N.M. Stat. § 27-2B-4
Application; resource planning session; individual
responsibility plans; participation agreement; review periods.
A. Application for cash assistance or services shall be made to the department. The
application shall be in writing or reduced to writing in the manner and on the form
prescribed by the department. The application shall be made under oath by an applicant
having custody of or residing with a dependent child who is a benefit group member and
shall contain a statement of the age of the child, residence, a complete statement of the
amount of property in which the applicant has an interest, a statement of all income that
the applicant and other benefit group members have at the time of the filing of the
application and other information required by the department.
B. The department shall assist an applicant in completing the application for cash
assistance or services and shall evaluate an applicant to determine eligibility for all
department programs for which the applicant is eligible. The department shall process
all expedited food stamp applications within two business days of submission, and the
department shall deliver expedited food stamps to an eligible applicant within seven
days of the application.
C. At the time of application for cash assistance and services, an applicant and the
department shall identify everyone who is to be counted in the benefit group. Once an
application is approved, the participant shall advise the department if there are any
changes in the membership of the benefit group.
D. No later than thirty days after an application is filed, the department shall provide
to an applicant a resource planning session to ascertain the applicant's immediate
needs, assess financial and nonfinancial options, make referrals and act on the
application.
E. No later than five days after an application is approved, the department shall
provide reimbursement for child care.
F. Whenever the department receives an application for assistance, a verification
and record of the applicant's circumstances shall promptly be made to ascertain the
facts supporting the application and to obtain other information required by the
department. The verification may include a visit to the home of the applicant, as long as
the department gives adequate prior notice of the visit to the applicant.
G. No later than fifteen days after an application is approved, the department shall
assess the education, skills, prior work experience and employability of the participant.
H. After the initial assessment of skills, the department shall work with the
participant to develop an individual responsibility plan that:
(1)
sets forth an employment goal for the participant and a plan for moving the
participant into employment;
(2)
sets forth obligations of the participant that may include a requirement that
the participant attend school, maintain certain grades and attendance, keep the
participant's school-age children in school, immunize the participant's children or
engage in other activities that will help the participant become and remain employed;
(3)
is designed to the greatest extent possible to move the participant into
whatever employment the participant is capable of handling and to provide additional
services as necessary to increase the responsibility and amount of work the participant
will handle over time;
(4)
describes the services the department may provide so that the participant
may obtain and keep employment; and
(5)
may require the participant to participate in appropriate services, such as
substance abuse, domestic violence or mental health services.
I. The participant and the department shall sign the participant's individual
responsibility plan. The department shall not allow a participant to decline to participate
in developing an individual responsibility plan. The department shall not waive the
requirement that a participant develop an individual responsibility plan. The department
shall emphasize the importance of the individual responsibility plan to the participant.
J. If a participant does not develop an individual responsibility plan, refuses to sign
an individual responsibility plan or refuses to attend semiannual reviews of an individual
responsibility plan, the participant shall be required to enter into a conciliation process
pursuant to Subsection C of Section 27-2B-14 NMSA 1978. If the participant persists in
noncompliance with the individual responsibility plan process after the conciliation
process, the participant shall be subject to sanctions pursuant to Section 27-2B-14
NMSA 1978.
K. The participant shall also sign a participation agreement that designates the
number of hours that the participant must participate in work activities to meet
participation standards.
L. The department shall review the current financial eligibility of a benefit group
when the department reviews food stamp eligibility.
M. The department shall meet semiannually with a participant to review and revise
the participant's individual responsibility plan.
N. The department shall develop a complaint procedure to address issues pertinent
to the delivery of services and other issues relating to a participant's individual
responsibility plan.