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) filed two abuse and neglect petitions against the mother of a child, alleging physical, emotional, and psychological abuse, and neglect in the form of failure to provide proper parental care. The mother fled the state with the child after the first petition was filed but eventually relinquished custody. The child was initially given to the father but was returned to the mother, leading to a second petition by CYFD. The child was later taken from the mother's custody by Oregon officials and returned to New Mexico. The district court terminated the mother's parental rights after a trial (paras 2-5).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the child was subjected to abuse and neglect by the mother, necessitating the termination of her parental rights for the child's best interests (paras 2-5).
• Respondent-Appellant (Mother): Contended that the district court lacked jurisdiction over the child, substantial evidence did not support the termination of her parental rights, and her constitutional right to due process was violated due to the lack of attorney representation during the termination hearing (para 1).

Legal Issues

• Whether the district court had jurisdiction over the child when the second abuse and neglect petition was filed.
• Whether substantial evidence supported the district court’s termination of the mother’s parental rights.
• Whether the mother’s constitutional right to due process was violated by failing to provide an attorney during the termination of parental rights hearing.

Disposition

• The district court's decision to terminate the mother's parental rights was affirmed (para 22).

Reasons

• The Court of Appeals held that New Mexico had jurisdiction over the child at the time of both the first and second petitions under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), despite the mother's relocation to Oregon. The court found substantial evidence of abuse and neglect, including testimony about the mother's abusive behavior and failure to provide medical care. The court also concluded that the mother invited error by choosing to proceed pro se during the termination of parental rights (TPR) hearing, having been appointed counsel previously but electing to represent herself after her final appointed counsel withdrew. The court addressed and dismissed the mother's additional procedural due process arguments as either previously resolved or inadequately preserved for appeal (paras 6-21).