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SFC/SB 241 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 department; M. "legal guardian" includes both a temporary and permanent legal guardian or custodian; N. "pre-kindergarten program" means a pre-kindergarten program as defined in the Pre-Kindergarten Act; O. "resident" means a person who is domiciled in New Mexico, including a person who is homeless or who is temporarily residing in a domestic violence or homeless shelter; provided that for the purposes of the Child Care Assistance Program Act, a person may have only one domicile; and provided further that for a federally eligible applicant, the applicant's residency determination shall be aligned with applicable federal regulations; P. "tiered quality rating system" means the system developed by the department to rate the level of quality of a licensed child care facility; and Q. "unearned income" means income in the form of benefits, such as benefits received pursuant to state and federal programs, child support, pensions, gifts, loans, grants and other income that is not income received as gross wages from employment or as profit from self-employment." SECTION 4. A new section of the Children's Code is enacted to read: "CHILD CARE ASSISTANCE PROGRAM--ELIGIBILITY