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

• Parents brought their one-month-old child to the hospital with two red marks on his head and swelling, leading to the discovery of a fractured skull, a subdural hematoma, and two parallel rib fractures on each side of the child's body. The mother claimed the injuries occurred when she accidentally fell asleep while breastfeeding, causing the child to fall. Both parents denied knowing how the rib fractures occurred. Medical experts testified that the injuries were inconsistent with a fall and indicated physical abuse.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee (Children, Youth & Families Department): Argued that the child was abused by the mother and neglected by both parents, presenting evidence of the child's injuries and expert testimony on the nature of these injuries.
• Respondent-Appellant (Elvia D., Mother): Claimed that the child's injuries were the result of an accidental fall and denied causing the rib fractures.
• Respondent-Appellant (Brandon E., Father): Testified that he was unaware of how the child's injuries occurred and believed the mother's account of an accidental fall.

Legal Issues

• Whether the district court erred in adjudicating the child as abused by the mother and neglected by both parents under NMSA 1978, Section 32A-4-2(B)(2) and Section 32A-4-2(G)(3).

Disposition

• The district court's adjudication of abuse of the child by the mother and neglect of the child by both parents was affirmed.

Reasons

• The Court, per Judge Yohalem, with Judges Attrep and Zamora concurring, found substantial evidence supporting the district court's findings. The medical experts' testimony that the child's injuries were inconsistent with the mother's account and indicative of abuse was persuasive. The court rejected the mother's argument that the district court needed to identify a specific perpetrator for an abuse finding under Section 32A-4-2(B)(2), noting the court had clearly identified the mother as the abuser. The court also found substantial evidence of neglect by both parents, as they failed to take reasonable steps to protect the child from further harm, despite knowing or having reason to know of the abuse. The father's refusal to acknowledge the mother's abuse and his actions to deflect suspicion were specifically noted as evidence of neglect.