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 New Mexico Children, Youth, and Families Department (CYFD) took custody of three children due to allegations of abuse and neglect by their mother, Dustin G. The mother was accused of substance abuse, mental health issues, and housing instability, leading to the neglect of her children. Despite a treatment plan aimed at reunification, the mother failed to comply with the required steps, including substance abuse treatment and maintaining contact with CYFD, prompting CYFD to file a motion to terminate her parental rights.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that they made reasonable efforts to assist the mother in adjusting the causes and conditions of the children's neglect, but further efforts would be futile due to the mother's consistent failure to comply with the treatment plan and address her substance abuse issues.
• Respondent-Appellant (Mother): Contended that CYFD did not make reasonable efforts to assist her, specifically in addressing her mental health and addiction issues, obtaining federal disability benefits, and finding appropriate housing. She also argued that the time before moving to terminate her parental rights was insufficient to demonstrate reasonable efforts and that CYFD did not sufficiently explore the possibility of awarding permanent guardianship to the grandparents.

Legal Issues

• Whether the district court erred in finding that CYFD made reasonable efforts to assist the mother in adjusting the causes and conditions of the children's neglect.
• Whether further efforts by CYFD to assist the mother would be futile.

Disposition

• The district court's judgment terminating the mother's parental rights to the children was affirmed.

Reasons

• Per Julie J. Vargas, with Linda M. Vanzi and Jennifer L. Attrep concurring, the court found substantial evidence supporting the district court's decision. The court highlighted the mother's failure to comply with the treatment plan, particularly in addressing her substance abuse issues, despite CYFD's efforts to assist her. The court also noted that CYFD provided or made available services and support designed to correct the mother's inability or unwillingness to provide proper parental care. The court was not persuaded by the mother's arguments regarding CYFD's efforts, including the provision of mental health and addiction services, assistance with federal disability benefits, and help in finding appropriate housing. The court concluded that CYFD made reasonable efforts to assist the mother and that further efforts would be futile, given the mother's consistent failure to engage with the provided services and address the issues leading to the children's neglect (paras 1-28).