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

• A child was taken into custody by the Children, Youth and Families Department (CYFD) due to neglect stemming from the mother's domestic violence, substance abuse, and mental health issues. The child exhibited severe behavioral and mental health issues, including trauma-related disorders and aggressive behavior, which were exacerbated by visitations with the mother. Despite the mother's completion of her treatment plan, CYFD moved to terminate her parental rights due to the ongoing negative impact on the child's well-being and safety following interactions with the mother.

Procedural History

• District Court of Bernalillo County: Terminated the mother's parental rights.
• Certiorari Denied, November 10, 2021, No. S-1-SC-38940.

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the mother's parental rights should be terminated due to the ongoing negative impact on the child's well-being and safety following interactions with the mother, despite the mother's completion of her treatment plan.
• Respondent-Appellant (Mother): Contended that the proceedings violated her statutory and procedural due process rights and argued that there was insufficient evidence to support the termination of her parental rights.

Legal Issues

• Whether the proceedings constituted fundamental error that violated the mother’s statutory rights under the Abuse and Neglect Act.
• Whether the proceedings violated the mother’s procedural due process rights.
• Whether there was insufficient evidence to support the termination of the mother’s parental rights.

Disposition

• The Court of Appeals affirmed the decision of the District Court to terminate the mother's parental rights.

Reasons

• The Court of Appeals, per Bogardus, J., with Zamora, J., and Henderson, J., concurring, found that:
  The mother's claims of fundamental error regarding alleged statutory violations and procedural due process rights were not supported by the record. The suspension of visits was based on therapeutic recommendations due to the child's severe behavioral issues following contact with the mother, and not a unilateral decision by CYFD. The court also found that the mother's procedural due process rights were not violated as she was represented, had the opportunity to present evidence, and there was no reasonable likelihood that compliance with statutory deadlines would have changed the outcome of the termination proceedings (paras 13-29).
  Substantial evidence supported the termination of parental rights. The court determined that the conditions and causes of neglect were unlikely to change in the foreseeable future, CYFD made reasonable efforts to assist the mother in adjusting the conditions that rendered her unable to properly care for the child, and termination of parental rights was in the child's best interests. The court also noted the mother's undeveloped argument regarding the child's adoptability and chose not to consider it further (paras 30-55).