall enter a written order denying the extension and directing the department to immediately return the child to the parent or guardian. D. In no event shall a child remain in voluntary placement for a period in excess of three hundred sixty-five days in any two-year period. E. Any placement described in this section shall not be considered abandonment by a parent, guardian or custodian or other family member. 1978 Comp., § 32A-3A-7, enacted by Laws 1993, ch. 77, § 69; 2005, ch. 82, § 1; 2023, ch. 90, § 7.

NMSA 1978, § 32A-3A-8 Voluntary placement; return of child to parent; department duty upon parent refusal to regain custody

32A-3A-8. Voluntary placement; return of child to parent; department duty upon parent refusal to regain custody A. At any time, a parent or guardian may demand and obtain the return of a child voluntarily placed outside the home without seeking or obtaining court approval. The child shall be returned within forty-eight hours of when the written or verbal demand was made. However, before the expiration of the forty-eight-hour period, the department may prevent the immediate return of the child by filing a petition pursuant to the Family in Need of Court-Ordered Services Act [Chapter 32A, Article 3B NMSA 1978] or the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978] and proceeding under the applicable act. B. If the parent or guardian of the child refuses to or cannot accept the child back into the parent's or guardian's custody, before the department files a petition alleging that the child is a neglected child or that the child's family needs court-ordered family services, the department shall: (1) make reasonable efforts to place the child back in the custody of the parent or guardian and tailor the reasonable efforts to the facts and circumstances of the case and shall: (a) document in writing the details demonstrating the quality and quantity of services and assistance provided to alleviate the causes and conditions leading to the parent or guardian's refusal or inability to accept the child back into the parent or guardian's custody, on the court record; (b) assist the child's parent or guardian through the steps of a department case plan and with accessing or developing the resources necessary to satisfy the department case plan; and (c) conduct a comprehensive assessment of the circumstances of the child's family with a goal of reunification; (2) make reasonable efforts to maintain or reunite a child with the child's family by: (a) identifying and establishing appropriate services and assisting the child's parent or guardian to overcome barriers to reunification, including assisting the parent or guardian in obtaining those services; (b) conducting or causing to be conducted a diligent search for the child's extended family members and contacting and consulting with the child's extended family members and adult relatives to provide family structure and support for the child and the child's parent or guardian; (c) offering and employing culturally appropriate family preservation strategies; (d) taking steps to keep the child and the child's siblings together whenever possible; and (e) identifying community resources, including housing, financial assistance, transportation, mental health services, health care, substance use prevention and treatment and peer support services, and assisting the child's parent or guardian; and (3) record all efforts made toward reasonable efforts and report them to the court. 1978 Comp., § 32A-3A-8, enacted by Laws 1993, ch. 77, § 70; 2005, ch. 82, § 2; 2023, ch. 90, § 8.

NMSA 1978, § 32A-3A-10 Voluntary placement; rights of parent

32A-3A-10. Voluntary placement; rights of parent A. have visitation with the child; B. be informed of changes in the child's school or of changes in the child's placement by the department; C. authorize decisions regarding medical and dental care and behavioral health services, including decisions that affect the daily care, support, safety and well-being of the child; D. permit the department to consent to emergency services to ensure the safety and well-being of the child, including medical, dental or behavioral health treatment, if the department is unable to make immediate prior contact with the parent or guardian. The department shall notify the parent or guardian within two hours of making emergency decisions due to inability to make prior contact; E. consent to all nonemergency and nonroutine medical care provided for the child; F. make decisions regarding participation and attendance in cultural and religious events; G. make decisions of substantial legal significance; and H. serve as the educational decision maker unless the department determines that doing so would be contrary to the best interests of the child, in which case the foster parent or other substitute care provider will serve as the educational decision maker. 1978 Comp., § 32A-3A-10, enacted by Laws 1993, ch. 77, § 72; 2023, ch. 90, § 9.

NMSA 1978, § 32A-3A-11 Emergency placement; criminal history record check

32A-3A-11. Emergency placement; criminal history record check A. In an emergency placement situation, when a child must be placed in a home due to the absence of parents or custodians, the department or a criminal justice agency shall perform a federal name-based criminal history record check of each adult residing in the home. The results of the name-based check shall be provided to the department, and, within fifteen days from the date that the name-based check was conducted, the department shall provide a complete set of each adult resident's fingerprints to the department of public safety for immediate submission to the federal bureau of investigation. The department of public safety shall positively identify the fingerprint subject, if possible, and forward the fingerprints to the federal bureau of investigation within fifteen calendar days from the date that the name-based search was conducted. The child shall be removed from the home immediately if any adult resident fails to provide fingerprints or written permission to perform a federal criminal history record check when requested to do so. B. When placement of a child in a home is denied as a result of a name-based criminal history record check of a resident and the resident contests that denial, the resident shall, within five business days, submit to the department a complete set of the resident's fingerprints with written permission allowing the department to forward the fingerprints to the department of public safety for submission to the federal bureau of investigation. The resident shall be entitled to review the information obtained from the resident's criminal history record check if that check was performed using the resident's fingerprints submitted pursuant to this subsection. C. The department may charge the federal fee for processing a fingerprint-based criminal history record check pursuant to this section. The department of public safety shall not charge a state fee for processing a fingerprint-based criminal history record check pursuant to this section. D. As used in this section, "emergency placement" refers to those limited instances when the department is placing a child in the home of private individuals, including neighbors, friends or relatives, as a result of sudden unavailability of the child's primary caretaker. Laws 2013, ch. 50, § 1; 2016, ch. 64, § 1.

NMSA 1978, § 32A-3A-12 Foster families; free admission to museums and state parks; camping passes; fishing licenses

32A-3A-12. Foster families; free admission to museums and state parks; camping passes; fishing licenses A. As provided in Subsection B of this section, foster parents and children in the custody of foster parents, young adults enrolled in the fostering connections program and children who are in the custody of the children, youth and families department or in tribal custody, who are residents of the state, shall be provided for free: (1) admission to state-owned museums and state parks; (2) a camping pass for up to three consecutive nights of overnight access to a state park; and (3) a fishing license. B. Eligibility for free admission shall be contingent on demonstration of proof of identity, residency and status as a foster parent, child in the custody of a foster parent, young adult enrolled in the fostering connections program or child in the custody of the children, youth and families department or in tribal custody in accordance with rules of the: (1) cultural affairs department, for free day-use admission to state-owned museums; (2) energy, minerals and natural resources department, for free day-use admission and camping passes to state parks; or (3) state game commission [state wildlife commission], for fishing licenses. Laws 2019, ch. 132, § 1; 2023, ch. 135, § 1.

NMSA 1978, § 32A-3A-13 Plan of safe care; guidelines; creation; data sharing; training

32A-3A-13. Plan of safe care; guidelines; creation; data sharing; training A. By July 1, 2026, the health care authority, in consultation with medicaid managed care organizations, private insurers, the office of superintendent of insurance, the children, youth and families department and the department of health, shall develop rules to guide hospitals, birthing centers, medical providers, medicaid managed care organizations and private insurers in the care of newborns who exhibit physical, neurological or behavioral symptoms consistent with prenatal drug exposure, withdrawal symptoms from prenatal drug exposure or fetal alcohol spectrum disorder. B. Rules shall include guidelines to hospitals, birthing centers, medical providers, medicaid managed care organizations and private insurers regarding: (1) participation in the plan of safe care development process, which may occur at a prenatal or perinatal medical visit and shall occur prior to a substance-exposed child's discharge from a hospital. The plan of safe care development process shall allow for the creation of a written plan of safe care that shall be sent to: (a) the child's primary care physician; (b) a medicaid managed care organization insurance plan care coordinator or a care coordinator employed by or contracted with the health care authority; (c) the child's parent, relative, guardian or caretaker who is present at discharge who shall receive a copy upon discharge. The plan of safe care shall be signed by an appropriate representative of the discharging hospital and the child's parent, relative, guardian or caretaker who is present at discharge; and (d) if the child's parent, relative, guardian, custodian or caretaker resides on tribal land, the respective Indian tribe shall be sent a copy of the plan of safe care within twenty-four hours of the child's discharge; (2) definitions and evidence-based screening tools, based on standards of professional practice, to be used by health care providers to identify a child born affected by substance use or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder. The rules shall include a requirement that all hospitals, birthing centers and prenatal care providers use the screening, brief intervention and referral to treatment program at all prenatal or perinatal medical visits and live births; (3) collection and reporting of data to meet federal and state reporting requirements, including the following: (a) by hospitals and birthing centers to the department when: 1) a plan of safe care has been developed; and 2) a family has been referred for a plan of safe care; (b) information pertaining to a child born and diagnosed by a health care professional as affected by substance abuse, withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder; and (c) data collected by hospitals and birthing centers for use by the children's medical services of the family health bureau of the public health division of the department of health in epidemiological reports and to support and monitor a plan of safe care. Information reported pursuant to this subparagraph shall be coordinated with communication to insurance carrier care coordinators to facilitate access to services for children and parents, relatives, guardians, custodians or caretakers identified in a plan of safe care; (4) requirements for the health care authority to: (a) ensure that there is at least one care coordinator available in each birthing hospital in the state; (b) ensure that all substance-exposed children who have a plan of safe care receive care coordination to implement the plan of safe care; (c) provide training to hospital staff, birthing center staff and prenatal care providers on the screening, brief intervention and referral to treatment program; and (d) communicate, collaborate and consult with an Indian child's tribe to ensure that plans of safe care are developed in a culturally responsive manner for each child; (5) identification of appropriate agencies to be included as supports and services in the plan of safe care, based on an assessment of the needs of the child and the child's relatives, parents, guardians, custodians or caretakers, performed by a discharge planner prior to the child's discharge from the hospital or birthing center, which: (a) shall include: 1) home visitation programs or early intervention family infant toddler programs; and 2) substance use disorder prevention and treatment providers; and (b) may include: 1) public health agencies; 2) maternal and child health agencies; 3) mental health providers; 4) infant mental health providers; 5) public and private children and youth agencies; 6) early intervention and developmental services; 7) courts; 8) local education agencies; 9) managed care organizations; or 10) hospitals and medical providers; (6) information that shall be in a written plan of safe care, including: (a) the child's name; (b) an emergency contact for at least one of the child's parents, relatives, guardians, custodians or caretakers; (c) the address for the parent, relative, guardian, custodian or caretaker who will be taking the child home from the birthing facility; and (d) the names of the parents, relatives, guardians, custodians or caretakers who will be living with the child; (7) engagement of the child's relatives, parents, guardians, custodians or caretakers in order to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development and well-being of the child; and (8) implementation of plans of safe care that shall include requirements for care coordinators to: (a) actively work with pregnant persons or a substance-exposed child's parents, relatives, guardians, family members or caretakers to refer and connect the pregnant person or substance-exposed child's parents, relatives, guardians, family members or caretakers to necessary services. Care coordinators shall use an evidence-based intensive care coordination model that is listed in the federal Title IV-E prevention services clearinghouse or another nationally recognized evidence-based clearinghouse for child welfare; and (b) attempt to make contact with persons who are not following the plan of safe care using multiple methods, including in person, by mail, by phone call or by text message. If a pregnant person or a substance-exposed child's parents, relatives, guardians, family members or caretakers are not following the plan of safe care, care coordinators shall make attempts to contact and provide support services to persons who are not following the plan of safe care. C. Reports made pursuant to Paragraph (3) of Subsection B of this section shall be collected by the department as distinct and separate from any child abuse report as captured and held or investigated by the department, such that the reporting of a plan of safe care shall not constitute a report of suspected child abuse and neglect and shall not initiate investigation by the department or a report to law enforcement. D. The department shall summarize and report data received pursuant to Paragraph (3) of Subsection B of this section at intervals as needed to meet federal regulations. E. The health care authority shall provide an annual report to the legislative finance committee, the interim legislative health and human services committee and the department of finance and administration on the status of the plan of safe care system. The report shall include the following aggregate statistical information related to the creation of plans of safe care: (1) the primary substances that infants were exposed to; (2) the services that infants and families were referred to; (3) the availability and uptake rate of services; (4) whether an infant or an infant's family was subsequently reported to the children, youth and families department; and (5) disaggregated demographic and geographic data. F. Reports made pursuant to the requirements in this section shall not be construed to relieve a person of the requirement to report to the department knowledge of or a reasonable suspicion that a child is an abused or neglected child based on criteria as defined by Section 32A-4-2 NMSA 1978. G. The health care authority shall create and distribute training materials to support and educate discharge planners or social workers on the following: (1) how to assess whether to make a referral to the department pursuant to the Abuse and Neglect Act [Chapter 32A, Article 4 NMSA 1978]; (2) how to assess whether to make a notification to the department pursuant to Subsection B of Section 32A-4-3 NMSA 1978 for a child who has been diagnosed as affected by substance abuse, withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder; (3) how to assess whether to create a plan of safe care when a referral to the department is not required; and (4) the creation and deployment of a plan of safe care. H. A person shall not have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of Subsection G of this section or resulting from any training, or lack thereof, required by Subsection G of this section. I. The training, or lack thereof, required by the provisions of Subsection G of this section shall not be construed to impose any specific duty of care. Laws 2019, ch. 190, § 3; 2025, ch. 156, § 5.

NMSA 1978, § 32A-3A-14 Notification to the department of noncompliance with a plan of safe care

32A-3A-14. Notification to the department of noncompliance with a plan of safe care A. If the parents, relatives, guardians, custodians or caretakers of a child released from a hospital or freestanding birthing center pursuant to a plan of safe care fail to comply with that plan, the health care authority, a medicaid managed care organization insurance plan care coordinator or a care coordinator contracted with the health care authority shall notify the department within twenty-four hours of the failure to comply and the department shall conduct a family assessment. Based on the results of the family assessment, the department may offer or provide referrals for counseling, training, or other services aimed at addressing the underlying causative factors that may jeopardize the safety or well-being of the child. The child's parents, relatives, guardians, custodians or caretakers may choose to accept or decline any service or program offered subsequent to the family assessment; provided that if the child's parents, relatives, guardians, custodians or caretakers decline those services or programs, and the department determines that those services or programs are necessary to address concerns of imminent harm to the child, the department shall proceed with an investigation. B. As used in this section, "family assessment" means a comprehensive assessment prepared by the department at the time the department receives notification of failure to comply with the plan of safe care to determine the needs of a child and the child's parents, relatives, guardians, custodians or caretakers, including an assessment of the likelihood of: (1) imminent danger to a child's well-being; (2) the child becoming an abused child or neglected child; and (3) the strengths and needs of the child's family members, including parents, relatives, guardians, custodians or caretakers, with respect to providing for the health and safety of the child. Laws 2019, ch. 190, § 4; 2025, ch. 156, § 6.

NMSA 1978, § 32A-3A-16 Confidentiality

32A-3A-16. Confidentiality A. All records or information, whether on file with the court, an agency, the department, an attorney or other provider of professional services, concerning a party to a voluntary placement proceeding shall be confidential and closed to the public. B. The disclosure of all mental health and developmental disability records shall be made pursuant to the Children's Mental Health and Developmental Disabilities Act [32A-6A-1 to 32A-6A-30 NMSA 1978]. C. The records described in Subsection A of this section, other than mental health and developmental disability records, shall be disclosed only to the parties and: (1) court personnel and persons or entities authorized by contract with the court to review, inspect or otherwise have access to records or information in the court's possession; (2) the attorney, including a public defender, representing the child in any child proceeding pursuant to the Children's Code; (3) department personnel and persons or entities authorized by contract with the department to review, inspect or otherwise have access to records or information in the department's possession; (4) law enforcement officials, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978; (5) district attorneys, except when use immunity is granted pursuant to Section 32A-4-11 NMSA 1978; (6) any state government social services agency in any state or, when in the opinion of the department it is in the best interest of the child, a governmental social services agency of another country; (7) a foster parent, if the records are those of a child currently placed with that foster parent or of a child being considered for placement with that foster parent and the records concern the cultural, social, medical, psychological or educational needs of the child; (8) school personnel involved with the child if the records concern the child's cultural, social or educational needs; (9) a grandparent, parent of a sibling, relative or fictive kin, if the records or information pertain to a child being considered for placement with that grandparent, parent of a sibling, relative or fictive kin and the records or information concern the cultural, social, medical, psychological or educational needs of the child; (10) health care or mental health professionals involved in the evaluation or treatment of the child or of the child's parents, guardian, custodian or other family members; (11) protection and advocacy representatives pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act and the federal Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991; (12) children's safehouse organizations conducting investigatory interviews of children on behalf of a law enforcement agency or the department; (13) representatives of the federal government or their contractors authorized by federal statute or regulation to review, inspect, audit or otherwise have access to records and information pertaining to neglect or abuse proceedings; (14) any person or entity attending a meeting arranged by the department to discuss the safety, well-being and permanency of a child when the parent, guardian or child over the age of fourteen years has consented to the disclosures occurring during the meeting; and (15) any other person or entity, by order of the court, having a legitimate interest in the case or the work of the court. D. Whoever intentionally and unlawfully releases any information or records closed to the public pursuant to the Voluntary Placement and Family Services Act or releases or makes other unlawful use of records in violation of that act is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. E. The department shall promulgate rules for implementing disclosure of records pursuant to this section and in compliance with state and federal law and the Children's Court Rules. Laws 2023, ch. 90, § 10.

NMSA 1978, § 32A-3A-17 Conduct of hearings

32A-3A-17. Conduct of hearings A. All hearings held pursuant to the Voluntary Placement and Family Services Act shall be closed to the general public. B. Only the parties to a proceeding, their counsel and other persons approved by the court may be present at a closed hearing. Other persons the court finds to have a proper interest in the case or in the work of the court may be admitted by the court to closed hearings on the condition they refrain from divulging any information that would identify the child or family involved in the proceedings. Laws 2023, ch. 90, § 11.

NMSA 1978, § 32A-3A-18 Voluntary placement; placement

32A-3A-18. Voluntary placement; placement A. If the department accepts legal custody of a child, the child shall be placed in the least restrictive setting that most closely approximates a family in which the child's special needs, if any, may be met. The child shall be placed within reasonable proximity to the child's home, taking into account any special needs of the child. Preference shall be given to placement with: (1) a relative of the child; (2) a licensed foster home or any home authorized by law for the provision of foster care or group care or use as a protective residence; (3) a facility operated by a licensed child welfare services agency; or (4) a facility provided for in the Children's Shelter Care Act. B. The department shall provide the child with shelter in an appropriate facility, pursuant to the provisions of Section 32A-3B-6 NMSA 1978, that is located as close as possible to the child's residence. The child shall not be held in a jail or other facility intended or used for the incarceration of adults charged or convicted of criminal offenses or a facility for the detention of children alleged to be or adjudicated as delinquent children. C. If the child is placed in an evaluation facility or out-of-home treatment or rehabilitation program, the child shall be admitted pursuant to the provisions of Sections 32A-6A-19 through 32A-6A-22 NMSA 1978. D. The department shall make reasonable efforts to place siblings in custody by court order or voluntary placement agreement together, unless such joint placement would be contrary to the safety or well-being of any of the siblings in custody, and whether any siblings not jointly placed have been provided reasonable visitation or other ongoing interaction, unless visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings. Laws 2023, ch. 90, § 12.

NMSA 1978, § 32A-3A-19 Financial subsidies; eligibility

32A-3A-19. Financial subsidies; eligibility A. 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. Laws 2023, ch. 90, § 13.

NMSA 1978, § 32A-3A-20 Financial subsidies; nonrecurring expenses

32A-3A-20. Financial subsidies; nonrecurring expenses Nonrecurring expenses incurred by a prospective guardian associated with establishing a subsidized guardianship may be reimbursed for each eligible child, up to an amount established by the department, and also for any of an eligible child's siblings. Laws 2023, ch. 90, § 14.

NMSA 1978, § 32A-3A-21 Financial subsidies; guardianship assistance agreement

32A-3A-21. Financial subsidies; guardianship assistance agreement A. In order for a prospective guardian to receive guardianship assistance payments, the department shall negotiate and enter into a written guardianship assistance agreement before the guardianship is finalized with the prospective 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 the prospective guardian will be eligible; (3) a procedure by which the prospective guardian may apply for additional services; (4) the responsibility of the prospective guardian to report changes in the needs of the child or the circumstances of the prospective guardian that affect guardianship assistance payments; (5) reasonable and verified nonrecurring expenses associated with establishing a subsidized guardianship pursuant to the provisions of Section 14 of this 2023 act; 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 prospective guardian and to the department. Laws 2023, ch. 90, § 15.

NMSA 1978, § 32A-3A-22 Financial subsidies; successor guardians

32A-3A-22. Financial subsidies; successor guardians A. In order for a successor guardian to be eligible for guardianship assistance payments if the successor guardian serves as guardian in the event the guardian dies or is incapacitated, the successor guardian shall be named in the guardianship assistance agreement and any amendments thereto. B. The department may pay the cost of nonrecurring expenses associated with the successor guardian obtaining a subsidized guardianship of the child, up to an amount established by the department. C. 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. Laws 2023, ch. 90, § 16.

NMSA 1978, § 32A-3A-23 Financial subsidies; discontinuance of guardianship assistance payments

32A-3A-23. Financial subsidies; discontinuance of guardianship assistance payments A. The department shall immediately discontinue guardianship assistance payments when the department is advised or determines a child or guardian no longer meets the criteria to be eligible for guardianship assistance payments. B. The department shall notify the guardian in writing of a discontinuation of guardianship assistance payments and the reasons for discontinuation. C. The discontinuance of guardianship assistance payments does not terminate a guardianship or a guardian's legal responsibility that has been established by a court. Laws 2023, ch. 90, § 17.

NMSA 1978, § 32A-3A-24 Financial subsidies; administrative appeal of decisions

32A-3A-24. Financial subsidies; administrative appeal of decisions A child or prospective guardian may appeal a decision by the department to establish, deny, reduce or discontinue guardianship assistance payments within thirty days of the department's decision. Laws 2023, ch. 90, § 18.

NMSA 1978, § 32A-3A-25 Department duties; rulemaking

32A-3A-25. Department duties; rulemaking The department shall promulgate rules as necessary to implement the provisions of the Voluntary Placement and Family Services Act. Laws 2023, ch. 90, § 19.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18532/index.doFetched: 10/20/2026