AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In January 2020, the mother learned that her child had allegedly sexually abused her younger siblings. Following this, the child also disclosed being a victim of sexual abuse by an uncle. The mother's response to these disclosures and her actions over the next year and a half led to the child being taken into custody by the Children, Youth & Families Department (CYFD) in June 2021. The case centered on whether the mother's actions constituted neglect under the Children’s Code (para 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the mother failed to take adequate steps to ensure the child's well-being after the child disclosed being a victim and perpetrator of sexual abuse. This included failing to provide proper treatment, medical care, and emotional support necessary for the child's well-being (para 12).
• Respondent-Appellant (Mother): Contended that she provided proper parental care under the circumstances and made efforts to assist the child, including discussing the child's behavior with her, separating the child from her siblings, and attempting to find a treatment facility for the child (para 14).

Legal Issues

• Whether the mother's actions and responses to her child's disclosures of sexual abuse constituted neglect under Section 32A-4-2(G)(2) of the Children’s Code.

Disposition

• The district court's adjudicatory judgment and dispositional order finding the child neglected as defined in the Children’s Code, NMSA 1978, § 32A-4-2(G)(2) (2023), was affirmed (para 1).

Reasons

• Per DUFFY, J. (HENDERSON, J., and YOHALEM, J., concurring): The court found that the mother's actions, including her failure to ensure the child received proper treatment, medical care, and emotional support necessary for her well-being after learning of the abuse, constituted neglect. The court highlighted the mother's decision to have the child share a room with her younger siblings again and her efforts to find alternative housing for the child as indicative of her failure to address the child's needs. The court also noted the mother's minimal efforts to obtain treatment for the child and her tendency to minimize the child's concerns and blame her for the family's problems. The evidence presented at the adjudicatory hearing supported the finding of neglect by clear and convincing evidence, leading to the affirmation of the district court's decision (paras 12-18).