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MATTER OF ADOPTION OF J.J.B.

No. 14318.

868 P.2d 1256 (1993)

117 N.M. 31

In the Matter of the ADOPTION OF J.J.B., a Minor, Carla Ann ROTH and Kyle David Franz Roth, Petitioners-Appellees, v. Edward BOOKERT, Respondent-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted February 8, 1994.

Attorney(s) appearing for the Case

Paul Cohen, Albuquerque, for respondent-appellant.

Cynthia A. Fry, Martha J. Kaser, Albuquerque, for petitioners-appellees.

Ella Joan Fenoglio, Albuquerque, guardian ad litem for the Child.

Tom Udall, Atty. Gen., Diane Garrity, Sp. Asst., Atty. Gen., Angela Adams, Chief Children's Court Atty., Children, Youth & Families Dept., Santa Fe, amicus curiae, New Mexico Children, Youth and Families Dept.

The National Council for Adoption, Karen Vandiver-Rioux, Albuquerque, James S. Albers, Albers and Albers, Columbus, OH, amicus curiae, National Council for Adoption.

Timothy V. Flynn-O'Brien, Fred Abramowitz, Cooperating Attys., ACLU-NM, ACLU-NM, Phillip B. Davis, Reber Boult, Co-Legal Directors, Albuquerque, amicus curiae, American Civil Liberties Union.

OPINION

DONNELLY, Judge.

Appellant, Edward Bookert (Father), appeals from a judgment terminating his parental rights and granting the petition of Appellees, Carla and Kyle Roth (Petitioners), to adopt J.J.B. Although Father has raised five issues on appeal, we determine that his claim that Petitioners failed to establish by clear and convincing evidence a valid basis for the termination of his parental rights is dispositive, and reverse.

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