Opinion
A-1-CA-40018
03-21-2022
STATE OF NEW MEXICO ex rel. CHILDREN, YOUTH & FAMILIES DEPARTMENT, Petitioner-Appellee, v. JASON M., Respondent-Appellant, and SHANNON U., Respondent, IN THE MATTER OF JAY DECLAN M., Child.
Children, Youth & Families Department Mary McQueeney, Acting Chief Children's Court Attorney Santa Fe, NM Kelly P. O'Neill, Children's Court Attorney Albuquerque, NM for Appellee Cravens Law LLC Richard H. Cravens IV Albuquerque, NM for Appellant Ernest O. Pacheco Santa Fe, NM Guardian Ad Litem
Corrections to this opinion/decision not affecting the outcome, at the Court's discretion, can occur up to the time of publication with NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in Odyssey.
APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Kathleen A. McGarry, District Judge
Children, Youth & Families Department Mary McQueeney, Acting Chief Children's Court Attorney Santa Fe, NM Kelly P. O'Neill, Children's Court Attorney Albuquerque, NM for Appellee
Cravens Law LLC Richard H. Cravens IV Albuquerque, NM for Appellant
Ernest O. Pacheco Santa Fe, NM Guardian Ad Litem
MEMORANDUM OPINION
JENNIFER L. ATTREP, Judge
{¶1}Jason M. (Father) appeals the termination of his parental rights. [MIO 3] In our notice of proposed disposition, we proposed to affirm. [CN 1, 6] Father filed a memorandum in opposition that we have duly considered. Remaining unpersuaded, we affirm.
{¶2}In his memorandum in opposition, Father maintains, pursuant to State ex rel. Child., Youth & Fams. Dep't v. Alicia P., 1999-NMCA-098, ¶¶ 7-8, 127 N.M. 664, P.2d 460, that the Children, Youth and Families Department (the Department) did not make reasonable efforts to assist him in alleviating the causes and conditions that brought Child into custody. [MIO 3] Father has not asserted any new facts, law, or argument that persuade this Court that our notice of proposed disposition was erroneous. See Hennessy v. Duryea, 1998-NMCA-036, ¶ 24, 124 N.M. 754, 955 P.2d 683 ("Our courts have repeatedly held that, in summary calendar cases, the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law."); State v. Mondragon, 1988-NMCA-027, ¶ 10, 107 N.M. 421, 759 P.2d 1003 (stating that a party responding to a summary calendar notice must come forward and specifically point out errors of law and fact, and the repetition of earlier arguments does not fulfill this requirement), superseded by statute on other grounds as stated in State v. Harris, 2013-NMCA-031, ¶ 3, 297 P.3d 374.
{¶3} Thus, for the reasons stated in our notice of proposed disposition and herein, we affirm the termination of Father's parental rights.
{¶4} IT IS SO ORDERED.
WE CONCUR: MEGAN P. DUFFY, Judge, JANE B. YOHALEM, Judge