How cited: State Ex Rel. Children, Youth & Families Department v. Marlene C. · Go Syfert

State Ex Rel. Children, Youth & Families Department v. Marlene C. (2011)

green · 102 citation events across 8 courts. Showing the 15 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2011 → 2026 · click a year to view the case as of then
201120182026
Rule Authority · N.M. · 2 citations in this opinion
“The text of ICWA is the primary indicator of congressional intent, and to the extent that the language of the statute is clear and unambiguous, we must give effect to that language and refrain from further statutory interpretation.” Esther V., 2011-NMSC-005, ¶ 15 (internal quotation marks and citation omitted).
Rule Authority · N.M. Ct. App. · signal: cf. · 2 citations in this opinion
Cf. Marlene C., 2011-NMSC-005, ¶ 18 (considering federally promulgated guidelines when interpreting ambiguities in ICWA).
Rule Authority · N.M. Ct. App.
As our Supreme Court has observed, ICWA “is a remedial statute in that it was enacted to stem the ‘alarmingly high percentage of Indian families’ being separated by removal of children through custody proceedings.” Marlene C., 2011-NMSC-005, ¶17 (quoting 25 U.S.C. § 1901 (4)).
Rule Authority · N.M. Ct. App.
Marlene C., 2011-NMSC-005, ¶ 17 (internal quotation marks and citation omitted). 4 ICWA AND THE ABUSE AND NEGLECT ACT Generally {13} We begin by briefly discussing ICWA and its relationship to the New Mexico Abuse and Neglect Act, which underlies the issues in this appeal.
Rule Authority · N.M. Ct. App.
Marlene C., 2011-NMSC-005, ¶ 17 (internal quotation marks and citation omitted). 4 ICWA AND THE ABUSE AND NEGLECT ACT Generally {13} We begin by briefly discussing ICWA and its relationship to the New Mexico Abuse and Neglect Act, which underlies the issues in this appeal.
Rule Authority · N.M.
Marlene C., 2011-NMSC-005, ¶ 17 (internal quotation marks and citation omitted).
Cited · N.M. Ct. App. · signal: see · 2 citations in this opinion
See Marlene C., 2011-NMSC-005, ¶ 18 (describing the guidelines as “persuasive authority,” and relying on them to interpret ICWA); see also State ex rel.
Cited (see also) · N.M. Ct. App. · signal: see also · 2 citations in this opinion
Sys., 1991-NMSC- 061, ¶ 12, 112 N.M. 226 , 814 P.2d 94 (stating that New Mexico has a strong policy “that courts should facilitate, rather than hinder, the right to one appeal”); see also In re Esther V., 2011-NMSC-005, ¶ 37 , 149 N.M. 315 , 248 P.3d 863 (“Parents have a fundamental liberty interest in the care and custody of their children; due process of law is required before parents can be deprived of that right.”).
Cited · N.M. Ct. App. · signal: see · 2 citations in this opinion
See In re Esther V., 2011-NMSC-005, ¶ 14 , 149 N.M. 315 , 248 P.3d 863 (looking at the relationship between the ICWA and the state statute on abuse and neglect).
Cited · N.M. Ct. App. · signal: see · 2 citations in this opinion
See In re 2 Esther V., 2011-NMSC-005, ¶ 25 , 149 N.M. 315 , 248 P.3d 863 (providing an 3 “[o]verview of New Mexico [a]buse and [n]eglect [p]roceedings” (emphasis 4 omitted)).
Cited · N.M. Ct. App. · signal: see · 2 citations in this opinion
See In re Esther V., 2011-NMSC-005, ¶ 25 , 149 N.M. 315 , 248 P.3d 863 (providing an “[o]verview of New Mexico [a]buse and [n]eglect [p]roceedings” (emphasis omitted)).
green Montoya v. Driggers (2014)
Cited · N.M. · signal: see · 2 citations in this opinion
See In re Esther V., 2011-NMSC-005, ¶ 17 , 149 N.M. 315 , 248 P.3d 863 .
green State v. Hall (2012)
Cited (see also) · N.M. · signal: see, e.g. · 2 citations in this opinion
See, e.g., In re Esther V., 2011-NMSC-005, ¶ 17 , 149 N.M. 315 , 248 P.3d 863 (“We interpret remedial statutes liberally to facilitate and accomplish their purposes and intent.” (internal quotation marks, brackets, and citation omitted)).
Cited (see also) · N.M. Ct. App. · signal: see also
Sys., 1991-NMSC-061 , ¶ 12, 112 8 1 N.M. 226 , 814 P.2d 94 (stating that New Mexico has a strong policy “that courts 2 should facilitate, rather than hinder, the right to one appeal”); see also In re Esther 3 V., 2011 -NMSC-005, ¶ 37, 149 N.M. 315 , 248 P.3d 863 (“Parents have a 4 fundamental liberty interest in the care and custody of their children; due process of 5 law is required before parents can be deprived of that right.”).
green Montoya v. Driggers (2014)
Cited · N.M. · signal: see
See In re Esther V., 201 l-NMS C-005, ¶ 17, 149 N.M. 315 , 248 P.3d 863 .