Matter of Inm

735 P.2d 1170, 105 N.M. 664
CourtNew Mexico Court of Appeals
DecidedMarch 12, 1987
Docket9450, 9508
StatusPublished

This text of 735 P.2d 1170 (Matter of Inm) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Inm, 735 P.2d 1170, 105 N.M. 664 (N.M. Ct. App. 1987).

Opinion

735 P.2d 1170 (1987)
105 N.M. 664

In the Matter of the Termination of Parental Rights with respect to I.N.M. and A.F.E., Children.
STATE of New Mexico, ex rel. DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee,
v.
TOMMY A.M., Laura M.W., a/k/a Marie M., a/k/a Laura M.M., and David E., Respondents-Appellants.

Nos. 9450, 9508.

Court of Appeals of New Mexico.

March 12, 1987.

*1171 Angela L. Adams, Acting Gen. Counsel, John Petoskey, Asst. Atty. Gen., Human Services Dept., Santa Fe, for petitioner-appellee.

Frederick B. Howden, Grants, Eileen Mallon, Albuquerque, for respondent-appellant Tommy A.M.

R. Max Best, James F. Hart, P.A., Clovis, for respondent-appellant Laura M.W.

S. Frank Stapleton, Portales, for respondent-appellant David E.

Donna U. Quinn, Clovis, Guardian ad Litem.

OPINION

GARCIA, Judge.

These cases involve three appeals from proceedings for termination of parental rights. The cases were consolidated for trial and, on this court's own motion, have been consolidated on appeal.

Two children and three parents are involved in these proceedings. Marie M. (Marie) is the natural mother of I.N.M., and A.F.E. Tommy A.M. (Tommy) is the natural father of I.N.M. and ex-husband of Marie. David E. (David) is the live-in boyfriend of Marie and natural father of A.F.E.

All three parents' rights were terminated by the Curry County District Court on July 17, 1986. We first give a general background and then discuss the rights of each parent separately.

BACKGROUND

I.N.M. was born to Marie and Tommy on September 25, 1979. Marie and Tommy were divorced May 10, 1982, at which time Marie was given custody of I.N.M., subject to reasonable visitation. Tommy was ordered to pay $50 per month child support plus half of the child's medical and dental bills.

Sometime in early 1983, Marie moved from Grants, where she had lived during her marriage, to Texico. Tommy remained in Grants. Marie met David in Texico in *1172 May 1983, and began living with him three or four months later. A.F.E. was born to Marie and David on June 3, 1984.

On August 4, 1984, the Human Services Department (HSD) in Clovis received a report of child abuse. A social worker and deputy sheriff went to the address given, which was David's parents' home. Several family members were present, including David, Marie, I.N.M. and A.F.E. David had been drinking and was in a heated altercation with family members. David's brother had a black eye and I.N.M. had a bump on the back of her head and a bruise on her right thigh. I.N.M. said she did not want to go home. Explanations given by family members led the social worker to believe I.N.M. would be in danger, and she was taken into custody. Physical custody of I.N.M. was returned to Marie on August 15, 1984 and legal custody was retained by HSD.

On October 24, 1984, David's mother reported to HSD that I.N.M. had two black eyes. A social worker and deputy sheriff visited the home. Both of I.N.M.'s eyes were discolored and her jaw seemed to be dislocated. Marie told the social worker I.N.M. had fallen on a coffee table two days earlier. At the social worker's request, Marie took I.N.M. to the emergency room. The emergency room physician referred the case to HSD as a suspected child abuse.

I.N.M. was again taken into custody on October 25, 1984. X-rays were taken that evening, and she was examined the following day by Dr. Martin Goodwin, a diagnostic radiologist. Dr. Goodwin testified that the x-rays disclosed a linear fracture of the skull and fractures of the left first and second ribs. I.N.M. suffered facial paralysis dating from the approximate time of the injury. Surgery was performed in January 1986, at which time it was determined that the condition had been caused by a traumatic injury which could have resulted from any kind of severe blow to the ear. There has been some improvement since the surgery, but I.N.M. is considered a special needs child because of emotional problems from the paralysis.

On October 26, 1984, A.F.E. was also taken into custody because Marie and David were arrested for the abuse of I.N.M.I.N.M. and A.F.E. have been together in foster care since that time. On December 30, 1985, HSD filed petitions for termination of parental rights as follows: the rights of Marie to I.N.M. on grounds of abuse; the rights of Marie and David to A.F.E. on grounds of neglect; and the rights of Tommy to I.N.M. on grounds of abandonment. After trial the district court entered orders terminating the parental rights of all three parents and ordering that the children not be separated.

MARIE'S RIGHTS TO I.N.M.

Marie argues that HSD failed to prove by clear and convincing evidence that she abused and neglected I.N.M., and that HSD failed to take reasonable steps to assist the parents in adjusting the conditions which rendered the parents unable to care for the children. Further, she argues that the cause of I.N.M.'s injuries was not established.

A. Whether the trial court's finding that Marie abused and neglected I.N.M. is supported by sufficient evidence.

The trial court found that: I.N.M. was physically abused by David on numerous occasions; Marie failed to protect I.N.M. from David's abuse; and these abuses placed I.N.M. in situations that were dangerous to her life, health and wellbeing. The court also found that: I.N.M. was abused and neglected by Marie; Marie has never shown remorse or sorrow for what happened to I.N.M.; Marie has not made progress in learning to protect her children; and, Marie continues her relationship with David. The court concluded that HSD proved by clear and convincing evidence that Marie knowingly, intentionally, or negligently placed I.N.M. in a situation that was dangerous to her life or health, and that the termination or her rights to I.N.M. is in I.N.M.'s best interests.

In proceedings seeking the termination of parental rights, the grounds for termination must be proved by clear and convincing evidence. State ex rel. Dep't of *1173 Human Services v. Peterson, 103 N.M. 617, 711 P.2d 894 (Ct.App. 1985). It is for the trial court to determine whether this proof requirement has been met. In re Estate of Fletcher, 94 N.M. 572, 613 P.2d 714 (Ct.App. 1980). The appellate court reviews the evidence in the light most favorable to the prevailing party to determine if it is sufficient to establish, clearly and convincingly, the claim that parental rights should be terminated. See Terrel v. Duke City Lumber Co., 86 N.M. 405, 524 P.2d 1021 (Ct.App. 1974). Here, the evidence is sufficient to support the trial court's findings.

NMSA 1978, Section 32-1-3(M) (Repl. 1986) states in part: "`abused child' means a child: ... (3) whose parent, guardian or custodian has knowingly, intentionally or negligently placed a child in a situation that may endanger his life or health... ." Marie argues that the testimony of the physicians fails to establish the cause of I.N.M.'s injuries. However, there is abundant evidence that David physically abused I.N.M.

The emergency room physician who examined I.N.M. on August 4 and October 24, 1984, testified that the first time he saw I.N.M.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Estate of Fletcher v. Jackson
613 P.2d 714 (New Mexico Court of Appeals, 1980)
People in Interest of CR
557 P.2d 1225 (Colorado Court of Appeals, 1976)
Matter of Doe
556 P.2d 1176 (New Mexico Court of Appeals, 1976)
Terrel v. Duke City Lumber Company, Inc.
524 P.2d 1021 (New Mexico Court of Appeals, 1974)
Gray v. Grayson
414 P.2d 228 (New Mexico Supreme Court, 1966)
Doe Ex Rel. Doe v. Heim
555 P.2d 906 (New Mexico Court of Appeals, 1976)
Matter of Adoption of Doe
676 P.2d 1329 (New Mexico Supreme Court, 1984)
In Re Brooks
379 N.E.2d 872 (Appellate Court of Illinois, 1978)
State ex rel. Department of Human Services v. Tommy A.M.
735 P.2d 1170 (New Mexico Court of Appeals, 1987)
In re K.D.E
210 N.W.2d 907 (South Dakota Supreme Court, 1973)
People v. Bariffe
379 N.E.2d 872 (Appellate Court of Illinois, 1978)
People ex rel. T.L.J.
303 N.W.2d 800 (South Dakota Supreme Court, 1981)
In re Declaring T. Y. K. & D. A. W. R.
598 P.2d 593 (Montana Supreme Court, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
735 P.2d 1170, 105 N.M. 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-inm-nmctapp-1987.