Legal Question in Family Law in New Mexico
what do I do now?
15 year old niece showed up at my mother in law's house she had tried to kill her self would rather die then live with her mother. After getting out of the hospital on Tue they went to CYFD the child is stated that her mother has been abusing her since sixth grade CYFD says that she doesn't look abused they get kids like her in there all the time she is lucky her mother is allowing her to stay at her grandparents to cool off. We told them that my brother in law was going to place a protection order on the mother for the child and they said if she really felt that she was being abuse they would place her in CYFD custody and they are over all Judges and Doctors what they say goes. My brother in Law still when threw with the protection order we are due in court on Tue. The child's mother went to CYFD Friday and signed a paper giving POA to my mother in law. CYFD then called my mother in law and said that if she got down their right then and there and signed a paper agreeing to drop the order of protection that the childs mother would give her custody of her . The paper states POA for medical and school only nothing else not were she lives anything. Well the paper my mother in law signed said that she would drop the protection order however to my knowledge she could not have made that agreement to begin with because her son was the one who filed the order for protection for his daughter and why would CYFD make such an agreement knowing that Abuse allegations are in question in this order of protection for this child. Also we now know that the POA can be revoked by the mother at anytime. So what do we do now? The child is scared to death there is also my 10 year old step son in the home to think of but he never sustained the abuse his sister did however their mother is does drink to the point she gets out of control and also both children have stated she does drive them after drinking often. Please give us some advise thanks Amber
1 Answer from Attorneys
Your letter is a little difficult to understand. If CYFD is investigating the allegations of abuse and they don't want to let the child go back with her mom, then they will likely look for a relative to place the child with until the investigation has been completed.
If they substantiate the allegations then they can either try to put in place some sort of in-home treatment plan or they can look for a permanent place for the child. They prefer to place the child with relatives but it could also be a foster home.
You don't say what kind a hearing is scheduled for Tuesday - is in on the restraining order or is it a custody hearing with CYFD? If it's CYFD hearing the court can order a guardian ad litem (an attorney to advise the court on the best interests of the child) for the child, and a respondent's attorney for the mom. If it's a restraining order, it's a hearing to make the temporary order permanent; they usually look for a stipulation - some kind of deal.
Usually CYFD tries to work out a family plan in cases like this.
I suggest you and your husband contact the CYFD investigator, let them know your relationship to the child, that you are concerned and would like to be present at the meetings they have with the child and family ("family-centered meeting", it's called) to work out her future.
You can call me if you want to ask questions. 505 280-3110.
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