State Ex Rel. Children Youth & Families Department v. Arthur C.
2011 NMCA 22
N.M. Ct. App.2011Background
- CYFD petitioned for abuse/neglect as to Angelina; Arthur and Angelina were placed in CYFD custody after a November 2007 domestic violence incident; Angelina born November 2008 also placed in CYFD custody; Mother and Father did not comply with treatment plan and engaged in ongoing domestic violence and substance abuse; adjudication and initial hearings were delayed due to notice/disclosures, with a re-convened adjudicatory hearing in Sept/Oct 2009 and TPR proceedings; district court terminated parental rights in February 2010 after finding abuse/neglect and active CYFD efforts; Father appeals arguing dismissal for timeliness, sufficiency of evidence as to Angelina, and active efforts under ICWA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness: whether adjudicatory hearing violated time limits | Father argues Rule 10-320/32A-4-19 require dismissal for delay | CYFD contends amended Rule 10-343 governs discretion to dismiss | Rule 10-343 applies; no abuse of discretion in denying dismissal |
| Sufficiency: Angelina's abuse/neglect evidence | Angelina was abused/neglected based on sibling harm and domestic violence history | Evidence insufficient to prove abuse/neglect beyond reasonable doubt | There was sufficient evidence to support abuse/neglect finding for Angelina |
| Active efforts: CYFD's compliance with ICWA remedial services | CYFD made active efforts to provide remedial services | Father preserved issue; CYFD failed to meet ICWA requirements | There was sufficient evidence of CYFD’s active efforts beyond a reasonable doubt |
| Overall termination standard and ICWA application | Grounds for termination met beyond a reasonable doubt; ICWA standard applied | Process and standards disputed | Termination of parental rights affirmed for Angelina and Arthur |
Key Cases Cited
- State ex rel. Children, Youth & Families Dep't v. Paul P., Jr., 127 N.M. 492, 983 P.2d 1011 (1999-NMCA-077) (statutory interpretation; fix timing issues under Children’s Code)
- State v. Erickson K., 132 N.M. 258, 46 P.3d 1258 (2002-NMCA-058) (de novo review of statutory interpretation and application)
- State v. Adam M., 124 N.M. 505, 953 P.2d 40 (1998-NMCA-014) (clean framework for reviewing child-abuse/neglect findings)
- In re Pamela A.G., 139 N.M. 459, 134 P.3d 746 (2006-NMSC-019) (fundamental liberty interest in parental rights; ICWA considerations)
- Grassie v. Roswell Hosp. Corp., 144 N.M. 241, 185 P.3d 1091 (2008-NMCA-076) (conflict between procedural rules and statutes; rule control when no fatal conflict)