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 & Families Department (CYFD) received two referrals regarding allegations of physical and emotional abuse and neglect of two children, E.B. and E.B., who are eligible for membership in the Choctaw Nation of Oklahoma. An investigation revealed that the children's mother was under the influence of methamphetamines and had threatened one of the children with a knife. Initially, a safety plan was agreed upon for the children to reside with their Maternal Aunt. However, the children were later found living with their Maternal Grandmother, contrary to the safety plan. CYFD was unable to contact the children's mother or assess the grandmother's home for safety, leading to the children being placed in CYFD custody and subsequently in a non-relative, non-Indian foster placement. Both parents and the children tested positive for methamphetamines.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Respondent-Appellant (Father): Argued that CYFD failed to make active efforts to prevent the breakup of the Indian family as required by the Indian Child Welfare Act (ICWA) and the New Mexico Indian Family Protection Act (IFPA) when removing the children from their Maternal Grandmother's care and that CYFD did not show clear and convincing evidence of good cause not to comply with placement preferences under ICWA and IFPA.
• Petitioner-Appellee (CYFD): Contended that substantial evidence supported the district court's finding that it made active efforts to prevent the breakup of the Indian family and that there was clear and convincing evidence of good cause to deviate from placement preferences.

Legal Issues

• Whether CYFD conducted active efforts to prevent the breakup of the Indian family when removing the children from their Maternal Grandmother's physical care.
• Whether there was clear and convincing evidence of good cause not to comply with placement preferences pursuant to ICWA and IFPA.

Disposition

• The Court of Appeals affirmed the district court's adjudication of abuse and neglect, finding no error in CYFD's actions regarding active efforts and compliance with placement preferences.

Reasons

• The Court of Appeals, led by Judge Bogardus, with Judges Medina and Duffy concurring, found substantial evidence supporting the district court's conclusion that CYFD made active efforts to prevent the breakup of the Indian family at the time the children were removed from their Maternal Grandmother's physical care (paras 10-25). The court noted CYFD's attempts to develop a safety plan, conduct drug screenings, and its efforts to contact and work with the children's family members, including the Maternal Grandmother, Maternal Aunt, and the children's tribe, the Choctaw Nation of Oklahoma. Despite these efforts, the family did not cooperate, and the children were placed in a non-relative foster home after testing positive for methamphetamines. The court also found that good cause existed to deviate from ICWA placement preferences due to the unavailability of suitable family placements at the time of removal and the need to ensure the children's safety and well-being (paras 26-30).