New Mexico Supreme Court
State of New Mexico ex rel. Children, Youth and Families Department v. Laura J., and in the Matter of Elijah J., A…
April 8, 20134 N.M. 46
Summary
The court affirmed the termination of Mother’s parental rights because clear and convincing evidence supported the finding that the conditions causing neglect were unlikely to change despite reasonable departmental efforts. It held that Mother’s due process rights were not violated by the Department’s efforts to assist her, and that any due process concern relating to relative placement would be addressed through remand. The court also held that Colin had standing to appeal and that the Department failed to comply with its duty to identify and consider him as a potential relative placement, requiring expedited further proceedings without disturbing the termination judgment.