State ex rel. Human Services Department v. Judy H.

OPINION

BIVINS, Judge.

The New Mexico Human Services Department (HSD) appeals from a children’s court order assessing costs against it in a child abuse and neglect proceeding. The sole issue on appeal is whether the children’s court can assess costs against HSD in an abuse and neglect proceeding brought by HSD under the Children's Code, NMSA 1978, Sections 32-1-1 to -45 (Repl.1986). We hold it cannot and reverse.

Following the entry of a consent decree, legal custody of the child was placed with HSD and physical custody with the child’s maternal grandmother. HSD later moved to revoke the consent…