HB 252/a/ec
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AN ACT
RELATING TO CHILDREN; AMENDING THE AGING AND LONG-TERM
SERVICES DEPARTMENT ACT TO CREATE THE KINSHIP CAREGIVER
SUPPORT PILOT PROGRAM; PROVIDING PILOT PROGRAM PARTICIPATION
REQUIREMENTS; PROVIDING DUTIES; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Aging and Long-Term
Services Department Act is enacted to read:
"PILOT PROGRAM CREATED--PURPOSE--DEPARTMENT
DEVELOPMENT--ELIGIBILITY--REQUIREMENTS--ADMINISTRATION.--
A. As used in this section:
(1) "fictive kin" means a person not related
by birth, adoption, marriage or legal guardianship with whom
a child has an emotionally significant relationship;
(2) "grandparent" means a biological or
adoptive parent of a minor child's biological or adoptive
parent and includes a person married to a grandparent;
(3) "kinship caregiver" means a grandparent,
next-of-kin or fictive kin who is raising and supporting a
child;
(4) "next-of-kin" means a relative of a
child, other than a parent or grandparent, who is raising and
supporting a child;
(5) "participant" means a kinship caregiver HB 252/a/ec
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for a child in this state who is a New Mexico resident and
who participates in the pilot program;
(6) "pilot program" means the kinship
caregiver support pilot program; and
(7) "program partner" means a community
organization, nonprofit or area foundation in this state that
collaborates and partners with the department in the
administration of the pilot program.
B. The "kinship caregiver support pilot program"
is created within the department as a three-year pilot
program. The purpose of the pilot program is to:
(1) develop and implement the pilot program
within five to seven counties in the state and serve fifty
participants in each of the communities; and
(2) improve the lives of children by
referring participants to a program partner's monthly
economic support program and providing access to services or
referrals to help participants and the children cared for and
supported by those participants.
C. In establishing the pilot program provided in
this section, the department, in collaboration with the
program partners, shall:
(1) develop and implement processes and
eligibility criteria for kinship caregivers to apply to, and
become participants in, the pilot program. Criteria for HB 252/a/ec
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consideration shall include a kinship caregiver's current
household income and the needs of the child or children that
are or will be cared for and supported by the kinship
caregiver;
(2) determine and establish processes
necessary to implement and administer the pilot program;
(3) identify and coordinate access to
federal, state and local programs and to services and
referrals for participants, including legal representation,
public assistance and economic support services administered
by program partners;
(4) determine the requirements necessary to
use federal assistance or resources, including Title IV-E of
the federal Social Security Act funds, if available;
(5) engage with other community
organizations and nonprofit organizations and area
foundations to identify the availability for additional
resources and funds to provide economic support for
participants;
(6) develop and approve a budget for:
(a) salaries and benefits for staff to
assist participants in applying for participation in the
pilot program and in accessing additional services available
to participants;
(b) legal assistance provided to HB 252/a/ec
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participants who may wish to attain legal custody or kinship
guardianship of one or more children; and
(c) other costs to the department
necessary for the administration of the pilot program;
(7) administer the pilot program and
collaborate with, and receive technical assistance from,
other state agencies, including the early childhood education
and care department and any appropriate community or
nonprofit organizations;
(8) no later than June 1, 2025, promulgate
and adopt rules for the administration of the pilot program;
and
(9) by December 1, 2025 and by December 1 of
each subsequent calendar year, and in consultation with the
early childhood education and care department and any other
appropriate state agency, provide a report to the legislative
finance committee assessing the impact and outcomes of the
pilot program and providing department recommendations."
SECTION 2. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect
immediately.