Court says CYFD failed to make sufficient efforts to help incarcerated father reunify with children

Damien Willis, Organ Mountain News

LAS CRUCES - The New Mexico Court of Appeals has reversed a Doña Ana County judge’s decision to terminate a father’s parental rights, ruling that state officials did not do enough to help him reunify with his children while he was incarcerated.

The father, identified in the court’s ruling only as Frank W., lost his parental rights to three children in 2025 after the Children, Youth and Families Department argued he failed to maintain contact and make progress on a court-ordered treatment plan.

In a memorandum opinion filed April 22, the appeals court found CYFD did not make “reasonable efforts” to support Frank W.’s participation in that plan — a key requirement before parental rights can be permanently severed.

The children were placed in CYFD custody in April 2024 after allegations of neglect, including unsafe living conditions and lack of supervision. At the time, Frank W. was incarcerated out of state.

Court records show he appeared by phone at multiple hearings, asked for help contacting his children and maintained communication with his attorney.

But the appeals court found no evidence that CYFD ever provided him with a treatment plan or clearly explained what was required.

“There is no evidence suggesting that the items of the treatment plan were reviewed with Father at all,” the court wrote.

Without that plan, the court said, Frank W. could not reasonably be expected to make progress toward reunification.

The ruling also rejected CYFD’s claim that he had effectively abandoned his children, emphasizing that incarceration alone cannot justify terminating parental rights.

The court pointed to his repeated attempts to stay involved in the case, including requests during hearings to contact his children.

“Upon being convicted and sentenced to prison time, a parent is not also sentenced to lose parental rights,” the court wrote.

The appeals court found insufficient evidence to support termination under either neglect or abandonment standards and reversed the lower court’s ruling.

The case will now return to district court for further proceedings.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.