Legal Opinion
State Ex Rel. Children, Youth & Families Department v. Marlene C.
New Mexico Court of Appeals
Decided May 12, 2009No. 28,352PublishedCited by 5 opinions
1Opinion of the Court
OPINION
CASTILLO, Judge.
{1} Mother appeals from an adjudication of neglect. Mother is a member of the Navajo Nation, and the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963 (2006), applies to Child. Although the parties to this case agree that ICWA does apply, they disagree about its specific application to issues of preservation and evidentiary requirements. We hold that under the circumstances of this ease, ICWA permits Mother to challenge on appeal the sufficiency of the evidence presented at the adjudicatory hearing, and we further hold that the Children, Youth, and…
2Cases cited3 opinions
- Santillo v. New Mexico Department of Public SafetyNew Mexico Court of Appeals · 2007
- State Ex Rel. Children, Youth & Families Department v. Benjamin O.New Mexico Court of Appeals · 2007
- Cherokee Nation v. NomuraSupreme Court of Oklahoma · 2007
3Cited by5 opinions
- In Re EstherNew Mexico Supreme Court · 2011
- State Ex Rel. Children, Youth & Families Department v. Marlene C.New Mexico Supreme Court · 2011
- State Ex Rel. Children Youth & Families Department v. Arthur C.New Mexico Court of Appeals · 2011
- State of Nm Ex Rel. Cyfd v. Marlene C.New Mexico Court of Appeals · 2009
- In re Dependency of C.J.J.I.Washington Supreme Court · 2025