MATTER OF MELISSA H.

No. 9563.

735 P.2d 1184 (1987)

105 N.M. 678

In the Matter of MELISSA H., a child. STATE of New Mexico, ex rel. HUMAN SERVICES DEPARTMENT, Petitioner-Appellant, v. JUDY H., Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied April 21, 1987.


Attorney(s) appearing for the Case

Angela L. Adams, Acting Gen. Counsel, Susan K. Rehr and John Petoskey, Assts. Gen. Counsel, Human Services Dept., Santa Fe, for petitioner-appellant.

Ralph E. Ellinwood, John F. Schaber, P.A., Deming, for respondent-appellee.

M. Lea Brownfield, Jeffreys, Cooper & Associates, Deming, guardian ad litem.


OPINION

BIVINS, Judge.

The New Mexico Human Services Department (HSD) appeals from a children's court order assessing costs against it in a child abuse and neglect proceeding. The sole issue on appeal is whether the children's court can assess costs against HSD in an abuse and neglect proceeding brought by HSD under the Children's Code, NMSA 1978, Sections 32-1-1 to -45 (Repl. 1986). We hold it cannot and reverse.

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