Legal Opinion

State ex rel. Children, Youth & Families Department v. Debbie F.

New Mexico Court of Appeals

Decided September 8, 1995No. 16220PublishedCited by 4 opinions

1Opinion of the Court

OPINION

FLORES, Judge.

1. The Children, Youth and Families Department (the Department) appeals the dismissal of its abuse and neglect petition for lack of subject matter jurisdiction. The district court determined that because the alleged acts of abuse and neglect took place at Holloman Air Force Base, a federal enclave, the State could not exercise its jurisdiction in order to apply the provisions of the New Mexico Children’s Code, NMSA 1978, §§ 32A-1-1 to -20-1 (Repl.Pamp.1993). We hold that the State may exercise its jurisdiction and apply the provisions of the Children’s Code to those who…

2Cases cited9 opinions

  1. James v. Dravo Contracting Co.Supreme Court of the United States · 1937
  2. Evans v. CornmanSupreme Court of the United States · 1970
  3. Penn Dairies, Inc. v. Milk Control Comm'n of Pa.Supreme Court of the United States · 1943
  4. Howard v. Commissioners of Sinking Fund of LouisvilleSupreme Court of the United States · 1953
  5. Offutt Housing Co. v. County of SarpySupreme Court of the United States · 1956

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3Cited by4 opinions

  1. People v. RozanSupreme Court of Colorado · 2011
  2. Inca Construction Co. v. RogersNew Mexico Court of Appeals · 1997
  3. Juvenile CausesConstitutional Law – Federal Enclaves – WhetherState Authorities Have Jurisdiction Over JuvenileOffenses On Aberdeen Proving Ground., Maryland Attorney General Reports2018
  4. Maryland Attorney General Opinion 103OAG49, Maryland Attorney General Reports2018

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