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

• Child was taken into custody by CYFD due to allegations of physical neglect and lack of adequate supervision by Mother, who was arrested on outstanding warrants. Father was incarcerated at the time due to a DWI arrest and was later deported to Mexico. Father participated in a treatment plan developed by CYFD, which included completing substance abuse, mental health assessments, and maintaining contact with CYFD. Despite efforts to comply with the treatment plan from Mexico, including participating in a psychological evaluation and a home study, CYFD moved to terminate Father's parental rights, citing non-compliance with the treatment plan and abandonment of Child.

Procedural History

• District Court of Bernalillo County: Terminated Father's parental rights under two statutory provisions of the Abuse and Neglect Act, finding that Father abandoned Child and did not alleviate the conditions of neglect.

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that Father abandoned Child, failed to comply with the treatment plan, and did not alleviate the conditions of neglect. Contended that Father's deportation and lack of direct communication with Child supported termination.
• Respondent-Appellant (Father): Challenged the termination, arguing that clear and convincing evidence did not support findings of abandonment or neglect. Contended that CYFD failed to make reasonable efforts to assist him in adjusting conditions that rendered him unable to care for Child and violated his due process rights by not providing adequate translation services.

Legal Issues

• Whether the district court's termination of Father's parental rights for abandonment under Section 32A-4-28(B)(1) was proper.
• Whether clear and convincing evidence supported the district court's finding that the causes and conditions of neglect were unlikely to change in the foreseeable future.
• Whether CYFD made reasonable efforts to assist Father in adjusting the conditions that rendered him unable to properly care for Child.

Disposition

• The Court of Appeals reversed the district court’s termination of Father’s parental rights on the grounds of abandonment and insufficient evidence to support that the causes and conditions of neglect were unlikely to change in the foreseeable future. The case was remanded for further proceedings.

Reasons

• The Court of Appeals held that the Supreme Court’s opinion in In re Grace H. rendered the district court’s termination of Father’s parental rights for abandonment under Section 32A-4-28(B)(1) improper. The record did not support, by clear and convincing evidence, that the causes and conditions of neglect were unlikely to change in the foreseeable future or that CYFD made reasonable efforts to assist Father. The court found CYFD's efforts following Father's deportation insufficient and noted the lack of evidence regarding Father's current condition and ability to alleviate the causes and conditions of neglect. The court also criticized the reliance on a language barrier between Father and Child as a significant factor in determining Child's best interests without substantial evidence to support such a conclusion.