N.M. Stat. » N.M. Stat. / Chapter 40 / Article 10B
New Mexico Statutes

N.M. Stat. § 40-10B-2 (2026)

Repealed.

✓ current as of May 2026
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History: Laws 2001, ch. 167, § 2; repealed by Laws 2020, ch. 51, § 10.

                                    ANNOTATIONS

Repeals. — Laws 2020, ch. 51, § 10 repealed 40-10B-2 NMSA 1978, as enacted by
Laws 2001, ch. 167, § 2, relating to policy, purpose, effective May 20, 2020. For
provisions of former section, see the 2019 NMSA 1978 on NMOneSource.com.
Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 2009–2022 · leading case: Freedom C. v. Brian D., 2012 NMSC 17 (N.M. 2012).
Sort: Relevance Newest Treatment
Freedom C. v. Brian D., 2012 NMSC 17 (N.M. 2012). · cites it 16× “Section 40-10B-2 (emphasis added). {8} A person appointed to be a guardian under the Act “has the legal rights and duties of a parent except the right to consent to adoption of the child and except for parental rights and duties that the court orders retained by a parent.”
State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). · cites it 6× “” Section 40-10B-2(A). However, when neither parent is able or willing to raise their child, the Legislature enacted the KGA in 2001 to establish procedures whereby “a child should be raised by family members or kinship caregivers.”
D.W. v. B.C., 2022 NMCA 006 (N.M. Ct. App. 2021). · cites it 4× “” 2012- NMSC-017, ¶ 7; see § 40-10B-2(A). The Act establishes “procedures and substantive standards for effecting legal relationships between children and adult caretakers who have assumed the day-to-day responsibilities of caring for a child,” authorizing kinship caregivers to…”
Freedom C. v. Julie Ann D., 252 P.3d 812 (N.M. Ct. App. 2011). · cites it 10× “Section 40-10B-2 states its policy and purpose: A.”
State ex rel. Child., Youth & Families Dep't v. Djamila B., 2014 NMCA 045 (N.M. Ct. App. 2014). · cites it 6× “Thus, the purposes of the KGA are to: (1) establish procedures to effect a legal relationship between a child and a kinship caregiver when the child is not residing with either parent; and (2) provide a child with a stable and consistent relationship with a kinship caregiver…”
Stanley J. v. Cliff L., 2014 NMCA 029 (N.M. Ct. App. 2014). · cites it 6× “However, “[wjhen neither parent is able or willing to provide appropriate care, guidance and supervision to a child, it is the policy of the state that, whenever possible, a child should be raised by family members or kinship caregivers.”
Stanley J. v. Cliff L., 2014 NMCA 29 (N.M. Ct. App. 2013). · cites it 10× “Considering the policy statement in Section 40-10B-2,3 together with the purposes of the KGA set forth in Section 40-10B-2(C),4 our Supreme Court interpreted the KGA “to require courts to protect and facilitate relationships between a child and kinship caregivers when neither of…”
State ex rel. CYFD v. Djamila B., 2014 NMCA 45 (N.M. Ct. App. 2014). · cites it 4× “Section 40-10B-2(C). In keeping with its purpose, the KGA provides that “[a] guardian appointed for a child pursuant to the [KGA] .”
Stanley J. v. Cliff L. (N.M. Ct. App. 2013). · cites it 10× “Considering the policy statement in Section 40-10B-2,3 together with the purposes of the KGA set forth in Section 40-10B-2(C),4 our Supreme Court interpreted the KGA “to require courts to protect and facilitate relationships between a child and kinship caregivers when neither of…”
Philbert P. v. Douglas P. (N.M. Ct. App. 2020). · cites it 4× “” Section 40-10B-2(A). However, “[w]hen neither parent is able or willing to provide appropriate care, guidance and supervision to a child, it is the policy of the state that, whenever possible, a child should be raised by family members or kinship caregivers.”
In re Mahdjid B. & Aliah B. (N.M. 2014). · cites it 6× “” Section 40-10B-2(A). However, when neither parent is able or 9 willing to raise their child, the Legislature enacted the KGA in 2001 to establish 10 procedures whereby “a child should be raised by family members or kinship 11 caregivers.”
State of NM, ex rel CYFD v. Djamila B (N.M. Ct. App. 2014). · cites it 4× “Section 40-10B-2(C). In keeping with its purpose, the KGA provides that “[a] guardian appointed for a child pursuant to the [KGA] .”
Show all 15 citing cases →
— N.M. Stat. § 40-10B-2(A) — 12 cases
Freedom C. v. Brian D., 2012 NMSC 17 (N.M. 2012). “Section 40-10B-2 (emphasis added). {8} A person appointed to be a guardian under the Act “has the legal rights and duties of a parent except the right to consent to adoption of the child and except for parental rights and duties that the court orders retained by a parent.”
State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). “” Section 40-10B-2(A). However, when neither parent is able or willing to raise their child, the Legislature enacted the KGA in 2001 to establish procedures whereby “a child should be raised by family members or kinship caregivers.”
D.W. v. B.C., 2022 NMCA 006 (N.M. Ct. App. 2021). “” 2012- NMSC-017, ¶ 7; see § 40-10B-2(A). The Act establishes “procedures and substantive standards for effecting legal relationships between children and adult caretakers who have assumed the day-to-day responsibilities of caring for a child,” authorizing kinship caregivers to…”
Stanley J. v. Cliff L., 2014 NMCA 029 (N.M. Ct. App. 2014). “However, “[wjhen neither parent is able or willing to provide appropriate care, guidance and supervision to a child, it is the policy of the state that, whenever possible, a child should be raised by family members or kinship caregivers.”
Freedom C. v. Julie Ann D., 252 P.3d 812 (N.M. Ct. App. 2011). “Section 40-10B-2 states its policy and purpose: A.”
— N.M. Stat. § 40-10B-2(B) — 4 cases
State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). “” Section 40-10B-2(A). However, when neither parent is able or willing to raise their child, the Legislature enacted the KGA in 2001 to establish procedures whereby “a child should be raised by family members or kinship caregivers.”
State ex rel. Child., Youth & Families Dep't v. Djamila B., 2014 NMCA 045 (N.M. Ct. App. 2014). “Thus, the purposes of the KGA are to: (1) establish procedures to effect a legal relationship between a child and a kinship caregiver when the child is not residing with either parent; and (2) provide a child with a stable and consistent relationship with a kinship caregiver…”
Freedom C. v. Julie Ann D., 252 P.3d 812 (N.M. Ct. App. 2011). “Section 40-10B-2 states its policy and purpose: A.”
In re Mahdjid B. & Aliah B. (N.M. 2014). “” Section 40-10B-2(A). However, when neither parent is able or 9 willing to raise their child, the Legislature enacted the KGA in 2001 to establish 10 procedures whereby “a child should be raised by family members or kinship 11 caregivers.”
— N.M. Stat. § 40-10B-2(C) — 9 cases
D.W. v. B.C., 2022 NMCA 006 (N.M. Ct. App. 2021). “” 2012- NMSC-017, ¶ 7; see § 40-10B-2(A). The Act establishes “procedures and substantive standards for effecting legal relationships between children and adult caretakers who have assumed the day-to-day responsibilities of caring for a child,” authorizing kinship caregivers to…”
State ex rel. Chidren, Youth & Families Dep't v. Djamila B., 2015 NMSC 003 (N.M. Ct. App. 2014). “” Section 40-10B-2(A). However, when neither parent is able or willing to raise their child, the Legislature enacted the KGA in 2001 to establish procedures whereby “a child should be raised by family members or kinship caregivers.”
State ex rel. Child., Youth & Families Dep't v. Djamila B., 2014 NMCA 045 (N.M. Ct. App. 2014). “Thus, the purposes of the KGA are to: (1) establish procedures to effect a legal relationship between a child and a kinship caregiver when the child is not residing with either parent; and (2) provide a child with a stable and consistent relationship with a kinship caregiver…”
Stanley J. v. Cliff L., 2014 NMCA 029 (N.M. Ct. App. 2014). “However, “[wjhen neither parent is able or willing to provide appropriate care, guidance and supervision to a child, it is the policy of the state that, whenever possible, a child should be raised by family members or kinship caregivers.”
Stanley J. v. Cliff L., 2014 NMCA 29 (N.M. Ct. App. 2013). “Considering the policy statement in Section 40-10B-2,3 together with the purposes of the KGA set forth in Section 40-10B-2(C),4 our Supreme Court interpreted the KGA “to require courts to protect and facilitate relationships between a child and kinship caregivers when neither of…”
— N.M. Stat. § 40-10B-2(C)(1) — 2 cases
State ex rel. CYFD v. Djamila B., 2014 NMCA 45 (N.M. Ct. App. 2014). “Section 40-10B-2(C). In keeping with its purpose, the KGA provides that “[a] guardian appointed for a child pursuant to the [KGA] .”
State of NM, ex rel CYFD v. Djamila B (N.M. Ct. App. 2014). “Section 40-10B-2(C). In keeping with its purpose, the KGA provides that “[a] guardian appointed for a child pursuant to the [KGA] .”
— N.M. Stat. § 40-10B-2(C)(2) — 1 case
Freedom C. v. Brian D., 2012 NMSC 17 (N.M. 2012). “Section 40-10B-2 (emphasis added). {8} A person appointed to be a guardian under the Act “has the legal rights and duties of a parent except the right to consent to adoption of the child and except for parental rights and duties that the court orders retained by a parent.”
— N.M. Stat. § 40-10B-2(C)(l) — 3 cases
Freedom C. v. Brian D., 2012 NMSC 17 (N.M. 2012). “Section 40-10B-2 (emphasis added). {8} A person appointed to be a guardian under the Act “has the legal rights and duties of a parent except the right to consent to adoption of the child and except for parental rights and duties that the court orders retained by a parent.”
Freedom C. v. Julie Ann D., 252 P.3d 812 (N.M. Ct. App. 2011). “Section 40-10B-2 states its policy and purpose: A.”
State ex rel. Child., Youth & Families Dep't v. Djamila B., 2014 NMCA 045 (N.M. Ct. App. 2014). “Thus, the purposes of the KGA are to: (1) establish procedures to effect a legal relationship between a child and a kinship caregiver when the child is not residing with either parent; and (2) provide a child with a stable and consistent relationship with a kinship caregiver…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.