SENATE JOINT MEMORIAL 14

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

James G. Taylor

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE

A JOINT MEMORIAL

REQUESTING ESTABLISHMENT OF A TASK FORCE TO REVIEW THE KINSHIP GUARDIANSHIP ACT AND RECOMMEND CHANGES TO TEMPORARY GUARDIANSHIP FOR CHILDREN OF INCARCERATED PARENTS.

     WHEREAS, there is a critical need for incarcerated parents to be able to ensure the safety and health of their children while the parents are temporarily incarcerated; and 

     WHEREAS, the current provisions of the Uniform Probate Code, the Kinship Guardianship Act and powers of attorney statutes may not provide appropriate mechanisms for addressing the concerns of incarcerated parents; and

     WHEREAS, the legislature believes that a mechanism should be in effect for incarcerated parents to delegate their decision-making powers related to their children;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the children, youth and families department be requested to establish a task force to study the issue of temporary guardianship and make recommendations to the legislature no later than September 2006 through the courts, corrections and justice committee or its successor interim committee; and

     BE IT FURTHER RESOLVED that the children, youth and families department work with the administrative office of the courts, advocates for incarcerated parents and advocates for children in determining the appropriate membership of the task force; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the secretary of children, youth and families.

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