State ex rel. Children, Youth & Families Department

Rule of Law:

When terminating parental rights, the Children, Youth and Families Department (CYFD) must demonstrate by clear and convincing evidence that it made 'reasonable efforts' to assist the parent and that the causes of neglect are 'unlikely to change in the foreseeable future,' with the interpretation of these terms being informed by federal legislation like the Adoption and Safe Families Act (ASFA)'s time limits and the child's specific needs.

Facts:

• In March 1998, Patricia H. (Mother) requested the Children, Youth and Families Department (CYFD) take custody of her 4.5-year-old child, Elizabeth (Child), expressing frustration with Child's 'defiant' behavior; Child was found to be dirty, unkempt, and hungry.
• Mother was experiencing serious health problems, including a thyroid disorder, breast cancer requiring a mastectomy and radiation therapy, and multiple follow-up surgeries, which reportedly caused irritability.
• CYFD developed a treatment plan for Mother focusing on parenting skills and therapy; however, joint therapy sessions with Child's therapist, Ms. Krauss, were halted after five sessions because Ms. Krauss was unsatisfied with Mother's engagement and believed further treatment of Mother's parenting deficits would be futile, leading CYFD to terminate Mother's visitation rights.
• Mother refused CYFD's offer for a bonding study and parenting training because she disagreed with Ms. Krauss's report and did not want it forwarded to new providers, and CYFD did not respond to Mother's individual therapist, Dr. Snyder's, offer for joint therapy sessions.
• In October 1999, Dr. Kenney, a court-appointed expert, was ordered to evaluate Child's needs and Mother's parenting ability, but his report was significantly delayed until March 2000 due to unforeseen surgery, preventing a timely bonding interview between Mother and Child.
• Dr. Kenney testified that Child suffered from reactive attachment disorder (RAD), ADHD, and oppositional-defiant disorder, requiring a very high level of care and stability, and that removing her from her foster parents, with whom she had bonded and who had received specialized RAD training, would be traumatic.
• Dr. Kenney stated that a gradual reintroduction process for Mother and Child would take about a year, including preparation and supervised visits, with no guarantee of success, and that Mother lacked the personality skills for Child's specialized needs.
• Mother's individual therapist, Dr. Snyder, testified that Mother's therapy had progressed well, and her interpersonal skills had improved.

Procedural Posture:

• In March 1998, the Children, Youth and Families Department (CYFD) took custody of Elizabeth (Child).
• Patricia H. (Mother) pled no contest to Child being without proper parental care, and a stipulated judgment was entered on May 27, 1998, finding Child neglected.
• Following a permanency hearing on December 7, 1998, the court ordered Child to remain in CYFD custody, with reunification as the permanency plan.
• After Mother's failure to cooperate with certain referrals, CYFD requested a second permanency hearing to change the permanency plan to termination of parental rights.
• Following this second permanency hearing, which occurred between March and May 1999, the court decided not to terminate Mother's parental rights, finding it was not persuaded that further efforts would be futile, and ordered CYFD to make appropriate referrals.
• At a status conference in July 1999, the court agreed to Mother's request to postpone a scheduled termination of parental rights (TPR) hearing.
• At another status conference in August 1999, the court adopted CYFD’s suggestion that a Rule 11-706 NMRA 2002 expert conduct a bonding study before resuming contact between Mother and Child.
• A brief hearing in February 2000 extended CYFD’s jurisdiction.
• The district court conducted a termination hearing in August 2000.