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 State of New Mexico's allegations against Larissa O.-H., accusing her of abusing and neglecting her three children. During a home visit by the Children, Youth & Families Department (CYFD), fentanyl was discovered, leading to the legal proceedings against the respondent.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Respondent-Appellant: Argued that the exclusionary rule should prevent the district court from considering the discovery of fentanyl during a home visit and claimed that there was insufficient evidence to support the findings of abuse and neglect.
• Petitioner-Appellee: [Not applicable or not found]

Legal Issues

• Whether the exclusionary rule applies in abuse and neglect proceedings.
• Whether there was sufficient evidence to support the district court's findings of abuse and neglect.

Disposition

• The Court of Appeals affirmed the district court's finding that Larissa O.-H. abused and neglected her three children.

Reasons

• Per Ives, J., with Jennifer L. Attrep, Chief Judge, and Katherine A. Wray, Judge, concurring:
  The court declined to reconsider its holding in State of New Mexico ex rel. Children Youth & Families Department v. Michael T., which established that the exclusionary rule does not apply in abuse and neglect proceedings, as the respondent failed to address the necessary factors for overturning a decision (para 2).
  The court found sufficient evidence to support the district court's findings of abuse and neglect, noting that the respondent did not address other facts beyond the presence of illicit substances that were considered in the proposed disposition (para 3).