As used in the Voluntary Placement and Family Services Act: A. “child or family in need of family services” means a family:

Terms Used In New Mexico Statutes 32A-3A-2

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(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;

(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;

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. “subsidized guardianship” means a guardianship that meets subsidy eligibility criteria pursuant to the Voluntary Placement and Family Services Act; and

I. “voluntary placement agreement” means a written agreement between the department and the parent or guardian of a child.