State Contact

Nicholas Njua
Kinship and Adoptions Supervisor
New Mexico Children, Youth & Families Department
P.O. Drawer 5160
Santa Fe, NM 87502
505-328-7411
NicholasN.Njua2@cyfd.nm.gov

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New Mexico adoption resources

https://www.cyfd.nm.gov/protective-services/adoptions/

New Mexico state-specific medical assistance information:
https://nmmedicaid.portal.conduent.com/static/index.htm

New Mexico adoption assistance information:
https://cyfd.org/terrific-teens/adoption-subsidies

New Mexico Statute 32A-5-43 through 32A-5-45:
https://nmonesource.com/nmos/en/nav.do

  • In top menu bar, click on Public Access Law
  • Click Search Statutes and Court Rules
  • In main part of page, scroll to 32A Children’s Code and click on it.
  • Click on 5. Adoptions, 32A-5-1 through 32A-5-45
  • Scroll down to 32A-5-43 through 32A-5-45

New Mexico Administrative Code, Title 8 Social Services, Chapter 26 Foster Care and Adoption, Part 3 Adoption Act Regulations, 43 Subidized Adoptions:

https://www.srca.nm.gov/parts/title08/08.026.0003.html

In New Mexico a child is determined to have special needs if the child has at least one of the following needs or circumstances that may be a barrier to placement or adoption without financial assistance:

  • Five years of age or older
  • Member of a minority group
  • Member of a sibling group of two or more children to be placed together
  • Has a diagnosis of an emotional, physical, psychological, or mental condition requiring medical intervention

Monthly maintenance payments are determined through a discussion and negotiation process between adoptive parents and department representatives based on the needs of the child and family circumstances. The payment agreed upon must not exceed the amount the child would receive if the child were in a foster family home.

Age Basic Rate Enhanced Rate
0-5 $20.91/day $27.09/day
6-12 $22.06/day $28.21/day
13+ $22.95/day $29.08/day

For specialized rates the child must meet at least one of the following criteria:

  • Be on medication for behavioral or emotional disturbance.
  • Be on Supplemental Security Income (SSI).
  • Be involved in a professionally prescribed treatment program at home that is carried out by the adoptive parent.
  • Be of low enough intellectual functioning to demand extra structure and follow-through. Low intellect must be documented by psychological or diagnostic testing.
  • Have a professionally diagnosed communication disorder, demanding extra structure and follow-through.
  • Have experienced multiple home placements or hospitalizations because of severe behavior or attachment problems.
  • Be acting out, including sexually oriented behaviors. The behaviors must be to the level where the child is in therapy and the special needs certification must be recommended by a therapist and foster parent experienced with children in Department custody. The acting out behaviors must require the foster parents to learn and practice special skills to manage the behavior effectively.
  • Have a mental or physical condition that requires the adoptive parent to learn and practice special skills, including conditions such as failure to thrive, heart disorder, severe asthma or diabetes, crippled limbs, cystic fibrosis, bronchial dysplasia, seizure disorders, or drug affected.

Adoption assistance may be continued until the child’s 18th birthday. For children certified as medically fragile by the Department of Health, adoption assistance can continue until the 21st birthday.  If the youth was adopted on or after their 16th birthday the adoption assistance can continue to age 21 in certain circumstances.

The adoption assistance program does not cover the cost of residential treatment.  Costs are covered through the Medicaid program if children are IV-E eligible. State-funded adoption assistance will cover costs at New Mexico Medicaid rates for non-IV-E children. For pre-existing conditions (like counseling) New Mexico will pay for the therapy at New Mexico Medicaid rates directly to the therapist.

Children’s cases must be reviewed by the Office of Managed Care, rated, and approved for placement before payment will be made. New Mexico is currently participating in the Medicaid 032 Program. Those children who are not IV-E eligible will qualify for this program if they are in a group home or residential treatment.