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 State of New Mexico's Children, Youth & Families Department (CYFD) against Dolores F., the mother of Breanna F. and Uziel F. The CYFD alleged that the children were subjects of abuse and neglect. The mother was accused of failing to protect her children from harm, specifically from domestic violence perpetrated by the father, Johnny F. The mother contended that she was a victim of domestic violence herself and did everything within her power to protect her children from harm.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the evidence was sufficient to support the adjudication of abuse and neglect against the mother.
• Respondent-Appellant (Mother): Contended she was a victim of domestic violence who did everything possible to protect her children from harm. She argued that her mental state as a victim should be considered and that she was likely to have been physically harmed had she attempted to prevent the father from abusing the children.

Legal Issues

• Whether the evidence was sufficient to support the adjudication of abuse and neglect as to the mother.
• Whether the mother was denied due process because the district court did not allow her to fully cross-examine one of the children regarding the child's improper use of the computer and her mental state.

Disposition

• The appeal was affirmed, supporting the district court's adjudicatory order of abuse and neglect against the mother.

Reasons

• The panel, consisting of Judges Kristina Bogardus, Jacqueline R. Medina, and Jane B. Yohalem, unanimously affirmed the district court's decision. The court found that the mother's appeal essentially requested a reweighing of the evidence, which is not permissible on appeal. The appellate court adheres to a narrow standard of review, viewing the evidence in the light most favorable to the prevailing party and not reweighing the evidence (para 2). The court concluded that the evidence presented was sufficient to support the adjudication of abuse and neglect as to the mother. Regarding the due process claim, the court found that the mother's memorandum in opposition did not address the concerns identified in the notice of proposed disposition and that she had not demonstrated district court error concerning the child's competency to testify or the relevance of additional testimony on the father's use of reasonable discipline (para 3).