5 N.M. 378
N.M. Ct. App.2013Background
- CYFD filed a petition alleging abuse/neglect by Mother; Father was not initially a party.
- Mother adjudicated abused/neglected; a treatment plan for Mother was ordered in 2010; Father was added in 2011 and incarcerated for related charges.
- Initial permanency hearings in 2011 approved an adoption plan for the two children; Father did not receive notice of these hearings.
- CYFD moved to terminate parental rights in Oct. 2011, alleging abandonment and abuse/neglect; Father’s attorney moved to dismiss abuse/neglect pleadings due to lack of adjudication.
- The court dismissed abuse/neglect but allowed termination proceedings on abandonment; on Sep. 25, 2012, Father’s rights were terminated based on abandonment.
- Appellate court upheld termination, finding no due process violation from lack of notice at permanency hearings because abandonment was independently proven and permanency procedures for abuse/neglect did not apply to Father.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of notice at permanency hearings violated due process | Father contends notice/participation at permanency hearings could have affected outcome. | CYFD argues permanency hearings were not the basis for termination and evidence supported abandonment. | No due process violation; abandonment supported termination despite lack of permanency-hearing notice. |
Key Cases Cited
- State ex rel. Children, Youth & Families Dep’t v. Mafin M., 133 N.M. 827, 70 P.3d 1266 (NMSC 2003) (due process in termination proceedings; Mathews balancing framework)
- State ex rel. Children, Youth & Families Dep’t v. Ruth Anne E., 126 N.M. 670, 974 P.2d 164 (NMCA 1999) (parents’ due process right to participate in termination hearings)
- Maria C. v. State ex rel. CYFD, 136 N.M. 53, 94 P.3d 796 (NMCA 2004) (right to participate at permanency hearings; potential defense impact)
- Benjamin O. v. State ex rel. CYFD, 146 N.M. 60, 206 P.3d 171 (NMCA 2009) (abandonment framework; permanency safeguards absence)
- In re C.P., 103 N.M. 617, 711 P.2d 894 (NMCA 1985) (standards distinguishing abandonment from abuse/neglect)
- In re Adoption of Doe, 99 N.M. 278, 657 P.2d 134 (NMCA 1982) (abandonment indicators and court’s focus on withdrawal of support)
- State ex rel. CYFD v. Browind C., 141 N.M. 166, 152 P.3d 153 (NMCA 2007) (permanency planning purposes; what permanency hearing advances)
- In re Ernesto M., Jr., 121 N.M. 562, 915 P.2d 318 (NMCA 1996) (preclusion of prejudice claims in termination context)