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STATE CHILDREN, YOUTH v. DEBBIE F.

No. 16220.

905 P.2d 205 (1995)

120 N.M. 665

STATE of New Mexico, ex rel. CHILDREN, YOUTH AND FAMILIES DEPARTMENT, In the Matter of Charles F., III, Kimberly, Brianna and David F., Children, and Concerning Debbie F. and Charles F., II. State of New Mexico, ex rel. Children, Youth and Families Department, Petitioner-Appellant, v. DEBBIE F. and Charles F., II, Respondents-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied October 26, 1995.

Attorney(s) appearing for the Case

Tom Udall, Attorney General, Angela L. Adams, Chief Children's Court Attorney, Children, Youth and Families Department, Diane M. Garrity, Special Assistant Attorney General, Children, Youth and Families Department, Santa Fe, U. Edward Schissel, Regional Children's Court Attorney, Children, Youth and Families Department, Las Cruces, for Petitioner-Appellant.

Jefferson R. Rhodes, Burroughs & Rhodes, Alamogordo, for Respondent-Appellee Debbie F.

Nina Lalevic, Dutton & Hakanson, Ltd., Alamogordo, for Respondent-Appellee Charles F., II.

OPINION

FLORES, Judge.

1. The Children, Youth and Families Department (the Department) appeals the dismissal of its abuse and neglect petition for lack of subject matter jurisdiction. The district court determined that because the alleged acts of abuse and neglect took place at Holloman Air Force Base, a federal enclave, the State could not exercise its jurisdiction in order to apply the provisions of the New Mexico Children's Code, NMSA 1978, §...

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