Grandparents Raising Grandchildren in New Mexico

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Voice: Plain, honest, practical. No false comfort. No condescension. She made a choice. Honor it and give her what she needs.

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Grandparents Raising Grandchildren in New Mexico | InmateAid

New Mexico has about 40,000 children in kinship care. According to 2024 estimates, the number of children being raised by grandparents, aunts, uncles, and other relatives in New Mexico grew by 10,000 between 2017 and 2024 -- a rate well above the national average. About 26% of grandparents raising grandchildren in New Mexico live in poverty.

The state has been paying attention.

In April 2025, Governor Michelle Lujan Grisham signed the **Kinship Caregiver Support Pilot Program** into law. The three-year program, with a $4.5 million general fund appropriation, will help at least 250 families across five to seven counties with legal services, public assistance navigation, and economic support. Starting in January 2026, the program provides $500 per month to kinship caregivers in pilot counties -- funded in part by private donors.

New Mexico also has a **free Guardianship Legal Helpline** available statewide: **505-217-1660** or toll-free **1-833-355-6944**. It operates in English, Spanish, and Navajo. It is available to any kinship caregiver in the state navigating the guardianship process.

One thing worth knowing about how New Mexico has structured its kinship support: the Kinship Caregiver Pilot Program was placed under the **Aging and Long-Term Services Department (ALTSD)** rather than the Children, Youth and Families Department (CYFD). The reason given by the legislators who sponsored the bill: grandparents are more comfortable with senior centers, and many families have a negative perception of CYFD based on prior experience or cultural context. The system was designed to meet families where they are.

You did not plan for this. You raised your children. You got to the other side of it. And then your child was incarcerated and the grandchildren needed somewhere to go. You said yes.

This article covers what New Mexico offers you and what to do first.

The Decision You Already Made

You already made the hardest decision. The grandchildren are with you. Everything else in this article is about making that workable.

A few things to understand about your position in New Mexico right now:

If you are caring for grandchildren without CYFD involvement, CYFD's Kinship Guardianship Program provides free services regardless -- including the Guardianship Legal Helpline and connection to Fostering Family services statewide. You do not have to be in the child welfare system to access these.

If you are in one of the pilot counties (Rio Arriba, Santa Fe, Taos, McKinley, Doña Ana) and are NOT receiving CYFD financial support: you may qualify for the Kinship Caregiver Pilot Program. Contact your local Area Agency on Aging or ALTSD.

If CYFD placed the grandchildren with you, your CYFD worker is your primary contact. Ask about kinship licensing, foster care payments, and kinship legal guardianship.

For benefits (TANF, Medicaid, SNAP, LIHEAP): apply at YES New Mexico (yes.state.nm.us).

Call the Guardianship Legal Helpline first if you need legal guidance: 1-833-355-6944.

The Kinship Caregiver Pilot Program (2025)

Governor Lujan Grisham signed the Kinship Caregiver Support Pilot Program into law in April 2025. Key features:

- Three-year pilot; $4.5 million state general fund appropriation

- Counties: Rio Arriba, Santa Fe, Taos, McKinley, and Doña Ana (with potential expansion)

- At least 250 families assisted across these counties

- Services: legal services, public assistance navigation, and economic support

- Starting January 2026: **$500 per month** to kinship caregivers in Rio Arriba and San Juan Counties (privately funded)

- Administered through **ALTSD** (Aging and Long-Term Services Department), not CYFD

**Eligibility:**

- Grandparents, next-of-kin, or fictive kin (close family friends) raising children

- Voluntary participation

- NOT currently receiving CYFD financial support

- Proof of kinship relationship required

- Immigration status is NOT a factor in eligibility

If you are in a pilot county and meet these criteria, contact your local Area Agency on Aging or aging.nm.gov for program information.

This program is specifically designed for families who have been navigating this alone -- who said yes when the children needed somewhere to go and then found that the system was not built for them.

Legal Authority: What It Is and How to Get It in New Mexico

**Guardianship (New Mexico District Court)**

Guardianship through New Mexico district court is the primary long-term legal pathway for grandparents not in the CYFD system. The New Mexico Kinship Guardianship Act establishes the framework.

New Mexico has multiple free and low-cost legal resources for kinship guardianship:

**Guardianship Legal Helpline**

505-217-1660 or toll-free 1-833-355-6944

English, Spanish, and Navajo

Operated by Pegasus Legal Services for Children; assists with all kinship guardianship questions including contested cases.

**Pegasus Legal Services for Children**

Specializes in assisting grandparents and kinship caregivers obtain guardianship, especially in contested situations. Includes services for tribal families. Intake through the Guardianship Legal Helpline.

**New Mexico Legal Aid**

CYFD contracts with New Mexico Legal Aid to provide kinship legal services statewide. Also published the Kinship Caregiver Legal Guide and Kinship Guardianship Legal Documents Packet (including POA and Caregiver's Affidavit). Available for download at the CYFD Kinship Guardianship Program page (cyfd.nm.gov).

**Advocacy, Inc. -- New Mexico Guardianship Project**

Serves children and youth birth to 18 with grandparents and family caretakers. Provides information and referral for guardianship and adoption; downloadable forms (POA, Caregiver's Affidavit); legal representation in **uncontested** guardianship and adoption cases on a sliding scale. nmadvocacy.org.

**Caregiver's Affidavit**

New Mexico allows a Caregiver's Affidavit -- a form that grandparents and relative caregivers can use to establish authority for certain decisions for the child, including school enrollment and some medical decisions. Available for download from the CYFD Kinship Guardianship Program and Advocacy, Inc. This is a faster intermediate step than full guardianship.

**Power of Attorney**

A notarized parental POA from the incarcerated parent covers additional medical and educational decisions. NMDOC facilities have notary services -- contact the facility case manager. The POA form is also available from New Mexico Legal Aid's Kinship Guardianship Documents Packet.

**CYFD Kinship Guardianship (Foster Care Cases)**

If CYFD placed the grandchildren, ask your CYFD worker about kinship legal guardianship through the state's subsidized guardianship process. Contact CYFD: cyfd.nm.gov.

**Adoption**

Adoption permanently terminates the biological parent's parental rights. The Guardianship Legal Helpline can advise on whether guardianship or adoption is more appropriate for your situation.

Money: What New Mexico Offers Kinship Caregivers

**TANF Child-Only Grant**

TANF provides cash assistance to families with children. For child-only grants, the grandparent's income is not counted. Apply through YES New Mexico at yes.state.nm.us.

**New Mexico Medicaid**

Children in kinship care are generally eligible for New Mexico Medicaid based on income. Apply through YES New Mexico (yes.state.nm.us). Medicaid covers doctor visits, dental, prescriptions, mental health services, emergency care, and vision.

**SNAP (Food Assistance)**

Apply through YES New Mexico. The grandchildren's presence increases your household food benefit.

**LIHEAP / LIHWAP (Utility Assistance)**

Energy and water utility assistance is also available through YES New Mexico. If utility costs are a burden with the grandchildren in the home, apply.

**Kinship Caregiver Pilot Program ($500/month)**

Starting January 2026, the pilot program provides $500 per month to qualifying kinship caregivers in the initial pilot counties (Rio Arriba and San Juan Counties for the privately funded portion). Legal services and benefits navigation are also part of the program in all five pilot counties. Contact ALTSD at aging.nm.gov for current availability and enrollment.

**Social Security**

If the incarcerated parent was working before arrest, the grandchildren may be eligible for Social Security dependent benefits. Call 1-800-772-1213. SSI may be available for grandchildren with disabilities.

New Mexico's Kinship Resources

**CYFD New Mexico Kinship Guardianship Program**

cyfd.nm.gov/new-mexico-kinship-guardianship-program/

Free and comprehensive services for kinship caregivers anywhere in NM regardless of CYFD involvement. Includes training, support groups, the Guardianship Legal Helpline, and connection to legal services.

**Fostering Family** (Southwest Family Guidance Center, in collaboration with CYFD)

A coordinated and comprehensive array of services for kinship caregivers anywhere in New Mexico. Contact through CYFD or sharenm.org.

**SHARE New Mexico**

sharenm.org

Statewide online searchable resource directory for families and service providers. Search by need and location to find kinship resources, food assistance, housing support, and more.

**YES New Mexico**

yes.state.nm.us

Apply for TANF, Medicaid, SNAP, LIHEAP, and LIHWAP online.

**Aging and Disability Resource Center (ADRC)**

Through ALTSD; assists elders, people with disabilities, and caregivers statewide in finding services. aging.nm.gov.

**Las Cumbres Community Services**

Sponsors the Grandparents Raising Grandchildren Program in Española (Rio Arriba County). Support, resources, and discussion topics for grandparent caregivers in northern New Mexico.

**Legal Resources for the Elderly Program (LREP)**

Information and referral for grandparents age 55 and older.

**2-1-1 New Mexico**

Dial 2-1-1. Statewide information and referral.

New Mexico's Tribal and Cultural Context

New Mexico is home to 23 pueblos and tribes: the 19 New Mexico pueblos, the Navajo Nation (which also spans Arizona and Utah), Jicarilla Apache, Mescalero Apache, Zuni Pueblo, and Fort Sill Apache. Tribal sovereignty means each nation has its own legal and social services structure.

The Guardianship Legal Helpline (1-833-355-6944) is available in Navajo as well as English and Spanish. Pegasus Legal Services specifically includes services for tribal families. This is the only state in this series where Navajo-language legal help is named on the state kinship program page.

For grandparents who are members of a tribe or whose grandchildren are enrolled tribal members, ICWA (Indian Child Welfare Act) applies in child welfare proceedings. ICWA provides specific placement preferences for tribal children and requires tribal notification. Contact your tribal social services department and CYFD's Indian Country liaison.

The Kinship Caregiver Pilot Program's placement in McKinley County (Gallup, gateway to the Navajo Nation) and Rio Arriba County (northern New Mexico, with significant Native communities) reflects specific attention to the families most likely to be navigating these resources with less access to urban support systems.

The School Question

With a guardianship order, Caregiver's Affidavit, or POA, school enrollment in New Mexico is manageable.

Without legal authority, use the federal McKinney-Vento Homeless Assistance Act. Schools must immediately enroll children who lack stable housing documentation, including children living with relatives due to a parent's incarceration. Ask the school district's McKinney-Vento liaison.

For children with IEPs, you will need legal authority or a signed parental authorization from the incarcerated parent to participate in planning meetings. NMDOC facilities have notary services -- contact the facility case manager. The Kinship Caregiver Legal Guide from New Mexico Legal Aid explains this process in detail.

Medical Authorization Before Court Paperwork Is Done

Use the Caregiver's Affidavit where available (downloadable from CYFD and Advocacy, Inc.). This allows relative caregivers to make some medical decisions.

Get a notarized parental POA from the incarcerated parent through NMDOC notary services. The POA form is available in the New Mexico Legal Aid Kinship Guardianship Documents Packet at cyfd.nm.gov.

Apply for New Mexico Medicaid at yes.state.nm.us. Medicaid enrollment does not require legal authority.

What She Is Carrying That He Cannot See

You did not plan for this stage of your life. The grandchildren arrived and with them came school forms, doctor appointments, someone to be home, someone to sit with a child who is afraid.

You are also carrying your feelings about your child who is incarcerated. Those feelings do not have to resolve. You can love your child and be furious. You can hope for the release and fear what comes after.

New Mexico's communities -- the pueblos and tribal nations, the small northern mountain towns, Albuquerque's urban neighborhoods, the border communities in the south -- hold family close in their own ways. The kinship care tradition is not new here. The state's response to this crisis is trying to meet that tradition with formal support.

The Guardianship Legal Helpline (1-833-355-6944) is in English, Spanish, and Navajo. Call it. The support groups through CYFD's Kinship Guardianship Program and Las Cumbres in Española put you with other people doing what you are doing. Find them.

Talking to the Grandchildren About Where Their Parent Is

The children know something is wrong. Silence does not protect them.

Use honest, age-appropriate language. For a young child: "Your dad made a mistake and he has to stay somewhere else while he learns from it. You are safe and I am here." For an older child: "Your mom is in prison. She did something against the law and a judge decided she needs to be there for a while. She loves you. She is not in danger."

Do not make promises about when the parent will be home that you cannot keep. Let the children have their feelings. Keep the parent present in appropriate ways: photos, letters, phone calls.

New Mexico DOC phone calls go through ICS Corrections / GTL. You control which numbers are approved. The grandchildren's relationship with their incarcerated parent is theirs.

New Mexico Medicaid covers mental health services for children. If the grandchildren are struggling, ask the school counselor for a referral or the child's Medicaid primary care provider.

Your Relationship With Your Incarcerated Child

Your feelings about your child are complicated. You are raising their children because they cannot. Both things are true.

What the grandchildren need: to see that you are not punishing their parent through them.

What you need: a place to hold the complicated feelings that is not in front of the grandchildren. The support groups through CYFD's Kinship Guardianship Program, Las Cumbres in Española, a therapist, a trusted person -- any of these is better than holding it alone.

What to Do First: A Practical Checklist

Call the Guardianship Legal Helpline: 505-217-1660 or 1-833-355-6944 (English, Spanish, Navajo). This is the first call for any legal questions about guardianship.

Get a notarized POA from the incarcerated parent through NMDOC notary services. Contact the facility case manager. The POA form is in the New Mexico Legal Aid Kinship Guardianship Documents Packet (download at cyfd.nm.gov).

Complete the Caregiver's Affidavit for interim authority (download from Advocacy, Inc. at nmadvocacy.org or from CYFD at cyfd.nm.gov).

Apply for TANF child-only, New Mexico Medicaid, SNAP, and LIHEAP at yes.state.nm.us.

Visit SHARE New Mexico (sharenm.org) to find specific local resources for your county.

Start the guardianship process. Contact the Guardianship Legal Helpline, New Mexico Legal Aid, or Advocacy, Inc. (nmadvocacy.org) for legal representation on a sliding scale.

If you are in a pilot county (Rio Arriba, Santa Fe, Taos, McKinley, Doña Ana) and not receiving CYFD financial support: contact ALTSD at aging.nm.gov about the Kinship Caregiver Pilot Program.

If the grandchildren are enrolled tribal members: contact your tribal social services and ask CYFD about ICWA application.

Enroll the grandchildren in school using the Caregiver's Affidavit or McKinney-Vento as appropriate.

Dial 2-1-1 for local community resources.

Take care of yourself. The kinship support groups are there. Find them.

FAQ

**What is the Guardianship Legal Helpline?** A free legal helpline operated by Pegasus Legal Services for Children, available statewide. It assists grandparents and kinship caregivers with guardianship questions and contested guardianship situations. Phone: 505-217-1660 or toll-free 1-833-355-6944. Available in English, Spanish, and Navajo.

**What is the Kinship Caregiver Pilot Program?** Signed into law by Governor Lujan Grisham in April 2025, this three-year pilot assists kinship caregivers in five to seven counties (currently Rio Arriba, Santa Fe, Taos, McKinley, Doña Ana) with legal services, benefits navigation, and economic support. Starting January 2026, $500 per month is available in some pilot counties. Administered by ALTSD (not CYFD). Eligibility: not receiving CYFD financial support; voluntary; immigration status not a factor. Contact aging.nm.gov.

**What is the Caregiver's Affidavit in New Mexico?** A document that grandparents and relative caregivers can use to establish authority for certain decisions -- including school enrollment and some medical decisions -- without going to court immediately. Available for download from Advocacy, Inc. (nmadvocacy.org) and CYFD (cyfd.nm.gov). The affidavit is an intermediate step while you pursue formal guardianship.

**What is YES New Mexico?** yes.state.nm.us -- New Mexico's online benefits portal where you apply, check, update, or renew for Medicaid, SNAP, TANF, LIHEAP, and LIHWAP. This is the primary application portal for financial and health benefits in New Mexico.

**What is SHARE New Mexico?** sharenm.org -- a statewide online searchable resource directory for kinship families and service providers. Search by need and location to find local kinship resources, food assistance, housing, and community programs.

**Does the Guardianship Legal Helpline serve tribal families?** Yes. Pegasus Legal Services specifically includes tribal families in its services. The helpline is available in Navajo as well as English and Spanish. If the grandchildren are enrolled tribal members and a CYFD case is involved, ICWA applies -- contact your tribal social services and CYFD's Indian Country liaison.

**How do I talk to the grandchildren about their parent being in prison?** Use honest, age-appropriate language without promises about when the parent will be home. Let the children have feelings. Keep the parent present appropriately -- photos, letters, NMDOC phone calls through ICS Corrections/GTL. New Mexico Medicaid covers children's mental health services; ask the school counselor or primary care provider for a referral.

[SPEC NOTE: Folder 1mWUamVufeanK-LZbmcw4rbPb7yRIWRSP. Internal CTAs: New Mexico inmate search, send money, New Mexico reentry resources, Staying Connected hub, how prison works hub. SOURCING: cyfd.nm.gov/new-mexico-kinship-guardianship-program/ March 2026 (Kinship Legal Services CYFD contracts NM Legal Aid Pegasus Legal Services tribal families; Guardianship Legal Helpline 505-217-1660 toll-free 1-833-355-6944 English Spanish Navajo; Fostering Family Southwest Family Guidance Center collaboration CYFD coordinated comprehensive services kinship caregivers anywhere NM; SHARE New Mexico statewide online searchable resource directory; training support groups family caretakers service providers; free services guidance kinship caregivers anywhere NM; Kinship Caregiver Legal Guide NM Legal Aid; Kinship Guardianship Legal Documents Packet; 25% grandparent-headed households no parent poverty; yes.state.nm.us portal apply Medicaid SNAP TANF LIHEAP LIHWAP); aging.nm.gov/long-term-care/caregiver-resources/grandparents-raising-grandchildren/ September 2025 (Pegasus Legal Services Guardianship Legal Helpline 1-505-244-1101 statewide 833-355-6944 Se habla espanol; Advocacy Inc NM Guardianship Project children youth birth 18 grandparents family members caretakers; information referral guardianship adoption downloadable forms POA Caregiver's Affidavit nmadvocacy.org; legal representation uncontested guardianship adoption sliding scale; Las Cumbres Community Services Grandparents Raising Grandchildren Program Española NM support resources discussion topics; LREP information referral seniors 55+; ADRC statewide); aging.nm.gov/long-term-care/kinship-caregiver/ April 2026 (Kinship Caregiver Pilot Program initiative assist kinship caregivers grandparents aunts uncles relatives fictive kin raising children parents unable care; voluntary basis evidenced signature program agreement; not receiving CYFD financial support; immigration status not factor; proof kinship relationship required; ALTSD not CYFD); sourcenm.com March 2025 (40,000 children NM kinship care 2024; grew 10,000 children 2017-2024 higher than national average; over quarter grandparents raising grandchildren 2022 lived poverty; Rio Arriba Santa Fe Taos McKinley Doña Ana counties; 250 families; legal services public assistance economic support; $4.5 million general fund appropriation; ALTSD not CYFD grandparents comfortable senior centers negative perception CYFD; bill is empowering families; legal fees concern families not proceeding court system); losalamosreporter.com December 2025 ($500 month kinship caregivers Rio Arriba San Juan Counties starting January 2026 not state-funded private donors; 26% grandparents raising grandchildren poverty; husband wife mid-fifties legal guardianship 9-year-old cousin; as kinship guardian no support no food stamps no TANF make money); kunm.org March 2025 (ALTSD not CYFD grandparents comfortable senior centers negative perception; Rep Michelle Paulene Abeyta Diné co-sponsor kinship caregiver herself; lawyer finds system difficult navigate; system not designed support; empowering families; legal fees concern); sharenm.org kinship navigation (funded state federal grant NM Kinship Guardianship Program team navigators link grandparents other relatives resources); aging.nm.gov (ADRC assists elders persons disabilities caregivers statewide services resources); nmadvocacy.org Advocacy Inc NM Guardianship Project; NMDOC ICS Corrections GTL phone; NMDOC notary services; yes.state.nm.us; sharenm.org; cyfd.nm.gov; McKinney-Vento school enrollment; Social Security 1-800-772-1213; 2-1-1 NM. NOTE for Poorwa: verify Guardianship Legal Helpline 1-833-355-6944 still current and English/Spanish/Navajo; verify 505-217-1660 current (Pegasus); verify Kinship Caregiver Pilot Program signed April 2025 $4.5 million appropriation and five-county list current aging.nm.gov; verify $500/month January 2026 Rio Arriba San Juan Counties still being paid and funding status; verify pilot program eligibility requirements current; verify Fostering Family Southwest Family Guidance Center still CYFD collaboration current; verify sharenm.org SHARE New Mexico still current directory; verify yes.state.nm.us current NM benefits portal; verify Advocacy Inc nmadvocacy.org still NM Guardianship Project current; verify Las Cumbres Community Services Española still active; verify NM Legal Aid Kinship Caregiver Legal Guide still available cyfd.nm.gov; verify NMDOC ICS Corrections GTL phone provider; verify McKinney-Vento still applicable; len/character check before publish.]