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 termination of parental rights of Sheyenne M. (Mother) to her child (Child), who was adjudicated as neglected in January 2022 following a petition filed by the New Mexico Children, Youth and Families Department (CYFD) in October 2021. The petition highlighted that Child tested positive for narcotics at birth in April 2021, Mother was not engaged in a substance abuse treatment program despite being provided with resources, Child was not attending early intervention services, and Mother had not provided necessary paperwork for Child's care by relatives. Mother was incarcerated in November 2021 and remained so throughout the proceedings, with an expected sentence of at least five years. In April 2022, CYFD filed a motion to terminate Mother’s parental rights, which the district court granted in October 2022 (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the conditions of neglect that led to Child being in CYFD custody were unlikely to change in the foreseeable future despite reasonable efforts to assist Mother in addressing the conditions rendering her unable to care for Child. Asserted that terminating Mother’s parental rights was in Child's best interests (para 2).
• Respondent-Appellant (Mother): Contended that CYFD failed to make reasonable efforts to allow her to comply with her required treatment plan and did not consider a guardianship placement for Child with a preferred family member. Argued that her incarceration and the COVID-19 pandemic limited her access to services, preventing her from complying with her treatment plan (paras 3, 12).

Legal Issues

• Whether CYFD made reasonable efforts to assist Mother in complying with her required treatment plan.
• Whether CYFD failed to consider a guardianship placement for Child with a preferred family member before terminating Mother's parental rights.

Disposition

• The Court of Appeals affirmed the district court's judgment terminating Mother's parental rights to Child (para 1).

Reasons

• The Court of Appeals, with Judges J. Miles Hanisee, Kristina Bogardus, and Katherine A. Wray concurring, upheld the district court's decision. The court found substantial evidence supporting the district court's conclusion that CYFD made reasonable efforts to assist Mother, considering the totality of circumstances, including Mother's incarceration and the impact of the COVID-19 pandemic on available services. The court noted CYFD's efforts to facilitate Mother's compliance with her treatment plan, such as arranging visits with Child, attempting to schedule video visitations, and referring Mother to substance abuse and parenting classes despite pandemic restrictions. The court also addressed the argument regarding the placement of Child with a family member, noting that CYFD did consider and prioritize Child’s placement with relatives, but decided against guardianship based on various factors including Child’s age, the length of Mother’s anticipated incarceration, and the lack of a bond between Mother and Child. The court found no error in CYFD's decision to place Child with Mother’s cousin rather than the maternal grandparents, citing concerns related to the grandparents' home environment (paras 3-14).