(DOWNLOAD) "In Re Termination Of Parental Rights Of Wayne R.N. And Rebecca R.N." by New Mexico Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: In Re Termination Of Parental Rights Of Wayne R.N. And Rebecca R.N.
- Author : New Mexico Court of Appeals
- Release Date : January 02, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Respondents appeal from the judgment of the trial court terminating their parental rights. Although in other contexts New Mexico law requires that grounds for termination be proved by clear and convincing evidence, In re Adoption of Doe, 98 N.M. 340, 648 P.2d 798 (Ct. App.1981), in termination proceedings involving parental rights to a child subject to the Indian Child Welfare Act, the grounds for termination must be proved by evidence beyond a reasonable doubt. See NMSA 1978, § 32-1-54(D) (Repl.1986) and 25 U.S.C. § 1912(f) (1982). On appeal, respondents contend (1) that the trial court was required to transfer this case to the tribal court of the Cheyenne and Arapaho Tribes of Oklahoma; (2) that the evidence is insufficient to establish that the respondents are not and cannot be adequate parents of their children; and (3) that the Department of Human Services (department) failed to use reasonable efforts to assist them in adjusting the conditions rendering them unable to properly care for the children. § 32-1-54(B)(3). We affirm.