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STATE OF N.M. EX REL CYFD v. BENJAMIN O.

No. 26,551.

160 P.3d 601 (2007)

2007-NMCA-070

STATE of NEW MEXICO ex rel. CHILDREN, YOUTH & FAMILIES DEPARTMENT, Petitioner-Appellee, v. BENJAMIN O., Respondent-Appellant, and In the Matter of Lakota C., a Child.

Court of Appeals of New Mexico.

April 19, 2007.

Attorney(s) appearing for the Case

Children, Youth and Families Department, Simon Romo, Acting Chief Children's Court Attorney, Daniel J. Pearlman, Santa Fe, NM, for Appellee.

Jane Bloom Yohalem, Santa Fe, NM, for Appellant.

OPINION

PICKARD, Judge.

{1} Father appeals the termination of his parental rights by the district court pursuant to NMSA 1978, § 32A-4-28(B)(2) (2001). (We use the statutes in effect at the time of the filing of the petition.) This case presents an issue of first impression in New Mexico dealing with the question of what steps the district court and CYFD should take following the appellate reversal on substantive grounds of a prior adjudication of abuse...

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