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STATE EX REL., CHILDREN v. MARSALEE P.

No. 31,784.

302 P.3d 761 (2013)

2013-NMCA-062

STATE of New Mexico, ex rel., CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Petitioner-Appellee, v. MARSALEE P., Respondent-Defendant, and Stanley P., Respondent, and In the Matter of Da'Vondre P., Whitley P., and Jordan P., Children.

Court of Appeals of New Mexico.

April 9, 2013.

Attorney(s) appearing for the Case

New Mexico Children, Youth and Families Department, Charles E. Neelley , Chief Children's Court Attorney, Rebecca J. Liggett , Children's Court Attorney, Santa Fe, NM, for Appellee.

Caren I. Friedman , Santa Fe, NM, for Appellant.

Richard J. Austin , Farmington, NM, Guardian ad litem.

OPINION

WECHSLER, Judge.

{1} We examine in this appeal of a parental termination order circumstances that require the district court and Petitioner Children, Youth and Families Department (the Department) to fulfill obligations under the Abuse and Neglect Act, NMSA 1978, Sections 32A-4-1 to -34 (1993, as amended through 2009). We hold that the district court erred by terminating Mother's parental rights without ensuring that the Department had...

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