(Download) "State ex rel Children, Youth and Families Dept." by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State ex rel Children, Youth and Families Dept.
- Author : New Mexico Court of Appeals
- Release Date : January 01, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
2 This case tests the reasonableness of a parents conduct when confronted with the reality of a childs abuse perpetrated by a third party. Michelle B. is the parent of two daughters fathered by different men: Melissa, age three, whose father is Mauro G., and Katie, age six, whose father is Mario R. In this consolidated appeal, Michelle (Mother) appeals the adjudication of her three-year-old child, Melissa, as neglected, and also appeals the district courts judgment changing custody of Melissas sister, Katie, from Mother to Katies father, Mario. Mother raises three issues on appeal: (1) the courts finding that Mother neglected Melissa is not supported by clear and convincing evidence; (2) there is insufficient evidence of a change of circumstances to support the court changing custody of Melissas sister, Katie, from Mother to Katies father, Mario; and (3) the court erred in failing to implement safeguards, pursuant to the dispositional provisions of the Childrens Code, designed to protect Melissa from further sexual abuse by her father. We reverse the district court adjudication of neglect. We reverse and remand the matters relating to Katies change of custody. We determine that Mother lacks standing to challenge the district courts failure to comply with certain mandatory provisions of the Childrens Code, as those provisions relate to Mauro.