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 late 2017, following an emergency referral from the Albuquerque Police Department, the New Mexico Children, Youth and Families Department (CYFD) filed a neglect/abuse petition against the parents of A.F. (Child) and took custody of Child. The petition alleged that the mother continuously abused substances and exposed Child to domestic violence. The mother was ordered to participate in various assessments and testing. She eventually pled "no contest" to neglect of Child. Despite efforts outlined in a case plan for the parents, the mother missed appointments, tests, and failed to participate in required evaluations and counseling. The parents were still a couple as of October 2018, despite warnings that their relationship status could interfere with reunification with Child. By September 2020, the case proceeded to a trial to terminate the parents' parental rights, during which evidence of ongoing domestic violence, substance abuse, and failure to comply with the case plan was presented (paras 2-19).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the mother failed to ameliorate the conditions leading to Child's neglect and that the conditions and causes of neglect were unlikely to change in the foreseeable future despite CYFD's reasonable efforts to assist the parent.
• Respondent-Appellant (Mother): Contended that CYFD did not prove by clear and convincing evidence that it made reasonable efforts to reunify Mother and Child and that the mother had not ameliorated the conditions and causes of neglect, or would not do so in the foreseeable future.

Legal Issues

• Whether CYFD made reasonable efforts to reunify Mother and Child.
• Whether the conditions and causes of Child's neglect by the mother were unlikely to change in the foreseeable future despite CYFD's reasonable efforts.

Disposition

• The district court's termination of the mother's parental rights to Child was affirmed (para 1).

Reasons

• The court found clear and convincing evidence supporting the termination of the mother's parental rights. Despite the mother's claims, the court determined that CYFD made reasonable efforts to reunify Mother and Child, considering the totality of circumstances and the mother's continual failure to participate in the services required by the case plan. The court noted that the mother's progress was hindered by her relationship with the father and her failure to acknowledge and address issues of domestic violence and substance abuse. The court also highlighted that nearly three years had passed since Child was taken into CYFD custody, emphasizing the need for permanency for Child. The court rejected the mother's arguments, concluding that the conditions and causes of Child's neglect were unlikely to change in the foreseeable future (paras 20-31).