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

• The case involves a dispute over a kinship guardianship of H.M. (Child), initially granted to the Child's paternal grandparents, M.M. and Y.M. (Guardians), under the Kinship Guardian Act (KGA). The biological mother, S.M. (Mother), appealed the district court's denial of her motion to revoke this guardianship. The Mother had been absent from the Child's life since he was one year old, with the Child being seven years old at the time of the hearing. The Mother had moved to Virginia in 2018 and had minimal contact with the Child, except for an unplanned encounter in 2018 and court-ordered therapy sessions. The Child has been flourishing under the care of the Guardians, with whom he has lived his entire life in New Mexico.

Procedural History

• District Court of Bernalillo County: Denied Mother's motion to revoke the 2015 kinship guardianship granted to the Child's paternal grandparents.

Parties' Submissions

• Mother: Argued that the district court failed to conduct a hearing on the hearing officer’s recommendations, improperly evaluated the best interests of the Child and changes in circumstances, refused to award visitation to permit Mother to establish a parent-child relationship, and failed to give proper weight to the parental presumption.
• Guardians: [Not applicable or not found]
• State of New Mexico ex rel. Human Services Department: [Not applicable or not found]

Legal Issues

• Whether the district court failed to conduct a required hearing on the hearing officer’s recommendations.
• Whether the district court properly evaluated the best interests of the Child and changes in circumstances.
• Whether the district court erred in not awarding visitation to the Mother to establish a parent-child relationship.
• Whether the district court failed to give proper weight to the parental presumption.

Disposition

• The appeal was denied, and the district court's order denying the motion to revoke the kinship guardianship was affirmed.

Reasons

• The Court of Appeals, with Judges Katherine A. Wray, Jennifer L. Attrep, and Shammara H. Henderson concurring, found substantial evidence supporting the district court's determination that revoking the kinship guardianship was not in the Child's best interest nor supported by a change in circumstance. The Court noted that the district court considered all relevant factors, including the Child's adjustment to his home, school, and community, and the mental and physical health of all individuals involved. The Court also addressed the Mother's arguments regarding the district court's failure to consider the mental and physical health of the individuals involved, allegations of alienation by the Guardians, and the lack of a quantifiable visitation plan. The Court declined to consider the Mother's argument about the parental presumption, citing a lack of legal analysis and preservation of the argument for appeal. The Court concluded that the evidence supported the findings related to contact between the Mother and the Child and rejected the Mother's factual and policy arguments to the contrary (paras 1-14).