State Ex Rel Children, Youth and Families Dep't v. Athena H - In the Court of Appeals of the State of New Mexico

State Ex Rel Children, Youth and Families Dep't v. Athena H

By In the Court of Appeals of the State of New Mexico

  • Release Date: 2006-08-03
  • Genre: Law

Description

OPINION ¶1 Athena H., Mother, appeals from the district court's judgment terminating her parental rights to three of her children, Candice, Charles, and Tholie. She contends that the district court erred in finding that the causes and conditions of abuse and neglect had not been remedied and in finding that the Children, Youth & Families Department (CYFD) made reasonable efforts to assist her in adjusting the causes and conditions that rendered her unable to properly care for the children. She further contends that she was denied effective assistance of counsel. We conclude that, notwithstanding Mother's compliance with the treatment plan prescribed for her to the best of her ability, the district court did not err in terminating Mother's parental rights upon its finding that Mother was not capable of parenting her children within the foreseeable future. We therefore hold that the district court did not commit error and also hold that Mother has not demonstrated ineffective assistance of counsel. We affirm.

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