A. The human services department is an agency of the state and shall at all times be under the exclusive control of this state. The management and control of the human services department is vested in the secretary of human services.

B. Subject to the constitution of New Mexico, the human services department has the power to:

(1) sue and, with the consent of the legislature, be sued;

(2) adopt and use a corporate seal;

(3) have succession in its corporate name;

(4) make contracts as authorized in Chapter 27 NMSA 1978 to carry out the purposes of that chapter;

(5) adopt, amend and repeal bylaws, rules and regulations;

(6) purchase, lease and hold real and personal property necessary or convenient for the carrying out of its powers and duties, to exercise the right of eminent domain to acquire such real property in the same manner as the state now exercises that right and to dispose of any property acquired in any manner;

(7) have such powers as may be necessary or appropriate for the exercise of the powers specifically conferred upon it in Chapter 27 NMSA 1978;

(8) receive and have custody for protection and administration, disburse, dispose of and account for funds, commodities, equipment, supplies and any kind of property given, granted, loaned or advanced to the state for public assistance, public welfare, social security or any other similar purpose;

(9) enter into reciprocal agreements with public welfare agencies of other states relative to the provision for relief or assistance to transients and nonresidents;

(10) establish and administer programs of old age assistance and aid to dependent children and persons with a visual impairment;

(11) establish and administer a program of services for children with a disability or who have a condition that may lead to a disability, and to supervise the administration of those services that are not administered directly by it;

(12) establish, extend and strengthen public welfare services for children; and

(13) establish and administer a program for general relief.

History: Laws 1937, ch. 18, § 3; 1941 Comp., § 73-103; 1953 Comp., § 13-1-3; 2007, ch. 46, § 16.

Compiler's notes.— The powers, duties and property of the department of public welfare were transferred to the department of health and social services by Laws 1968, ch. 37, § 3. Laws 1977, ch. 252, § 5, abolished the department of health and social services, and § 4 created the human services department.

Laws 1977, ch. 252, §§ 6 and 7, provided for the appointment and powers of the secretary of human services, the administrative head of the human services department.

Cross references. — For public assistance programs generally, see 27-2-1 NMSA 1978 et seq.

For programs for persons with special medical needs, see 27-4-1 NMSA 1978 et seq.

For crippled children's services generally, see 24-2-1 NMSA 1978.

For abandonment or abuse of child, see 30-6-1 NMSA 1978.

For eminent domain generally, see Chapter 42A NMSA 1978.

The 2007 amendment, effective June 15, 2007, changed the name of the department from the "state department of public welfare" to the "human services department" and made other non-substantive language changes.

Acquisition and disposition of real property. — This section clearly gives the department of public welfare (now human services department) full and complete authority to hold real property in its name, and full and complete authority to transfer such property. 1955 Op. Att'y Gen. No. 55-6286.

Rehabilitation and leasing of real property. — The public welfare department (now human services department) can rehabilitate buildings, then lease them to the New Mexico boys' school. 1959 Op. Att'y Gen. No. 59-85.

Adoption of rules and regulations required under federal legislation. — The state welfare department (now human services department) has authority to adopt rules and regulations providing for "welfare standards" required under federal legislation. 1953 Op. Att'y Gen. No. 53-5631.

Contract for provision of child welfare services. — The public welfare department (now human services department) can enter into a contract with the New Mexico boys' school to provide child welfare services to children in need of these services. 1959 Op. Att'y Gen. No. 59-85.

Law reviews. — For comment, "Undocumented Aliens: Education, Employment and Welfare in the United States and in New Mexico," see 9 N.M.L. Rev. 99 (1978-79).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws §§ 45 to 74.

81 C.J.S. Social Security and Public Welfare §§ 9, 18, 32, 96.