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 Children, Youth and Families Department (CYFD) filed a petition alleging that three children were abused and neglected by their mother and fathers. The district court found clear and convincing evidence of abuse and neglect by the mother, leading to the children being placed in the legal custody of CYFD and subsequently with their maternal grandparents. Two years later, CYFD moved to terminate the mother's parental rights, which the district court granted after finding the causes and conditions of the mother's abuse and neglect were unlikely to change despite CYFD's reasonable efforts to assist her (paras 2-3).

Procedural History

• District Court, February 10, 2016: Found clear and convincing evidence of abuse and neglect by the mother and placed the children in CYFD's legal custody (para 3).

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the mother abused and neglected the children, and despite CYFD's reasonable efforts, the conditions leading to the abuse and neglect were unlikely to change in the foreseeable future (para 3).
• Respondent-Appellant (Mother): Contended that there was insufficient evidence of abuse and neglect, that CYFD did not make reasonable efforts to assist her, and that permanent guardianship with the grandparents would have better served the children's needs (para 4).

Legal Issues

• Whether there was sufficient evidence to support the district court’s adjudication that the children were abused and neglected.
• Whether there was sufficient evidence to support the district court’s finding that CYFD made reasonable efforts to assist the mother in ameliorating the causes of her abuse and neglect of the children.
• Whether the district court improperly terminated the mother's parental rights when permanent guardianship with the grandparents would have better served the children's needs.

Disposition

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

Reasons

• MEDINA, Judge, JULIE J. VARGAS, Judge, M. MONICA ZAMORA, Judge (specially concurring):
  The court found substantial evidence supported the adjudication of abuse and neglect, noting the mother's substance abuse, domestic violence in the children's presence, and out-of-control behavior negatively impacted her ability to ensure the children's safety and well-being (paras 6-7).
  The court determined that substantial evidence supported the finding that CYFD made reasonable efforts to assist the mother, including referrals to services for drug testing, counseling, and visitations with the children, as well as assistance in completing a required psychosocial evaluation (paras 10-16).
  The court concluded that the district court was not required to order permanent guardianship instead of terminating the mother's parental rights, noting that CYFD initially pursued permanent guardianship but later decided that adoption by the grandparents would be more beneficial for the children given the mother's continued lack of progress (paras 19-21).
  Judge M. MONICA ZAMORA specially concurred, agreeing with the majority's conclusions but expressing concern that the court should not have addressed the mother's argument regarding the sufficiency of evidence for the abuse and neglect finding due to procedural issues (paras 24-29).