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, referred to as Diana O., concerning her child, Genesis R. The Children, Youth & Families Department (CYFD) initiated the proceedings, alleging neglect and the unlikelihood of change in the foreseeable future despite reasonable efforts to assist the mother. The mother suffers from severe mental health issues requiring psychiatric medication management (paras 1-3).
Procedural History
- District Court of Chaves County: Termination of Diana O.'s parental rights.
Parties' Submissions
- Appellant: The mother argued that the evidence was insufficient to support the termination of her parental rights. She claimed that CYFD failed to make reasonable efforts to assist her, particularly by not including specific protections under the Americans with Disabilities Act (ADA) in her treatment plan (paras 2-3).
- Respondent: [Not applicable or not found]
Legal Issues
- Whether the evidence was sufficient to support the termination of the mother's parental rights.
- Whether CYFD made reasonable efforts to assist the mother, including compliance with the ADA.
Disposition
- The New Mexico Court of Appeals affirmed the termination of the mother's parental rights (para 1).
Reasons
Per Duffy J. (Medina C.J. and Yohalem J. concurring):
The court found that the mother did not preserve the ADA argument at the trial level, which precluded its consideration on appeal. The court emphasized that the burden to raise and argue ADA issues lies with the parent and their counsel, and the mother failed to demonstrate that the issue was preserved below (paras 4-5). The court also determined that CYFD's efforts were reasonable, as the treatment plan included provisions for mental health assessment, therapy, and medication management. The court noted that its role was to assess whether CYFD complied with the minimum legal requirements, not whether it did everything possible (paras 6-8).