Termination of Parental Rights of Reuben & Elizabeth O. v. Department of Human Services

725 P.2d 844, 104 N.M. 644
CourtNew Mexico Court of Appeals
DecidedMarch 25, 1986
Docket8598
StatusPublished
Cited by38 cases

This text of 725 P.2d 844 (Termination of Parental Rights of Reuben & Elizabeth O. v. Department of Human Services) 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
Termination of Parental Rights of Reuben & Elizabeth O. v. Department of Human Services, 725 P.2d 844, 104 N.M. 644 (N.M. Ct. App. 1986).

Opinion

OPINION

DONNELLY, Judge.

Respondents appeal from an order of the trial court legally terminating their rights as parents to three minor children and placing legal custody of the children in the Department of Human Services (Department) for purposes of adoption. Respondents raise three issues on appeal: (1) claim of failure by the Department to exercise reasonable efforts to assist respondents to care for their children; (2) error in admission of evidence; and (3) sufficiency of the evidence. We affirm.

While this case was on appeal, both the Adoption Act (NMSA 1978, §§ 40-7-1 to -19, enacted by 1971 N.M. Laws, ch. 222 and the Children’s Code NMSA 1978, §§ 32-1-1 to -45, enacted by 1972 N.M. Laws, ch. 97, §§ 1 to 45) were amended. See NMSA 1978, §§ 40-7-29 to -61 (Cum. Supp.1985); NMSA 1978, §§ 32-1-1 to -55 (Cum.Supp.1985). All citations in this opinion refer to the controlling statutory provisions governing termination of parental rights at the time of trial. See NMSA 1978, § 40-7-4 (Repl.Pamp.1983); NMSA 1978, § 32-1-3(L) (Repl.Pamp.1981).

FACTS

Respondents are the parents of three children: a son, Vincent, age 9, and two daughters, Alexandria, age 10 and Yvette, age 13. Reuben is not the natural father of Yvette, but he adopted her following his marriage to Elizabeth. Respondents have been addicted to the use of heroin for a number of years. Testimony presented at trial reveals that respondents’ dependency upon heroin caused them to commit crimes to support their addiction. As a result of their criminal acts, respondents have been convicted of criminal offenses and incarcerated. Reuben has been adjudicated as an habitual criminal.

Proceedings to terminate the parental rights of respondents were initiated immediately before the couple’s last incarceration. During periods of confinement, when respondents have been incapable of caring for their children, the three children have been placed in the homes of relatives. The relatives, in whose homes the children have been placed, have sought to adopt the children. The mother of Reuben petitioned to adopt respondents’ son and the first cousin of Elizabeth seeks to adopt the two daughters. Respondents have withheld their consent and are opposed to the adoptions.

The Department became involved in this case in May 1975, following reports from respondents’ relatives concerning the heroin addiction of the parents and the resultant neglect of the children. Respondents were imprisoned in 1976, following convictions for commission of several criminal offenses. While respondents were incarcerated, their children were placed in the custody of the Department. Following the release of respondents from prison, the Department provided the family with therapy and arranged a program of counseling.

Despite efforts by the Department to encourage respondents’ participation in therapy, counseling and a drug rehabilitation program, respondents’ involvement in the program was sporatic. Efforts at counseling were not successful. The Department attempted to assist respondents from May 1975 to August 1980. During the incarceration of respondents in 1976, the Department obtained custody of the children. After the parents’ release from prison, the family was reunited, and the Department closed the family’s case in 1980. In September 1983, when respondents were reincarcerated, the Department again became involved with the family.

Respondents were released from prison in December 1983. When they were released, respondents enrolled in a program that provided them drug counseling. Their attendance, however, was poor, and the counseling was not successful. Following their release and until April 1984, the Department again attempted to assist the family with a program of counseling. In January 1984, respondents entered into a consent decree. The decree recited that Elizabeth had a ten-year history of drug abuse and criminal activity, that Reuben was a drug user, and that the children were neglected.

The Department had no direct contact with respondents from February 1984 until April 1984, although the Department tried to reestablish contact. The Department’s efforts included sending registered mail to respondents’ last known address and unsuccessfully trying to locate them through relatives. The Department sought to encourage regular visitation by respondents with their children.

Immediately preceding his reincarceration in June 1984, Reuben failed to keep in contact with his parole officer. During this period, Elizabeth was involved in a shoplifting incident of property in excess of $100. Paroles of both respondents were revoked, and both returned to prison by June 1984. These events culminated in the Department’s decision to seek termination of respondents’ parental rights and to free the children for adoption.

As a result of drug addiction, Reuben was hospitalized twice for narcotics overdoses, and Elizabeth’s arm became severely infected from an injection. Respondents sold a home which had been given to them by Reuben’s mother and dissipated the money. At times, Reuben’s mother had to pay the family’s rent and buy their groceries. Testimony at the hearing indicated that the children have observed the drug-induced behavior of their parents and watched them use drugs. The children have expressed fear of their father and have seen him abuse their mother. Prior to placement in foster homes, the children had very poor attendance in school.

After a hearing on the petition to terminate parental rights, the court adopted findings of fact and conclusions of law in April 1985. It found that the children had been in the legal and physical custody of the Department since November 10, 1983, and that a psychological parent-child bond had developed between the children and their foster parents. The court also found that the children's “parents have a long and extensive history of drug abuse, unstable life style, criminal activity, incarcerations and criminal convictions.” Additionally, the court found that although respondents had expressed their intention in the past to make the changes needed to become proper parents to their children, they had failed to make those changes. Based on its findings, the court concluded that: “it is unlikely that [respondents] will make the necessary changes.” The court determined that even if respondents did seek to change, it would take at least two years to accomplish this goal and assume their proper role as parents.

The court further found that: (1) respondents exposed their children to drug abuse and criminal activity; (2) respondents failed to provide for the children’s physical and emotional needs; (3) as a result of respondents’ conduct, the children exhibited predelinquent behavior and suffered from emotional problems; and (4) as a result of respondents’ conduct, “the children were and are neglected and abused.” Based upon its findings, the court ordered that respondents’ parental rights be terminated.

I. EFFORTS OF REHABILITATION

In finding of fact No. 15, the court found that the “Department * * * and other[s] * * * made many attempts to help the parents [end] their drug abuse, curb their criminal behavior and stabilize their lives, but the efforts have been unsuccessful because of the faults of the parents.”

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Bluebook (online)
725 P.2d 844, 104 N.M. 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/termination-of-parental-rights-of-reuben-elizabeth-o-v-department-of-nmctapp-1986.