32A-32-3. Child care assistance program; eligibility requirements.

592 words·~3 min read·/nm/chapter-32a-children-s-code/article-32-child-care-assistance-program/32a-32-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The "child care assistance program" is created in the department to provide child care assistance for eligible children, subject to appropriation. The department shall promulgate rules necessary to carry out the provisions of the program.

B. To participate in the child care assistance program, an application shall be submitted to the department in the manner and form prescribed by the department and shall align with applicable federal regulations. Subject to the provisions of Subsection C of this section, a person is eligible for child care assistance if an application is submitted on behalf of a resident child receiving child care assistance who is under the age of thirteen years at the time of application, or under the age of nineteen years if the child is physically or mentally incapable of caring for the child's self or is under court supervision.

The department shall redetermine eligibility for child care assistance at a frequency level aligned with federal regulation.

C. To be eligible to participate in the child care assistance program, each parent or legal guardian of a child receiving child care assistance who lives in the household with the child shall be:

(1)employed;

(2)a full-time student and enrolled in at least twelve credit hours at an accredited educational institution;

(3)a part-time student and enrolled in at least six credit hours at an accredited educational institution;

(4)enrolled in a state-approved job training program, registered apprenticeship program or pre-apprenticeship program;

(5)receiving aid from the federal temporary assistance for needy families program;

(6)experiencing homelessness;

(7)under the age of twenty-one and attending primary or secondary school;

(8)participating in services pursuant to the federal Comprehensive Addiction and Recovery Act of 2016 provided by the children, youth and families department;

(9)a grandparent raising the grandparent's grandchild;

(10)a foster parent; or

(11)engaged in an eligible activity or exempted from the eligible activity for a reason, including incapacitation, as determined by department rule and in accordance with federal regulations.

D. If a parent or legal guardian who applies for child care assistance has an annual household income greater than six hundred percent of the federal poverty level, the eligibility for child care assistance shall be limited to the hours of care supported by the parent's or legal guardian's qualifying activity schedule.

E. Eligibility may be granted for up to ninety days for applicants seeking employment.

F. An application to the department shall include documentation evidencing that the applicant meets the requirements to be eligible to participate in the child care assistance program and shall include documentation of earned and unearned income. To determine residency in New Mexico, the applicant shall provide a current New Mexico driver's license or other documentation proving residence in New Mexico as determined by department rule; provided that for a federally eligible applicant, the applicant's residency determination shall align with applicable federal regulations.

G. Unless determined necessary by the department, a child shall not be eligible for child care assistance for the hours of care in which the child is enrolled in a head start program, an early head start program, an early pre-kindergarten program or a pre- kindergarten program.

H. The department may make a presumption of eligibility for the child care assistance program based on proof of the child's residency and proof of parentage or guardianship before the documentation required pursuant to Subsection C of this section is received. Presumption of eligibility shall not exceed the allowable duration permitted by the federal government upon initial application.

History: Laws 2026, ch. 63, § 4.