NM
New Mexico House Bill HB252

New Mexico 2025 Regular Session

New Mexico House Bill HB252 Compare Versions

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1-HB 252/a/ec
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28+HOUSE BILL 252
29+57
30+TH LEGISLATURE
31+-
32+
33+STATE
34+
35+OF
36+
37+NEW
38+
39+MEXICO
40+
41+-
42+ FIRST SESSION
43+,
44+
45+2025
46+INTRODUCED BY
47+Susan K. Herrera and Michelle Paulene Abeyta
48+and Javier Martínez and D. Wonda Johnson and Kristina Ortez
2849 AN ACT
29-RELATING TO CHILDREN; AMENDING THE AGING AND LONG-TERM
30-SERVICES DEPARTMENT ACT TO CREATE THE KINSHIP CAREGIVER
31-SUPPORT PILOT PROGRAM; PROVIDING PILOT PROGRAM PARTICIPATION
32-REQUIREMENTS; PROVIDING DUTIES; DECLARING AN EMERGENCY.
50+RELATING TO CHILDREN; AMENDING THE AGING AND LONG-TERM SERVICES
51+DEPARTMENT ACT TO CREATE THE KINSHIP CAREGIVER SUPPORT PILOT
52+PROGRAM; PROVIDING PILOT PROGRAM PARTICIPATION REQUIREMENTS;
53+PROVIDING DUTIES; MAKING AN APPROPRIATION; DECLARING AN
54+EMERGENCY.
3355 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3456 SECTION 1. A new section of the Aging and Long-Term
3557 Services Department Act is enacted to read:
36-"PILOT PROGRAM CREATED--PURPOSE--DEPARTMENT
58+"[NEW MATERIAL] PILOT PROGRAM CREATED--PURPOSE--DEPARTMENT
3759 DEVELOPMENT--ELIGIBILITY--REQUIREMENTS--ADMINISTRATION.--
3860 A. As used in this section:
3961 (1) "fictive kin" means a person not related
40-by birth, adoption, marriage or legal guardianship with whom
41-a child has an emotionally significant relationship;
42-(2) "grandparent" means a biological or
43-adoptive parent of a minor child's biological or adoptive
44-parent and includes a person married to a grandparent;
45-(3) "kinship caregiver" means a grandparent,
46-next-of-kin or fictive kin who is raising and supporting a
47-child;
48-(4) "next-of-kin" means a relative of a
49-child, other than a parent or grandparent, who is raising and
50-supporting a child;
51-(5) "participant" means a kinship caregiver HB 252/a/ec
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62+by birth, adoption, marriage or legal guardianship with whom a
63+child has an emotionally significant relationship;
64+.229418.3 underscored material = new
65+[bracketed material] = delete
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78-for a child in this state who is a New Mexico resident and
79-who participates in the pilot program;
91+(2) "grandparent" means a biological or
92+adoptive parent of a minor child's biological or adoptive
93+parent and includes a person married to a grandparent;
94+(3) "kinship caregiver" means a grandparent,
95+next-of-kin or fictive kin who is raising and supporting a
96+child;
97+(4) "next-of-kin" means a relative of a child,
98+other than a parent or grandparent, who is raising and
99+supporting a child;
100+(5) "participant" means a kinship caregiver
101+for a child in this state who is a New Mexico resident and who
102+participates in the pilot program;
80103 (6) "pilot program" means the kinship
81104 caregiver support pilot program; and
82105 (7) "program partner" means a community
83106 organization, nonprofit or area foundation in this state that
84107 collaborates and partners with the department in the
85108 administration of the pilot program.
86-B. The "kinship caregiver support pilot program"
87-is created within the department as a three-year pilot
88-program. The purpose of the pilot program is to:
89-(1) develop and implement the pilot program
90-within five to seven counties in the state and serve fifty
91-participants in each of the communities; and
92-(2) improve the lives of children by
93-referring participants to a program partner's monthly
94-economic support program and providing access to services or
95-referrals to help participants and the children cared for and
96-supported by those participants.
97-C. In establishing the pilot program provided in
98-this section, the department, in collaboration with the
99-program partners, shall:
100-(1) develop and implement processes and
101-eligibility criteria for kinship caregivers to apply to, and
102-become participants in, the pilot program. Criteria for HB 252/a/ec
103-Page 3
109+B. The "kinship caregiver support pilot program" is
110+created within the department as a three-year pilot program.
111+The purpose of the pilot program is to:
112+(1) develop and implement the pilot program in
113+communities located within the counties of Rio Arriba, Santa
114+Fe, Taos, McKinley and Dona Ana and serve fifty participants in
115+each of the communities; and
116+.229418.3
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144+(2) improve the lives of children by referring
145+participants to a program partner's monthly economic support
146+program and providing access to services or referrals to help
147+participants and the children cared for and supported by those
148+participants.
149+C. In establishing the pilot program provided in
150+this section, the department, in collaboration with the program
151+partners, shall:
152+(1) develop and implement processes and
153+eligibility criteria for kinship caregivers to apply to, and
154+become participants in, the pilot program. Criteria for
129155 consideration shall include a kinship caregiver's current
130156 household income and the needs of the child or children that
131157 are or will be cared for and supported by the kinship
132158 caregiver;
133159 (2) determine and establish processes
134160 necessary to implement and administer the pilot program;
135-(3) identify and coordinate access to
136-federal, state and local programs and to services and
137-referrals for participants, including legal representation,
138-public assistance and economic support services administered
139-by program partners;
161+(3) identify and coordinate access to federal,
162+state and local programs and to services and referrals for
163+participants, including legal representation, public assistance
164+and economic support services administered by program partners;
140165 (4) determine the requirements necessary to
141166 use federal assistance or resources, including Title IV-E of
142167 the federal Social Security Act funds, if available;
143-(5) engage with other community
144-organizations and nonprofit organizations and area
145-foundations to identify the availability for additional
146-resources and funds to provide economic support for
147-participants;
148-(6) develop and approve a budget for:
149-(a) salaries and benefits for staff to
150-assist participants in applying for participation in the
151-pilot program and in accessing additional services available
152-to participants;
153-(b) legal assistance provided to HB 252/a/ec
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168+(5) engage with other community organizations
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197+and nonprofit organizations and area foundations to identify
198+the availability for additional resources and funds to provide
199+economic support for participants;
200+(6) develop and approve a budget for:
201+(a) salaries and benefits for staff to
202+assist participants in applying for participation in the pilot
203+program and in accessing additional services available to
204+participants;
205+(b) legal assistance provided to
180206 participants who may wish to attain legal custody or kinship
181207 guardianship of one or more children; and
182208 (c) other costs to the department
183209 necessary for the administration of the pilot program;
184210 (7) administer the pilot program and
185-collaborate with, and receive technical assistance from,
186-other state agencies, including the early childhood education
187-and care department and any appropriate community or
188-nonprofit organizations;
189-(8) no later than June 1, 2025, promulgate
190-and adopt rules for the administration of the pilot program;
191-and
211+collaborate with, and receive technical assistance from, other
212+state agencies, including the early childhood education and
213+care department and any appropriate community or nonprofit
214+organizations;
215+(8) no later than June 1, 2025, promulgate and
216+adopt rules for the administration of the pilot program; and
192217 (9) by December 1, 2025 and by December 1 of
193218 each subsequent calendar year, and in consultation with the
194219 early childhood education and care department and any other
195220 appropriate state agency, provide a report to the legislative
196221 finance committee assessing the impact and outcomes of the
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197250 pilot program and providing department recommendations."
198-SECTION 2. EMERGENCY.--It is necessary for the public
199-peace, health and safety that this act take effect
200-immediately.
251+SECTION 2. APPROPRIATION.--Four million five hundred
252+thousand dollars ($4,500,000) is appropriated from the general
253+fund to the aging and long-term services department for
254+expenditure in fiscal years 2026 through 2028 to carry out the
255+provisions of this act. Any unexpended or unencumbered balance
256+remaining at the end of fiscal year 2028 shall revert to the
257+general fund.
258+SECTION 3. EMERGENCY.--It is necessary for the public
259+peace, health and safety that this act take effect immediately.
260+- 5 -
261+.229418.3