2023 New Mexico Statutes › Chapter 32A - Children's Code › Article 4 - Child Abuse and Neglect › Section 32A-4-1 - Short title.

Chapter 32A, Article 4 NMSA 1978 may be cited as the "Abuse and Neglect Act".
History:
1978 Comp., § 32A-4-1, enacted by Laws 1993, ch. 77, § 95; 2016, ch. 54, § 1.
ANNOTATIONS
Cross references.
— For provisions of Safe Haven for Infants Act,
see
24-22-1 NMSA 1978 et seq.
For abuse of a child,
see
30-6-1 NMSA 1978.
For the Kinship Guardianship Act,
see
40-10B-1 NMSA 1978 et seq.
The 2016 amendment,
effective May 18, 2016, after "Chapter", deleted "32" and added "32A".
Act not unconstitutionally vague.
— Abuse and Neglect Act is not unconstitutionally vague.
State ex rel. Children, Youth & Families Dept. v. Shawna C.
, 2005-NMCA-066, 137 N.M. 687, 114 P.3d 367.
Presumption of retroactivity.
— Based on the importance of the especially significant interests at stake for children and parents in cases involving the Abuse and Neglect Act, Chapter 32A, Article 4 NMSA 1978, as well as the need to eliminate disparate outcomes in such cases simply by virtue of the position of a case on the judicial docket, the presumption of retroactivity applies to abuse and neglect cases.
State ex rel. CYFD v. Ruben C.
, 2022-NMCA-063, cert. granted.
Clarifications of New Mexico law regarding standards of proof in termination of parental rights cases subject to the federal Indian Child Welfare Act.
— The New Mexico court of appeals decision in
State ex rel. Children, Youth & Families Dep't v. Maisie Y.
, 2021-NMCA-023 (
Maisie Y.
), which held that in cases subject to the federal Indian Child Welfare Act (ICWA), all grounds to terminate parental rights, including determinations of abuse and neglect, must be proven beyond a reasonable doubt, judicial notice of prior adjudications of abuse and neglect made under the clear and convincing evidence standard, without more, is insufficient, and the active efforts requirement of the ICWA must be proven beyond a reasonable doubt, will be applied retroactively.
State ex rel. CYFD v. Ruben C.
, 2022-NMCA-063, cert. granted.
Application of higher standards of proof required by
State ex rel. CYFD v. Maisie Y.
— Where father's parental rights were terminated prior to the New Mexico court of appeals decision in
State ex rel. Children, Youth & Families Dep't v. Maisie Y.
, 2021-NMCA-023 (
Maisie Y.
), which held that in cases subject to the federal Indian Child Welfare Act (ICWA), all grounds to terminate parental rights, including determinations of abuse and neglect, must be proven beyond a reasonable doubt, judicial notice of prior adjudications of abuse and neglect made under the clear and convincing evidence standard, without more, is insufficient, and the active efforts requirement of the ICWA must be proven beyond a reasonable doubt, the district court's termination of father's parental rights required reversal, because it was possible that CYFD may not have met the higher standards of proof required by
Maisie Y
.
State ex rel. CYFD v. Ruben C.
, 2022-NMCA-063, cert. granted.
Double jeopardy.
— The New Mexico constitution and double jeopardy statute, Section 30-1-10 NMSA 1978, do not prohibit the state from prosecuting defendants for child abuse because CYFD previously investigated defendants for child abuse and the tribal court previously held a custody hearing on the same issues. In the previous proceedings, the civil sanctions imposed on the defendant were remedial rather than punitive.
State v. Diggs
, 2009-NMCA-099, 147 N.M. 122, 217 P.3d 608, cert. denied, 2009-NMCERT-007, 147 N.M. 362, 223 P.3d 359.
Because the statutory scheme of the Abuse and Neglect Act
is unitary in nature, the process due at each stage should be evaluated in light of the process received throughout the proceedings.
State ex rel. Children, Youth & Families Dep't. v. Maria C.
, 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796.
Parent has constitutional right to fair notice and opportunity to participate in all critical stages
of abuse and neglect proceedings.
State ex rel. Children, Youth & Families Dep't. v. Maria C.
, 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796.
District court has affirmative duty
to ensure the parents' due process rights are protected from the initiation of abuse and neglect proceedings.
State ex rel. Children, Youth & Families Dep't. v. Maria C.
, 2004-NMCA-083, 136 N.M. 53, 94 P.3d 796.