Legal Opinion
State ex rel. Children, Youth & Families Department v. Djamila B.
New Mexico Court of Appeals
Decided April 9, 2014No. 34,583; Docket No. 32,333PublishedCited by 5 opinions
1Opinion of the Court
OPINION
KENNEDY, Chief Judge.
{1} In this case of first impression, we hold that a kinship guardian (Guardian), under the Kinship Guardianship Act (the KGA), NMSA 1978, §§ 40-10B-1 to -15 (2001), who is named as a respondent in the abuse and neglect proceeding, is a necessary and indispensable party in the abuse and neglect case and may not be involuntarily dismissed from the case without first revoking the kinship guardianship according to the procedures specified in the KGA.
{2} Because Guardian was a necessary and indispensable party in the abuse and neglect case by virtue of her legal status…
2Cases cited4 opinions
- Quantum Corp. v. State Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1998
- In Re EstherNew Mexico Supreme Court · 2011
- State Ex Rel. Children, Youth & Families Department v. Marlene C.New Mexico Supreme Court · 2011
- Chris & Christine L. v. Vanessa O.New Mexico Court of Appeals · 2013
3Cited by5 opinions
- N.M. Dep't of Game & Fish v. RawlingsNew Mexico Court of Appeals · 2018
- State v. GutierrezNew Mexico Court of Appeals · 2020
- Advantageous Community Services, LLC v. KingDistrict Court, D. New Mexico · 2019
- In re Mahdjid B. and Aliah B.New Mexico Supreme Court · 2014
- State ex rel. CYFD v. Djamila B.New Mexico Court of Appeals · 2014