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STATE v. VINCENT L.

No. 19060.

963 P.2d 529 (1998)

125 N.M. 452

1998-NMCA-089

STATE of New Mexico, ex rel., CHILDREN, YOUTH & FAMILIES DEPARTMENT, Petitioner-Appellant, v. In the Matter of VINCENT L., A Child, and Concerning Deborah M. and Ernie L., Respondents-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied July 6, 1998.

Attorney(s) appearing for the Case

Angela Adams, Chief Children's Court Attorney, Diane Garrity, Deborah Gray, Roy E. Stephenson, Children's Court Attorneys, Children, Youth & Families Department, Santa Fe, for Appellant.

Judith C. Nichols, Albuquerque, for Appellee Vincent L.

Narciso Garcia, Jr., Albuquerque, for Appellee Deborah M.

Robert L. Diaz, Albuquerque, for Appellee Ernie L.

OPINION

PICKARD, Judge.

{1} This case requires us to decide whether the Abuse and Neglect Act, NMSA 1978, §§ 32A-4-1 through -33 (1993), prior to its amendment in 1997, permits the children's court to adjudicate a child abused or neglected without being able to assign responsibility for the abuse or neglect to a parent, guardian, or custodian. We hold that it does not.

PROCEDURE AND ISSUES

{2} The Department appeals an...

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