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 (the Department) filed an abuse and neglect petition against Elisa L. (Mother) concerning her two children, P.P. and Z.L.J., due to exposure to domestic violence and substance abuse. The Department's investigation revealed concerns about alcohol abuse, domestic violence, unsafe living conditions, and neglect, including insufficient food and clothing for the children, as well as Mother's failure to engage with the children's educational needs. Prior referrals related to substance abuse and domestic violence had been made, with attempts to assist Mother through various services (paras 2-6).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• • Petitioner-Appellee (The Department): Argued that they made reasonable efforts to assist Mother in addressing the causes and conditions of neglect by referring her to various treatment and support services, including substance abuse assessments, domestic violence, parenting, and mental health assessments, and by attempting to secure safe and stable housing for her (paras 9, 12-28).
• • Respondent-Appellant (Mother): Contended that the Department's efforts were unreasonable because it failed to refer her to an inpatient treatment program, which she believed was necessary to address her substance abuse issues and related challenges, including homelessness and lack of transportation (para 11).

Legal Issues

• Whether the district court erred in finding that the New Mexico Children, Youth and Families Department made reasonable efforts to assist Mother in addressing the causes and conditions of her neglect of the children (para 9).

Disposition

• The Court of Appeals affirmed the district court's termination of Mother's parental rights, finding no error in the determination that the Department made reasonable efforts to assist Mother (para 9).

Reasons

• The Court of Appeals, per Judge Vargas, with Judges Duffy and Henderson concurring, held that substantial evidence supported the district court's finding that the Department's efforts were reasonable. The Department had referred Mother to multiple assessments and treatments for substance abuse, domestic violence, parenting, and mental health issues. Despite these efforts, Mother failed to engage with the recommended services, did not maintain consistent contact with the Department, and did not complete any self-referred inpatient treatment programs. The Court considered the totality of the circumstances, including Mother's lack of cooperation and failure to take advantage of the services offered, in affirming the termination of parental rights (paras 10-32).