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STATE EX REL. DEPT. OF HUM. SERV. v. AVINGER

No. 16134.

720 P.2d 290 (1986)

STATE of New Mexico, ex rel. DEPARTMENT OF HUMAN SERVICES, Petitioner, v. Kathy Latham AVINGER, Respondent.

Supreme Court of New Mexico.

Rehearing Denied June 24, 1986.

Attorney(s) appearing for the Case

Richard J. Rubin, General Counsel, Ellen Souberman, John Petoskey, Asst. Attys. Gen., Santa Fe, for petitioner.

Poole, Tinnin & Martin, Barbara L. Shapiro, Sarah Curry Smith, Albuquerque, for respondent.

OPINION

FEDERICI, Justice.

The Department of Human Services (DHS) filed a child neglect petition against Kathy Latham Avinger (Avinger) under the Children's Code, NMSA 1978, Sections 32-1-1 to -53 (Repl.Pamp.1981) on November 6, 1984. Avinger raised jurisdictional issues under New Mexico's Child Custody Jurisdiction Act (CCJA), NMSA 1978, Sections 40-10-1 to -24 (Repl.Pamp.1983), based on the fact that she had been awarded custody of the subject children...

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