cyfd motion in New Mexico

2024Plaintiff did not directly address the application 10 of the catchall exception relied on by CYFD, couching its argument as whether the 11 personally identifying information redacted by CYFD fit the definition of a public 12 record and whether it was listed in Section 14-2-6(F). 13 {7} CYFD filed a reply addressing Plaintiff’s implicit argument that Sections 14- 14 2-6(F) and 14-2-1.1, together allowing redaction of “[p]rotected personal identifier 15 information,” preempted the catchall provision’s incorporation of the Regulation. 16 CYFD’s reply distinguished Dunn v. New Mexico Department of

2024Plaintiff did not directly address the application 10 of the catchall exception relied on by CYFD, couching its argument as whether the 11 personally identifying information redacted by CYFD fit the definition of a public 12 record and whether it was listed in Section 14-2-6(F). 13 {7} CYFD filed a reply addressing Plaintiff’s implicit argument that Sections 14- 14 2-6(F) and 14-2-1.1, together allowing redaction of “[p]rotected personal identifier 15 information,” preempted the catchall provision’s incorporation of the Regulation. 16 CYFD’s reply distinguished Dunn v. New Mexico Department of

2022The district court’s judgment terminating Father’s parental rights noted that the court took judicial notice of N.M.’s adjudication as a neglected child. {13} In light of the foregoing—especially CYFD’s motion to add N.M. to the motion for termination of parental rights, which the district court ordered over a month before the TPR trial began—we conclude Father received timely notice that CYFD intended to proceed at the TPR trial with termination of his parental rights to N.M. based on her adjudication as a neglected child in time to “defend against [the] charge.” See Kathleen D.C., 2007-NMSC-

2019Clear and Convincing Evidence Supported the District Court’s Finding That the Causes and Conditions of Neglect Were Unlikely to Change in the Foreseeable Future {14} Mother argues that there was insufficient evidence “to establish that Mother would not be able to remedy the causes and conditions of neglect in the foreseeable future.” Rather, Mother contends that CYFD relied on stale evidence when it granted CYFD’s motion to terminate her parental rights to Child.3 We disagree. {15} “We have interpreted the term ‘foreseeable future’ to refer to corrective change within ‘a reasonably definite ti

2019Based on Mother’s refusal to take any steps to address her substance abuse issues in the eleven months between the time CYFD took custody of Children and the time it filed its motion to terminate Mother’s parental rights, we disagree that CYFD’s motion to terminate her parental rights after eleven months “is per se insufficient to demonstrate reasonable efforts.” “Both [CYFD] and [parents] are responsible for making efforts toward reunification of the family.” Keon H., 2018-NMSC-033, ¶ 48 .

2019Clear and Convincing Evidence Supported the District Court’s Finding That the Causes and Conditions of Neglect Were Unlikely to Change in the Foreseeable Future {14} Mother argues that there was insufficient evidence “to establish that Mother would not be able to remedy the causes and conditions of neglect in the foreseeable future.” Rather, Mother contends that CYFD relied on stale evidence when it granted CYFD’s motion to terminate her parental rights to Child.3 We disagree. {15} “We have interpreted the term ‘foreseeable future’ to refer to corrective change within ‘a reasonably definite ti

2019Clear and Convincing Evidence Supported the District Court’s Finding That the Causes and Conditions of Neglect Were Unlikely to Change in the Foreseeable Future {14} Mother argues that there was insufficient evidence “to establish that Mother would not be able to remedy the causes and conditions of neglect in the foreseeable future.” Rather, Mother contends that CYFD relied on stale evidence when it granted CYFD’s motion to terminate her parental rights to Child.3 We disagree. {15} “We have interpreted the term ‘foreseeable future’ to refer to corrective change within ‘a reasonably definite ti

2006Cf. id. (holding that, after judgments placed delinquent children in the custody of the department of corrections, intervention occurred when the children’s court granted the department’s motion for an extension of time for filing notices of appeal). {11} Child points out that after the hearing on CYFD’s motion to clarify the judgment, the children’s court stated that CYFD’s motion was inappropriate.

2006Cf. id. (holding that, after judgments placed delinquent children in the custody of the department of corrections, intervention occurred when the children’s court granted the department’s motion for an extension of time for filing notices of appeal). {11} Child points out that after the hearing on CYFD’s motion to clarify the judgment, the children’s court stated that CYFD’s motion was inappropriate.