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 Department of Children, Youth and Families (the Department) received a referral alleging that the mother was abusing drugs and neglecting her child, Elijah J. (Child). Upon investigation, the Department found evidence of neglect and drug use, leading to Child's removal from the mother's care and placement in foster care. The mother's cousin, Colin D., expressed interest in caring for Child but was not considered by the Department for placement. The case involved the termination of the mother's parental rights and addressed issues of Colin's standing and the Department's failure to consider him for Child's placement.

Procedural History

• District Court of Santa Fe County: Terminated the mother's parental rights to Child.
• Court of Appeals of New Mexico: Affirmed the termination of parental rights and remanded for the Department to consider Colin D. as a potential placement for Child.

Parties' Submissions

• Appellee (The Department): Argued that clear and convincing evidence supported the termination of the mother's parental rights and that the mother was afforded due process. Contended that Colin D. lacked standing to appeal.
• Appellant (Laura J., the Mother): Contended that the Department failed to make reasonable efforts to assist her in adjusting the conditions that led to Child's custody with the Department and violated her due process rights by failing to place Child with relatives.
• Appellant (Colin D.): Argued that the Department failed to make reasonable efforts to identify and locate relatives for Child's placement, affecting the permanency plan and ultimately the decision to terminate parental rights.

Legal Issues

• Whether clear and convincing evidence supported the termination of the mother's parental rights.
• Whether the mother was afforded due process in the termination proceedings.
• Whether Colin D. has standing to appeal.
• Whether the Department's failure to consider Colin D. for Child's placement requires remand for further permanency hearings.

Disposition

• The termination of the mother's parental rights was affirmed.
• The case was remanded for the Department to consider Colin D. as a potential placement for Child.

Reasons

• The Court found clear and convincing evidence supporting the termination of the mother's parental rights due to neglect and drug use, affirming the lower court's decision. The mother's due process rights were deemed protected, and the procedural history did not warrant a reversal of the termination. Colin D. was found to have standing to appeal based on his interest in preserving family connections and potentially providing permanency for Child. The Department's failure to consider Colin D. for placement was recognized as a violation of statutory requirements, necessitating remand for the Department to conduct a home study and consider Colin D. as a placement option for Child. The Court emphasized the importance of family unity and the potential benefits to Child of being raised with his half-brother or within his extended family, underscoring the Department's duty to make reasonable efforts to identify and consider relatives for placement.