State ex rel. Department of Human Services v. Doe

OPINION

NEAL, Judge.

The children’s court dismissed an abuse and neglect petition against respondents. We reverse.

The dispositive issue in this case is whether a stipulation between the parties, which was approved by the children’s court judge, constitutes a consent decree under NMSA 1978, Child.Ct. Rule 59 (Repl.Pamp. 1982), or a temporary custody order under NMSA 1978, Child.Ct. Rule 54 (Repl.Pamp. 1982). The court below ruled that the stipulation was a temporary custody order, and because the state did not seek an adjudicatory hearing on the petition within the time limit of NMSA 1978,…