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 January 2018, the Children, Youth, and Families Department (CYFD) took custody of three children after they tested positive for methamphetamine. The mother entered a no contest plea to neglect, and a case plan was implemented requiring her to complete various rehabilitative measures. Despite efforts, the mother made little progress, leading CYFD to file a motion to terminate her parental rights due to her inability to provide proper care and the unlikelihood of change in the foreseeable future (paras 2-3).

Procedural History

• District Court, April 2018: Found the mother had neglected the children and ordered CYFD custody with a case plan for the mother (para 2).
• District Court, December 2018: Found the mother made little progress on her case plan, relieving CYFD from making reasonable efforts to implement the case plan (para 3).

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued the mother was unable or unwilling to provide proper parental care for the children and that it was unlikely this situation would change in the foreseeable future (para 3).
• Respondent-Appellant (Mother): Contended that by the time of the termination of parental rights (TPR) hearing, she had turned her life around and, with a little assistance, would shortly be in a position to parent the children. She also argued the district court abused its discretion in failing to reverse its futility finding and allow her more time to remedy the causes and conditions of her neglect of the children with help from CYFD (para 5).

Legal Issues

• Whether the district court erred in finding the conditions and causes of the children’s neglect were unlikely to change in the foreseeable future.
• Whether the district court abused its discretion in failing to reverse its futility finding and not allowing the mother more time to remedy the causes and conditions of her neglect with CYFD's assistance.

Disposition

• The New Mexico Court of Appeals affirmed the district court's judgment terminating the mother's parental rights to her children (para 1).

Reasons

• The Court of Appeals, per B. Zamora, J., with Linda M. Vanzi, J., and Jacqueline R. Medina, J., concurring, found substantial evidence supported the district court's findings. Despite the mother's progress in early 2019, she had not completed her case plan nor demonstrated an understanding of how her past behavior affected the children. The court noted the mother's sporadic visitation, incomplete parenting classes, and lack of stable housing. The court concluded that the mother's recent progress did not sufficiently demonstrate that the causes and conditions of neglect were likely to change in the foreseeable future. Additionally, the court found substantial evidence supporting the district court's futility finding, given the mother's little progress over eight months and her failure to complete referrals and attend counseling and treatment (paras 8-11).