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 a mother's parental rights to her child, Noha L.M. The Children, Youth & Families Department (CYFD) initiated proceedings against the mother, Karla C., leading to a legal battle over the custody and welfare of the child. The mother failed to attend a meeting set up by CYFD with a potential resource parent and was also late to another meeting intended to investigate a second potential resource parent, which ultimately did not take place (para 5).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (CYFD): Argued that the mother's parental rights should be terminated due to neglect, asserting that they had made reasonable efforts to address the situation but were hindered by the mother's lack of cooperation.
• Respondent-Appellant (Mother): Contended that CYFD improperly shifted the burden of proof onto her and failed to fully dispose of all facts and issues of law. She also argued that there was insufficient evidence to support the adjudication of neglect and that CYFD did not meet its burden of showing neglect by clear and convincing evidence. Additionally, the mother claimed she had provided CYFD with two potential resource parents, which CYFD failed to adequately follow up on (paras 2-5).

Legal Issues

• Whether the Children, Youth & Families Department (CYFD) improperly shifted the burden of proof onto the mother.
• Whether there was sufficient evidence to support the adjudication of neglect and the termination of the mother's parental rights.
• Whether CYFD made reasonable efforts to investigate potential resource parents provided by the mother.

Disposition

• The New Mexico Court of Appeals affirmed the termination of the mother's parental rights (para 6).

Reasons

• The Court, consisting of Judges Jane B. Yohalem, Jennifer L. Attrep, and Jacqueline R. Medina, found the mother's arguments in her memorandum in opposition insufficient to alter the proposed disposition of the case. The Court concluded that the mother did not dispute the facts or law upon which the proposed analysis relied, nor did she provide new facts or legal citations to support her claims. The Court also determined that the evidence presented supported the district court’s adjudication of neglect and its decision to terminate the mother's parental rights. Regarding the mother's claim about potential resource parents, the Court found that CYFD was only required to make reasonable efforts, which were not subject to conditions unilaterally imposed by the parent. The Court deemed the mother's motion to amend the docketing statement as not viable, based on the facts presented and the legal standards for reasonable efforts by CYFD (paras 1-6).