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STATE EX REL. DEPT. OF HUMAN SERVICES v. DOE

Nos. 8029, 8060.

705 P.2d 165 (1985)

STATE of New Mexico, ex rel. DEPARTMENT OF HUMAN SERVICES, In the Matter of Child Doe, Petitioner-Appellant, v. Jane DOE and John Doe, Respondents-Appellees.

Court of Appeals of New Mexico.

July 18, 1985.

Attorney(s) appearing for the Case

Joseph M. Holmes, Pickett, Bates & Holmes, Las Cruces, for respondents-appellees.

Paul G. Bardacke, Atty. Gen., Richard J. Rubin, Ellen Souberman, Sp. Asst. Attys. Gen., Human Services Dept., Santa Fe, for petitioners-appellants.

OPINION

NEAL, Judge.

The children's court dismissed an abuse and neglect petition against respondents. We reverse.

The dispositive issue in this case is whether a stipulation between the parties, which was approved by the children's court judge, constitutes a consent decree under NMSA 1978, Child.Ct. Rule 59 (Repl.Pamp. 1982), or a temporary custody order under NMSA 1978, Child.Ct. Rule 54 (Repl.Pamp. 1982). The court below ruled that the stipulation...

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