State ex rel. Children, Youth & Families Department v. Maurice H.

Summary

The New Mexico Supreme Court considers whether a father's parental rights were properly terminated under the abandonment provision of the Abuse and Neglect Act. The Court holds that the statutory scheme is ambiguous and that a parent who is present and willing to participate meaningfully before termination must be evaluated under the neglect-and-abuse provision, which requires reasonable reunification efforts. The Court reverses the termination because the Department failed to locate and notify the father, implement his treatment plan, and accurately present the relevant facts to the district court.

Holdings

1. Section 32A-4-28(B)(1) applies when a parent is absent prior to termination. When a parent is present and expresses a legitimate desire to take responsibility for the child before termination, termination based on abandonment must proceed under Section 32A-4-28(B)(2).
2. Father's parental rights were improperly terminated under Section 32A-4-28(B)(1) because he was present and willing to participate before termination and was entitled to assessment and treatment under Section 32A-4-28(B)(2).
3. The termination judgment must be reversed and the case remanded for reconsideration under the court's construction of Section 32A-4-28(B)(1) and (B)(2), including assessments of Father and Child.

Questions Presented

1. Whether NMSA 1978, Section 32A-4-28(B)(1) or Section 32A-4-28(B)(2) governed termination when a parent was present and expressed a legitimate desire to take responsibility for the child before termination.
2. Whether Father's parental rights could be terminated under Section 32A-4-28(B)(1) without the Department making reasonable efforts to assist him in curing the causes and conditions of neglect.
3. What remedy was appropriate after the termination was improperly entered under Section 32A-4-28(B)(1).

Disposition

reversed_and_remanded