A. Except as set forth in Subsections B and C of this section, an eligible individual shall have earned income and shall be:
(1) eighteen years of age or older;
(2) a citizen, legal resident, refugee, asylee or person otherwise legally present in the United States at the time the person opens the person's individual development account;
(3) a resident of New Mexico; and
(4) an indigent.
B. A child in foster care is an eligible individual if the child is:
(1) fifteen years of age or older;
(2) an indigent;
(3) a citizen, a legal resident, a refugee or an asylee or is otherwise legally present in the United States at the time the person opens the person's individual development account; and
(4) a resident of New Mexico.
C. A child is an eligible individual if the child is:
(1) at least fifteen years of age and not more than eighteen years of age;
(2) a member of a family whose members are all indigents;
(3) a citizen, a legal resident, a refugee or an asylee or is otherwise legally present in the United States at the time the person opens the person's individual development account; and
(4) a resident of New Mexico.