Bill > HB364

This bill establishes a comprehensive framework for the Children, Youth and Families Department (CYFD) to manage federal benefits for children in its legal custody. The bill requires CYFD to determine federal benefits eligibility within 60 days of a child entering state custody and annually thereafter, and to either apply for benefits or help identify an appropriate representative payee (a person appointed to manage federal benefits for a child). If no other suitable candidate exists, CYFD can serve as the representative payee, with strict obligations including establishing an appropriate account for the child's benefits, prioritizing the child's current and future needs, avoiding overpayments, and providing annual accounting to the child and relevant parties. The bill explicitly prohibits CYFD from using these federal benefits to pay for the child's basic care costs, though benefits can be used for unmet needs beyond standard care. When CYFD's legal custody ends, any remaining benefits must be released to the child (if 18 or emancipated) or to the child's parent/guardian. Starting in September 2026, CYFD must submit an annual report to the legislative health and human services committee detailing the number of children receiving benefits, benefit types, conservation methods, and amounts used and saved.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=364&year=25