Here is the opinion in State, ex rel., Children, Youth, and Families Department v. Marsalee P.
An excerpt:
We examine in this appeal of a parental termination order circumstances that require the district court and Petitioner Children, Youth and Families Department (the Department) to fulfill obligations under the Abuse and Neglect Act, NMSA 1978, Sections 32A-4-1 to -34 (1993, as amended through 2009). We hold that the district court erred by terminating Mother’s parental rights without ensuring that the Department had complied with Section 32A-4-22(I) of the Abuse and Neglect Act, which mandates that the Department “shall pursue the enrollment” on behalf of children eligible for enrollment in an Indian tribe. Accordingly, we reverse the termination of Mother’s parental rights and remand to the district court.
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