State v. Dylan A.

2007 NMCA 114, 166 P.3d 1121, 142 N.M. 467
CourtNew Mexico Court of Appeals
DecidedJune 20, 2007
DocketNo. 26,283
StatusPublished
Cited by5 cases

This text of 2007 NMCA 114 (State v. Dylan A.) 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
State v. Dylan A., 2007 NMCA 114, 166 P.3d 1121, 142 N.M. 467 (N.M. Ct. App. 2007).

Opinion

OPINION

CASTILLO, Judge.

{1} In this appeal by the State, we consider whether the children’s court had jurisdiction to reconsider Child’s disposition in a delinquency proceeding when Child filed his motion to reconsider more than thirty days after the judgment and disposition was filed. The State argues that the children’s court lacked jurisdiction to reconsider Child’s commitment (1) because the motion to reconsider was not filed within the thirty-day time limit prescribed by Rule 10-230.1(B)(1) NMRA and (2) because once legal custody of Child was transferred to the Children, Youth and Families Department (CYFD) pursuant to the initial judgment and disposition, the children’s court no longer had authority to change the placement and treatment of Child. We affirm, concluding that because the record clearly establishes that the children’s court invited reconsideration of the disposition if Child was not receiving the recommended treatment for substance abuse under his commitment and because an alternative placement became available that could more effectively address his rehabilitative and treatment needs, the court retained jurisdiction to decide Child’s motion to reconsider, even though it was filed more than thirty days after the original judgment and disposition was entered.

I. BACKGROUND

{2} On June 1, 2005, Child entered into a plea agreement, admitting to the charges of driving under the influence of intoxicating liquor or drugs and possession of drug paraphernalia, but not agreeing to any disposition. After accepting the plea, the children’s court ordered a fifteen-day diagnostic evaluation of Child so that it could ascertain his treatment needs given the serious nature of his substance abuse. On June 3, 2005, the children’s court found that Child “is a delinquent child and is in need of care or rehabilitation” and ordered that he be committed to the custody of CYFD for a fifteen-day diagnostic evaluation.

{3} At the final disposition hearing held on June 29, 2005, the parties and the children’s court discussed the report of the fifteen-day diagnostic evaluation of Child prepared by the Youth Diagnostic and Development Center. The report recommended intensive substance abuse treatment for Child and placement with Mother. However, Mother, who was present at the hearing, informed the children’s court that she was unable and unwilling to take custody of Child because he had previously been out of control in her custody and because she thus did not feel comfortable or safe having him placed with her at this time. Placement with Father and other relatives was also explored but was determined not to be feasible. The children’s court acknowledged that the fifteen-day diagnostic report recommended intensive treatment and counseling for Child, and agreed that Child was in need of such treatment, but expressed concern that there was no home in which to place Child if probation and treatment were ordered.

{4} The State pointed out that, if Child were sentenced to a two-year commitment, CYFD could send him to an appropriate facility for the required treatment. Although the children’s court did not believe a two-year commitment would necessarily address all of Child’s problems, it concluded that it had no other option but to commit Child to the custody of CYFD for a two-year period. The children’s court emphasized that Child was in need of intensive, structured substance abuse treatment and that treatment was not possible other than through a commitment because there was no home in which to place Child. Because the children’s court remained concerned about whether Child would receive the recommended treatment for his substance abuse, it orally invited Child’s attorney to file a motion to reconsider if some other placement for Child could be located that would more adequately address his treatment needs.

{5} On July 6, 2005, the children’s court entered a judgment and disposition committing Child to the custody of CYFD for a period not to exceed two years and recommending that “Child receive any residential treatment deemed appropriate.” The judgment and disposition, however, was silent on the court’s invitation to reconsider Child’s placement upon the condition discussed at the disposition hearing.

{6} On August 8,2005, Child filed a motion to reconsider his disposition, thirty-three days after the original judgment and disposition was filed. The motion asserted that the children’s court had “requested to hear from the Child’s attorney as to whether appropriate treatment had been found” for Child. The motion further alleged that CYFD had decided to place Child “in a medium-security detention facility for juveniles” that would not meet his intensive treatment needs. Accordingly, Child requested reconsideration of his disposition and placement “in some form of rehabilitative, treatment-oriented program.”

{7} The children’s court held a hearing on Child’s motion to reconsider on September 28, 2005. At the hearing, Child’s attorney informed the court that, after approximately one month of commitment, Child had been transferred to the John Paul Taylor Center (in Las Cruces) and was awaiting placement at Camp Sierra Blanca (near Ruidoso). Counsel further informed the court that Camp Sierra Blanca was currently reconsidering whether it would accept children under commitment, or whether it would take only those on probation or parole. Counsel indicated that Child did not appear to be receiving the type of intensive treatment recommended by the court, although he now was almost two months into his commitment. As a result, Child requested that the court modify disposition by placing Child on a two-year term of probation and ordering treatment at Camp Sierra Blanca, followed by a placement with Mother. Child’s attorney represented that Mother was willing to take custody of Child after his completion of the treatment program at Camp Sierra Blanca and that she was available to confirm this telephonically. The State, on the other hand, asked that Child’s commitment be continued.

{8} The children’s court noted that the purpose of ordering the two-year commitment was so that Child could be placed in a treatment facility by CYFD, but that he did not appear to be receiving the recommended treatment and might not in the future, based on the representations of Child’s counsel. Consequently, the children’s court stated that it was seriously reconsidering Child’s disposition but that it did not want to change the order and still leave the child without the necessary treatment. Therefore, it asked for confirmation on whether Child would be accepted at Camp Sierra Blanca and whether Mother would take custody of Child following his treatment there.

{9} At the hearing held on October 19, 2005, the State raised for the first time its argument that the children’s court lost jurisdiction to reconsider its disposition because Child’s motion to reconsider was filed more than thirty days after the entry of the original judgment and disposition, contrary to Rule 10 — 230.1(B)(1). Because the children’s court was convinced that Child was not receiving the treatment recommended by the fifteen-day diagnostic evaluation, it indicated that it was inclined to change the disposition so that Child was “guaranteed” the treatment recommended. However, it wanted to know definitively at the next hearing whether Camp Sierra Blanca would accept Child and whether Mother would take custody of Child following treatment.

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Related

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State v. Valerie P
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State v. DYLAN A.
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Cite This Page — Counsel Stack

Bluebook (online)
2007 NMCA 114, 166 P.3d 1121, 142 N.M. 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dylan-a-nmctapp-2007.