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 the Mother of four children, ranging in age from fifteen to eighteen months old, who was adjudicated for neglecting her children under NMSA 1978, Section 32A-4-2(G)(2) (2018). The Children, Youth and Families Department (CYFD) filed a neglect/abuse petition after two of the children were found walking along a highway and disclosed they had run away. The investigation revealed unsuitable living conditions at the Mother's residence, lack of proper care for the children, and an incident where the Mother became angry with one child for breaking her marijuana pipe. Additionally, one child was not permitted to live with the Mother due to an outstanding warrant (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the children were neglected by the Mother, citing unsuitable living conditions at the Mother's residence, lack of proper care, and specific incidents demonstrating neglect, including the children running away and the Mother's reaction to one child breaking her marijuana pipe (para 2).
• Respondent-Appellant (Mother): Contended that the children were not neglected, either as a matter of law or fact, and argued that she was denied due process and received ineffective assistance of counsel because she was not allowed to attend her hearings in person, which impeded her ability to communicate with her counsel (para 1).

Legal Issues

• Whether the district court's finding that the children were neglected pursuant to Section 32A-4-2(G)(2) is supported by substantial evidence.
• Whether the Mother was denied due process and received ineffective assistance of counsel due to not being permitted to attend her hearings in person (paras 4, 16).

Disposition

• The Court of Appeals affirmed the district court's adjudication that the Mother's four children were neglected pursuant to NMSA 1978, Section 32A-4-2(G)(2) (2018) (para 19).

Reasons

• The Court, led by Chief Judge Hanisee, with Judges Medina and Yohalem concurring, found substantial evidence supporting the district court's finding of neglect. The evidence included unsuitable living conditions at the Mother's residence, the children's access to a marijuana pipe, and the children being left unattended. The Court also found that the Mother's inability to attend hearings in person, due to COVID-19 pandemic restrictions, did not constitute a denial of due process or ineffective assistance of counsel, as the Mother did not demonstrate an emergency need for an in-person hearing nor did she show how her defense was prejudiced by her virtual attendance (paras 4-18).