In re Mahdjid B. and Aliah B.

Summary

The New Mexico Supreme Court held that a kinship guardian is not necessarily a necessary and indispensable party to abuse and neglect proceedings, but may not be involuntarily dismissed before the kinship guardianship is properly revoked under the Kinship Guardianship Act. The revocation process requires an evidentiary hearing and application of the New Mexico Rules of Evidence. The Court affirmed the Court of Appeals on different grounds and addressed, without deciding, the biological father's due process claim.

Holdings

1. A kinship guardian may not be involuntarily dismissed from abuse and neglect proceedings unless the kinship guardianship is first properly revoked under the Kinship Guardianship Act and the New Mexico Rules of Evidence.
2. A kinship guardianship revocation hearing conducted during abuse and neglect proceedings must be a full evidentiary hearing governed by the New Mexico Rules of Evidence, and the moving party must prove by a preponderance of the evidence both a change in circumstances and that revocation is in the child's best interests.
3. The family court that appointed the kinship guardian retains continuing concurrent jurisdiction, but the children's court presiding over the abuse and neglect proceeding also has jurisdiction to conduct the revocation hearing within that proceeding.
4. Kinship guardians are not necessary and indispensable parties under Rule 1-019 NMRA in Abuse and Neglect Act proceedings, although the Children's Court Rules require a guardian to be a party and the guardian has a statutory right to a revocation hearing before involuntary dismissal.

Questions Presented

1. Whether a kinship guardian may be involuntarily dismissed from abuse and neglect proceedings before the kinship guardianship is revoked under the Kinship Guardianship Act.
2. Whether a kinship guardianship revocation hearing during abuse and neglect proceedings must be conducted under the New Mexico Rules of Evidence and may be conducted by the children's court.
3. Whether kinship guardians are necessary and indispensable parties under Rule 1-019 NMRA.
4. Whether the children's court has concurrent jurisdiction with the appointing family court to conduct a kinship guardianship revocation hearing during abuse and neglect proceedings.
5. Whether the biological father's due process rights were violated by the proceedings concerning dismissal of the kinship guardian.

Disposition

reversed_and_remanded