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 Christina L. (Mother) to her child, Justin L. (Child). The Children, Youth & Families Department (CYFD) had been involved with the family since 2006 due to multiple allegations of abuse and neglect. The Child was placed in foster care but was reunified with Mother in 2008. Subsequent petitions for abuse and neglect were filed in 2009 and 2014, with the Child being placed back into foster care each time. The most recent petition in 2016 alleged abuse and neglect due to ongoing domestic violence issues in Mother's home, unsanitary living conditions, and Mother's mental health diagnosis impacting her ability to care for the Child (paras 2-6).

Procedural History

• State ex rel. Children, Youth & Families Dep’t v. Christina L., No. 31,151, mem. op. 12 (N.M. Ct. App. Sept. 18, 2012) (non-precedential): The 2009 adjudication of abuse and neglect was reversed, and Mother’s parental rights were reinstated, although the Child remained in CYFD custody.
• State ex rel. Children, Youth & Families Dep’t v. Christina L., 2015-NMCA-115, 362 P.3d 155: The 2014 adjudication of abuse and neglect was reversed.
• State ex rel. Children, Youth & Families Dep’t v. Christina L., No. 36,484, mem. op. (N.M. Ct. App. Nov. 21, 2017) (non-precedential): The adjudication of abuse and neglect from the 2016 petition was affirmed.

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that Mother failed to make significant progress in fulfilling the court-ordered treatment plan, which included participating in individual therapy, obtaining parenting skills, maintaining a safe living environment, and participating in Child’s health-related appointments (para 9).
• Respondent-Appellant (Mother): Testified about her treatment progress and offered explanations for issues raised during the hearing. She stated her current living situation and her plans if the Child were returned to her custody. Mother also admitted to allowing a person she had accused of assault into her home but claimed it was for her protection (para 30-32).

Legal Issues

• Whether there was sufficient evidence that Mother was unlikely to change the conditions and causes of her abuse and neglect of Child in the foreseeable future.
• Whether CYFD made reasonable efforts to reunify the family.
• Whether the district court failed to explore alternatives to the termination of parental rights.

Disposition

• The district court’s termination of Mother’s parental rights to Child was affirmed (para 63).

Reasons

• The Court found substantial evidence that the conditions and causes of Mother’s abuse and neglect were unlikely to change in the foreseeable future despite CYFD’s reasonable efforts to assist her. The evidence showed Mother continued to exhibit an inability to appropriately identify and avoid dangerous situations, did not appreciate the effect her decisions could have on Child, and failed to cooperate with CYFD regarding her relationships and living arrangements. The Court also concluded that CYFD made reasonable efforts to assist Mother, including setting up psychological evaluations, facilitating visitation between Mother and Child, and referring Mother to therapy. The Court rejected Mother’s argument that the district court should have considered less drastic alternatives to termination, noting that CYFD had previously proposed permanent guardianship, which the district court rejected in favor of adoption (paras 34-62).