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. History: 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.