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

• On August 19, 2016, the New Mexico Children, Youth and Families Department (CYFD) was contacted by Farmington Police to assess the safety of three school-aged children due to concerns about their enrollment in school and the family's homelessness. The children were subsequently placed under CYFD custody and eventually with their maternal grandparents. The father was required to complete various steps towards reunification, including substance and mental health evaluations, parenting classes, and maintaining stable housing. Despite these efforts, CYFD moved to terminate the father's parental rights, citing his inability to provide proper care and his failure to benefit from services aimed at remedying the conditions leading to the children's neglect (paras 2-4).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that they made reasonable efforts to assist the father in adjusting the causes and conditions of the children's neglect and that the termination of parental rights was in the best interests of the children (para 4).
• Respondent-Appellant (Father): Contended that CYFD's placement of the children with grandparents nine hours away violated the statutory requirement for reasonable efforts toward reunification and his due process rights. He also argued that the court should have considered permanent guardianship as a less restrictive alternative to terminating his parental rights (paras 5, 15).

Legal Issues

• Whether CYFD made reasonable efforts to assist the father in adjusting the causes and conditions of the children's neglect.
• Whether CYFD and the district court violated the father's due process rights by terminating his parental rights instead of pursuing permanent guardianship as a less restrictive alternative (paras 5, 15).

Disposition

• The court affirmed the district court's decision to terminate the father's parental rights (para 16).

Reasons

• The court found that CYFD made reasonable efforts to assist the father, including arranging weekly FaceTime calls and offering transportation for visits, despite the children's placement with grandparents nine hours away. The court also noted the father's failure to fully engage with the provided services, such as attending FaceTime calls and addressing his substance abuse and mental health issues. Regarding the due process claims, the court determined that the father had not demonstrated a reasonable likelihood that the outcome would have been different had the children been placed closer or had permanent guardianship been pursued. The court emphasized the need for permanence and stability for the children, which was not achievable through the father's proposed alternatives (paras 6-15).