January 17, 2020- CYFD v. Samuel K., No. A-1-CA-38413

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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO
Court of Appeals of New Mexico
STATE OF NEW MEXICO ex rel. Filed 12020 3:40 PM
CHILDREN, YOUTH & FAMILIES /
DEPARTMENT, we ~
Mark Reynolds
Petitioner- Appellee,
v. No. A-1-CA-38413
SAMUEL K.,
Respondent- Appellant,
and
KIMBERLY M. and AMY B.,

Respondents,

IN THE MATTER OF LOGAN K.,
LIBERTY K., MAKENZIE K., and
ALEXIS K.,

Children.

APPEAL FROM THE DISTRICT COURT OF TORRANCE COUNTY
Matthew G. Reynolds, District Judge

Children, Youth & Families Department

Rebecca J. Liggett, Chief Children’s Court Attorney
Santa Fe, NM

Kelly P. O’Neill, Children’s Court Attorney
Albuquerque, NM

for Appellee

Jane B. Yohalem
Santa Fe, NM

for Appellant

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The Law Office of Shasta N. Inman, LLC	1
Shasta N. Inman	2
Albuquerque, NM	3
Guardian Ad Litem	4
MEMORANDUM OPINION	5
VANZI, Judge.	6
{1} 	Respondent Samuel K. (Father) appeals from the district court’s judgment	7
terminating his parental rights. In this Court’s notice of proposed disposition, we	8
proposed to summarily affirm. Father filed a memorandum in opposition (MIO),	9
which we have duly considered. Remaining unpersuaded, we affirm.	10
{2} 	In his MIO, Father continues to argue that the Children, Youth and Families	11
Department (the Department) failed to make reasonable efforts to assist him in	12
alleviating the causes and conditions which brought Children into custody. [MIO 7]	13
Specifically, Father argues the Department’s efforts were inadequate because after	14
a 	psychological 	evaluation 	diagnosed 	Father 	with 	bipolar 	disorder 	and	15
recommended treatment, “[the Department] did not change Father’s treatment plan	16
to include psychiatric treatment.” [MIO 7] This argument is unavailing, however,	17
because 	Father’s 	treatment 	plan 	required 	him 	to 	“complete 	a 	psychological	18
evaluation and follow all recommendations,” the latter of which he failed to do. [1	19
RP 248; 4 RP 891] Because treatment was recommended as a result of the	20

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psychological evaluation, Father’s treatment plan was broad enough to address these	1
mental health concerns.	2
{3} 	To the extent that Father argues that CYFD’s efforts were not reasonable	3
because they did not “assist [him] in obtaining . . . treatment” for his bipolar disorder	4
and failed to ask the state of “Colorado to provide services to Father or to supervise	5
Father’s services” after he relocated there, we note that “[the Department] is only	6
required to make reasonable efforts, not efforts subject to conditions unilaterally	7
imposed by the parent.” State ex rel. Children, Youth & Families Dep’t v. Patricia	8
H., 2002-NMCA-061, ¶ 27, 132 N.M. 299, 47 P.3d 859. Moreover, the record	9
indicates that the Department coordinated a psychological evaluation and provided	10
Father with several referrals, including a referral to Mental Health Partners in	11
Colorado after Father moved. [4 RP 895-99] Under these circumstances, we	12
conclude that substantial evidence supports the district court’s determination that the	13
Department made reasonable efforts to assist Father. See generally In re Eventyr J.,	14
1995-NMCA-087, ¶¶ 11-12, 120 N.M. 463, 902 P.2d 1066 (setting forth grounds to	15
terminate parental rights).	16
{4} 	For the foregoing reasons and the reasons outlined in our notice of proposed	17
disposition, we affirm the termination of Father’s parental rights.	18
{5} 	IT IS SO ORDERED.	19
_________________________________	20
LINDA M. VANZI, Judge	21

—

WE CONCUR:

o MMe

J. MILES HANISEE, Chief Judge

4 Voge

JULIE'S. VARGAS, Jtidge