N.M. Stat. » N.M. Stat. / Chapter 32A / Article 4
New Mexico Statutes

N.M. Stat. § 32A-4-31 (2026)

Permanent guardianship of a child.

✓ current as of May 2026
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A. In proceedings for permanent guardianship, the court shall give primary
consideration to the physical, mental and emotional welfare and needs of the child.
Permanent guardianship vests in the guardian all rights and responsibilities of a parent,
other than those rights and responsibilities of the natural or adoptive parent, if any, set
forth in the decree of permanent guardianship.

    B. Any adult, including a relative or foster parent, may be considered as a
permanent guardian, provided that the department grants consent to the guardianship if
the child is in the legal custody of the department. An agency or institution may not be a
permanent guardian. The court shall appoint a person nominated by the child, if the
minor is fourteen years of age or older, unless the court finds the appointment contrary
to the best interests of the child.

   C. The court may establish a permanent guardianship between a child and the
guardian when the prospective guardianship is in the child's best interest and when:

       (1)    the child has been adjudicated as an abused or neglected child;

       (2)    the department has made reasonable efforts to reunite the parent and
child and further efforts by the department would be unproductive;

      (3)   reunification of the parent and child is not in the child's best interests
because the parent continues to be unwilling or unable to properly care for the child;
and

      (4)     the likelihood of the child being adopted is remote or it is established that
termination of parental rights is not in the child's best interest.

History: 1978 Comp., § 32A-4-31, enacted by Laws 1993, ch. 77, § 125; 2005, ch. 189,
§ 54.

                                     ANNOTATIONS

Cross references. — For the Kinship Guardianship Act, see 40-10B-1 NMSA 1978 et
seq.
The 2005 amendment, effective June 17, 2005, in Subsection B, changed
"department's custody" to "legal custody of the department".
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2006–2026 · leading case: State ex rel. Child., Youth & Families Dep't v. Browind C., 2007 NMCA 023 (N.M. Ct. App. 2006).
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State ex rel. Child., Youth & Families Dep't v. Browind C., 2007 NMCA 023 (N.M. Ct. App. 2006). · cites it 5× “Sections 32A-4-31, -32. The trial court retains jurisdiction to enforce the judgment of permanent guardianship.”
State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). “See § 32A-4-31 (permanent guardianship); § 32A-4-28 (termination of parental rights).”
State Ex Rel. CYFD v. Jessica T. (N.M. Ct. App. 2025). · cites it 2× “” See NMSA 1978, § 32A-4-31(C)(3) (2005). [MIO 6-8] We disagree.”
State v. Schmidt (N.M. Ct. App. 2026). · cites it 2× “, NMSA 1978, § 32A-4-31(A) (2005) (defining the rights of a 3 permanent guardian); NMSA 1978, § 40-10B-13(A) (2001) (defining the rights and 4 duties of a kinship guardian as “the legal rights and duties of a parent except the right 5 to consent to adoption of the child and…”
State Ex Rel. CYFD v. Carmella M. (N.M. Ct. App. 2022). “{10} After Parents appealed the adjudicatory judgment, CYFD moved for a permanent guardianship, pursuant to NMSA 1978, Sections 32A-4-31 (2005) and -32 (2009), seeking the appointment of Mother’s mother and stepfather as permanent guardians of Child and contending, among other…”
State ex rel. CYFD v. Dustin G. (N.M. Ct. App. 2019). “See § 32A-4-27(A)(2), (4) (permitting intervention by a relative or a person who wishes to become the child’s permanent guardian); § 32A-4-31 (governing guardianships); § 32A-4-32 (guardianship procedure).”
State ex rel. CYFD v. Carmella M. (N.M. Ct. App. 2022). “{10} After Parents appealed the adjudicatory judgment, CYFD moved for a permanent guardianship, pursuant to NMSA 1978, Sections 32A-4-31 (2005) and -32 (2009), seeking the appointment of Mother’s mother and stepfather as permanent guardians of Child and contending, among other…”
In re Mahdjid B. & Aliah B. (N.M. 2014). “See § 32A-4-31 (permanent 14 guardianship); § 32A-4-28 (termination of parental rights).”
— N.M. Stat. § 32A-4-31(A) — 1 case
State v. Schmidt (N.M. Ct. App. 2026). “, NMSA 1978, § 32A-4-31(A) (2005) (defining the rights of a 3 permanent guardian); NMSA 1978, § 40-10B-13(A) (2001) (defining the rights and 4 duties of a kinship guardian as “the legal rights and duties of a parent except the right 5 to consent to adoption of the child and…”
— N.M. Stat. § 32A-4-31(C) — 1 case
State ex rel. Child., Youth & Families Dep't v. Browind C., 2007 NMCA 023 (N.M. Ct. App. 2006). “Sections 32A-4-31, -32. The trial court retains jurisdiction to enforce the judgment of permanent guardianship.”
— N.M. Stat. § 32A-4-31(C)(2) — 1 case
State ex rel. Child., Youth & Families Dep't v. Browind C., 2007 NMCA 023 (N.M. Ct. App. 2006). “Sections 32A-4-31, -32. The trial court retains jurisdiction to enforce the judgment of permanent guardianship.”
— N.M. Stat. § 32A-4-31(C)(3) — 1 case
State Ex Rel. CYFD v. Jessica T. (N.M. Ct. App. 2025). “” See NMSA 1978, § 32A-4-31(C)(3) (2005). [MIO 6-8] We disagree.”
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