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 parental rights of a mother (Mother) to her child (Child) by the New Mexico Court of Appeals. The Child was placed in the custody of the Children, Youth & Families Department (CYFD) due to unsafe living conditions and neglect. The Mother failed to secure stable housing and employment, which were conditions of her treatment plan to regain custody (paras 2-18).
Procedural History
- District Court, June 2022: The court adjudicated the Child as neglected and granted CYFD legal custody for up to two years, subject to judicial review (para 7).
Parties' Submissions
- Appellant: Mother argued that the district court's findings regarding her housing and employment were speculative and insufficient to justify the termination of her parental rights (para 19).
- Respondent: CYFD contended that the Mother failed to meet the conditions of her treatment plan, particularly in securing stable housing and employment, and that these conditions were unlikely to change in the foreseeable future (paras 22-24).
Legal Issues
- Was there sufficient evidence to support the district court's findings regarding the Mother's housing and employment?
- Were the conditions and causes of the Child's neglect unlikely to change in the foreseeable future?
Disposition
- The New Mexico Court of Appeals affirmed the district court's decision to terminate the Mother's parental rights (para 34).
Reasons
Per Medina J. (Hanisee and Yohalem JJ. concurring):
The court found that CYFD presented clear and convincing evidence that the Mother failed to secure safe and stable housing and employment. The evidence showed that the Mother continued to reside in an unsafe environment and did not maintain stable employment. The court determined that the conditions and causes of neglect were unlikely to change in the foreseeable future, justifying the termination of parental rights. The court emphasized the importance of the Child's welfare and the likelihood of adoption if parental rights were terminated (paras 22-33).