Child Piercings and Tats Bad But not Bad Enough

Earlier this year the Court of Appeals  upheld a lower court's determination that a non-parent contributed to the delinquency of a minor by helping a precocious 15 year old get a tongue piercing without the consent of a parent or legal guardian consent. See State v. Harla Webb, 2013-NMCA-027.   At the same time, however, the Court reversed Webb's conviction for child abuse by endangerment because there was no evidence that the non-parent's "conduct created a substantial and foreseeable risk to [Child] of which" Webb should have been aware.

DWI with Child is Endangerment--"Plus Factor" Not Required

Besides being a mediator and arbitrator, an important part of my practice is also serving as GAL for children and other vulnerable folks.  In this capacity, I've previously written that under NM law DWI and vehicular endangerment of the general public does not constitute child abuse.  Recently the New Mexico Court of Appeals has confirmed that a defendant is "properly convicted of child abuse" by endangerment when he drove a moving vehicle while intoxicated with a child present, even without additional indicia of unsafe driving.  

Ok if Court Can't Determine WHICH Parent Abused Child

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children.  In an important child welfare case, the New Mexico Court of Appeals has recently reaffirmed that adjudication of child abuse is not dependent on a finding of which parent abused the child, despite some changes to statutory language.  Since abuser parents often act in complicity if not concert, this ruling significantly advances child welfare in New Mexico.

Control of Vehicle While Intoxicated Enough for DWI But Not for Child Endangerment

As a family mediator and guardian ad litem, I keep abreast of child abuse, neglect and endangerment cases.  The New Mexico Court of Appeals has recently reviewed whether control of a vehicle while intoxicated can form the grounds for a felony child abuse conviction.  See State v. Etsitty, 2012-NMCA-012.  After analysis the Court concluded it could not.

Shaken Baby Syndrome--Real or Imagined?

Some readers may know me as a labor/employment and domestic relations mediator/arbitrator.  However, I am also a GAL for abused, neglected kiddos.  As such, I take special interest in unusual court cases involving children. I was especially upset and intrigued by a recent ABA Journal article on the heated debate concerning the scientific soundness of  shaken baby syndrome theories.

Vehicular Manslaughter Distinguished from Child Abuse

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I take special interest in unusual court cases involving children, even when not precisely within my bailiwick.  In State v. Gonzales, 2011-NMCA-081, the New Mexico Court of Appeals has ruled that criminal negligence that endangers the public at large--such as driving will intoxicated--and results in injury or death of a child cannot generally support a conviction for negligent child abuse by endangerment (NMSA 30-6-1(D))(1)).

ICWA requirements for Child Abuse/Neglect Adjudication in NM

As a guardian ad litem (GAL) and alternative dispute resolution (ADR) practitioner in New Mexico, I take special interest in unusual court cases involving children, and there are few child protection cases trickier than "ICWA" cases.   

In CYFD v. Marlene C., 2011-NMSC-005, the New Mexico Supreme Court has recently ruled that the court must make certain findings at the adjudication stage, under the Indian Child Welfare Act of 1978 (ICWA), 25 USC Sec. 1901-1963 (2006): (a)  the State has made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and such efforts and proved unsuccessful: and  (b) there is clear and convincing evidence, such as that based on qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.  See 25 USC Sec. 1902(e). The Court also held that Sec. 1913, regarding voluntary proceedings for placement and termination, only applies to proceedings initiated by the parent(s).  


Overall, the case serves as an excellent primer for ICWA issues and pitfalls.

NM Abuse and Neglect Processes and Proceedings

Although I began my alternative dispute resolution (ADR) career in the labor/employment field, I have since expanded my practice to include domestic relation mediation and child protection related work, as I observed in my last blog posting.  This blog will address, generally, New Mexico law on child protection processes.