Legal Opinion

State Ex Rel. Children, Youth & Families Department v. Nathan H.

New Mexico Court of Appeals

Decided January 6, 2016No. S-1-SC-35712; Docket 34,320PublishedCited by 8 opinions

1Opinion of the Court

OPINION

VIGIL, Chief Judge.

{1} Father appeals from the district court’s judgment terminating his parental rights due to neglect. NMSA 1978, § 32A-4-28(B)(2) (2005). On appeal, Father argues that: (1) the Indian Child Welfare Act (ICWA), 25 U. S. C. §§ 1901 to 1963 (2013) applies and therefore its substantive and procedure standards apply; (2) efforts of the Children, Youth, & Families Department (CYFD) to determine whether the ICWA applies were inadequate; and (3) CYFD did not satisfy its burden of proof to terminate Father’s parental rights. Based on our review of the record, we conclude that…

2Cases cited10 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1981
  2. In Re EstherNew Mexico Supreme Court · 2011
  3. State Ex Rel. Children, Youth & Families Department v. Marlene C.New Mexico Supreme Court · 2011
  4. State ex rel. Children, Youth & Families DepartmentNew Mexico Court of Appeals · 2002
  5. Matter of Termination of Parental RightsNew Mexico Court of Appeals · 1995

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3Cited by8 opinions

  1. State Ex Rel. Children, Youth & Families Dep't v. Keon H. (In Re Anhayla H.)New Mexico Supreme Court · 2018
  2. State ex rel. CYFD v. Keon H.New Mexico Supreme Court · 2018
  3. State Ex Rel. Children, Youth & Families Department v. Keon H.New Mexico Court of Appeals · 2016
  4. State ex rel. CYFD v. Keon H.New Mexico Court of Appeals · 2016
  5. State ex rel. CYFD v. Raymond D.New Mexico Court of Appeals · 2017

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