In the Matter of Grace H.

Summary

The New Mexico Supreme Court held that Section 32A-4-28(B)(1) may be used only when a parent is absent prior to termination, whereas when a parent is present and seeks custody, termination must proceed under Subsection (B)(2) which requires reasonable efforts to reunite. Accordingly, the district court’s termination of the father’s parental rights under Subsection (B)(1) was improper, the decision was reversed, and the case remanded for further proceedings.