(DOWNLOAD) "State Ex Rel. Children, Youth, Families Department in Matter of Esperanza M." by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Children, Youth, Families Department in Matter of Esperanza M.
- Author : New Mexico Court of Appeals
- Release Date : January 29, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
Opinion Number: 1998-NMCA-039 {1} As a result of an investigation, the Children, Youth and Families Division (CYFD) filed an ex parte custody petition in children's court, alleging that Esperanza M. (E.M.) was abused and neglected. Specifically, the petition alleged that Jesus M., E.M.'s adoptive father, sexually abused his daughter and that Marian M., E.M.'s mother, knew or should have known of the sexual abuse but failed to protect her daughter. The children's court entered judgment that E.M. was abused and neglected as defined by NMSA 1978, Section 32A-4-2(B)(1), (B)(2), and (C)(3) (1993). Marian M. and Jesus M. (Parents) appeal raising three issues: (1) whether the children's court erred in admitting the hearsay testimony of five witnesses and the remaining admissible evidence is insufficient to support the judgment; (2) whether the case should be reassigned to a different Judge on remand because of an improper comment by the children's court Judge; and (3) whether Parents' motion to strike the appellate guardian ad litem's answer brief should be granted. We reverse and remand for further proceedings consistent with this opinion. We decline to order the reassignment of the case to a different Judge, and we deny Parents' motion to strike the appellate guardian ad litem's answer brief. Facts {2} At the adjudicatory hearing, Janis Hildebrand, a school counselor, testified that on or about December 1, 1995, E.M. and three other female students came to her office and alleged that their fathers had sexually abused them. Ms. Hildebrand then contacted the Human Services Department, the child's mother, and the police. When Robin Yoder, a social worker with CYFD, arrived at the school, Ms. Hildebrand told her what E.M. had reported to her. Ms. Yoder spoke with E.M. and her mother, and told Marian M. that CYFD would give E.M. an interview at the Albuquerque Safe House (Safe House) and a physical examination. Ms. Yoder called Dr. Renee Ornelas, a pediatrician who operates the Para Los Ninos Program at the University of New Mexico Hospital (UNM Hospital) and performs medical evaluations on sexually abused children, to arrange the interview at the Safe House. Ms. Yoder told Dr. Ornelas what E.M. had reported to Ms. Hildebrand.
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