N.M. Code R. § 8.100.130.21 - NON FINANCIAL VERIFICATION STANDARD - RELATIONSHIP

A. Verification of relationship is mandatory in the cash assistance program. The relationship between the parent or other caretaker relative and each child included in the benefit group must be verified.

B. Documents that can be used to verify relationship include:

(1) birth certificate;

(2) adoption papers or records;

(3) Indian census records;

(4) bureau of vital statistics or local government records;

(5) DHS records;

(6) hospital or public health records of birth and parentage;

(7) baptismal records;

(8) marriage certificate showing legal marriage between parents;

(9) court records of parentage such as support orders, divorce decrees, etc.;

(10) juvenile court records;

(11) paternity records from CSED;

(12) ISD acknowledgment of paternity form;

(13) CSED acknowledgment of paternity packet for alleged or non-court ordered determined parents living with children;

(14) church records including a statement from a priest, minister, etc.;

(15) additional items as listed on ISD 135, "proof checklist"; or

(16) if documentary evidence is not readily available, use other acceptable methods of verification as set forth in 8.100.130.9 NMAC.

C. The documentary evidence must contain the names of both the child and the specified relative. When the last name of the child differs from the specified relative, the difference must be resolved and documented in the case record. Divorce papers or marriage licenses can be used to help establish the relationship when the child's last name differs from the last name of the specified relative.

(1) If the relative is other than a parent, the relationship must be traced.

(2) In situations involving both parents in the home and the father is not the legal father, where paternity has not been established by operation of law or determined through court order, it will be necessary to establish the relationship of the child to the father by completion of the CSED acknowledgment of paternity packet.

(3) If the child is living with a relative of the alleged father, it will also be necessary to establish the father-child relationship. The preferred method of proving the relationship will be through acknowledgment of paternity, although other documents will be acceptable means of establishing relationship.

Notes

N.M. Code R. § 8.100.130.21

8.100.130.21 - Rp, 8.100.130.13, NMAC, 8/1/2008