7 N.M. 209
N.M. Ct. App.2014Background
- Guardian (paternal aunt) was appointed kinship guardian of two children under the Kinship Guardianship Act (KGA) in 2007; children lived with her until CYFD took custody in June 2010.
- CYFD filed abuse-and-neglect (ANA) proceedings in 2010 against parents and Guardian; the children’s court initially ordered a treatment/reunification plan that included Guardian.
- In Feb. 2012 CYFD changed the permanency plan to adoption and moved to dismiss Guardian from the ANA proceedings while pursuing termination of the parents’ rights.
- At a May 8, 2012 hearing the children’s court applied relaxed evidentiary rules, granted CYFD’s motion, and dismissed Guardian from the ANA case without conducting a KGA revocation hearing.
- The Court of Appeals reversed, holding Guardian was a necessary and indispensable party; the Supreme Court granted certiorari and affirmed the result on different grounds.
Issues
| Issue | Children, Youth & Families Dep't (CYFD) / Petitioner | Guardian / Court of Appeals | Held |
|---|---|---|---|
| Whether a kinship guardian may be involuntarily dismissed from ANA proceedings without first revoking the guardianship under the KGA | Omit guardians from termination procedures; guardians need not remain because they lack parental rights to terminate | Guardianship confers parental-like rights; must be party until revocation | Kinship guardians are not "necessary and indispensable" under Rule 1-019 but are entitled to a KGA revocation hearing (with Rules of Evidence) before involuntary dismissal |
| Whether the children’s court had jurisdiction to revoke a KGA guardianship appointed by family court during ANA proceedings | Children’s court lacks jurisdiction to revoke; only appointing family court retains jurisdiction | Children’s court may exercise concurrent jurisdiction in ANA proceedings to hear revocation motions | Family and children’s courts have continuing concurrent jurisdiction; children’s court may conduct KGA revocation hearings during ANA cases |
| Standard and process for revoking kinship guardianship during ANA proceedings | Apply KGA revocation standard in family court separately; no special evidentiary rules needed in children’s court | Revocation requires full evidentiary hearing under KGA and Rules of Evidence; must be done before dismissal | Revocation must follow KGA: movant proves by preponderance that circumstances changed and revocation is in child’s best interest; evidentiary hearing and Rules of Evidence apply |
| Whether Father’s due process rights were violated by dismissal of Guardian without notice or opportunity | CYFD/children’s court: Father had opportunity and did not preserve claim | Father: dismissal impaired his ability to seek reunification with relative; constitutional liberty interests implicated | Court did not decide the due-process claim on the merits; held it unnecessary given ruling that Guardian is entitled to revocation hearing where Father may participate |
Key Cases Cited
- State ex rel. Children, Youth & Families Dep't v. Djamila B. (In re Mahdjid B.), 322 P.3d 444 (N.M. Ct. App. 2014) (Court of Appeals reversed dismissal of kinship guardian)
- Griego v. Oliver, 316 P.3d 865 (N.M. 2014) (statutory interpretation: primary goal to effectuate legislative intent)
- State ex rel. Children, Youth & Families Dep't v. Maria C. (In re Rudolfo L.), 94 P.3d 796 (N.M. Ct. App. 2004) (ANA procedures form a continuum protecting family unity)
- Freedom C. v. Brian D. (In re Guardianship of Patrick D.), 280 P.3d 909 (N.M. 2012) (statutory plain-language analysis in guardianship context)
- State v. Rivera, 82 P.3d 939 (N.M. 2004) (interpret statutes in the context of a comprehensive legislative scheme)