What is CYFD and Restraining Orders in Albuquerque, New Mexico?

 

CYFD and restraining orders in Albuquerque, New Mexico often go hand-in-hand.

Let’s examine how the two processes often collide with child custody matters in Albuquerque, New Mexico.

 

CYFD Involvement Regarding Claims of Abuse or Neglect

 

CYFD becomes involved with child custody issues when allegations of abuse or neglect are reported to the agency.

Every accepted report of abuse or neglect is immediately assigned to an investigator.  The necessary investigation is then initiated and acted upon according to the severity of the allegations. Once the investigation begins, the assigned investigator interviews and observes the alleged child victim and all other children in the household during the investigation.  The investigator also speaks with parents and collateral sources.

The information that is uncovered from the investigation determines the level of severity that CYFD places on the allegations.   The investigator then meets with the assigned caseworker to decide the next steps.

The caseworker has 45 days from the date of the initial report to complete the investigation and decide whether the report’s allegations of abuse or neglect are substantiated (confirmed) or unsubstantiated (denied). This 45 day requirement is often extended for “good cause shown.”

The vast majority of reports (approximately 90%) are ultimately unsubstantiated for abuse or neglect, with CYFD taking no further action.

CYFD’s unsubstantiated report will state that the allegations of abuse or neglect are not supported by a finding that the child was abused or neglected.

 

Order of Protection (Restraining Order) Process in Albuquerque, New Mexico

 

The CYFD investigation process above often takes 45 to 90 days to complete.  During this extended period of time, one parent will commonly file a Petition for Order of Protection (i.e. Restraining Order), on behalf of the child that raises allegations of abuse or neglect.

Most Petitions for Order of Protection lead to a Temporary Order being entered that grants one parent sole legal custody until a hearing is held.  By statute, this hearing is required to be held within 10 days from the date that the Petition is filed.  Similar to CYFD’s 45 day requirement to complete its investigation, the Order of Protection’s 10 day requirement is often extended for “good cause shown.”  The “good cause” is generally that the court does not have enough staff to handle the matter within 10 days. See NM Stat. 40-13-4.

Often CYFD has not completed its investigation before the Order of Protection hearing is held.  When CYFD is involved, the case worker is generally subpoenaed in order to testify at the hearing regarding the allegations of abuse.

CYFD’s testimony at the Order of Protection hearing is extremely important and often determines the outcome of the hearing.

 

CYFD and Restraining Orders in Albuquerque, NM:  CYFD’s Testimony at Order of Protection Hearing 

 

The assigned Hearing Officer/Special Commissioner will rely heavily on the CYFD caseworker’s testimony at the hearing. In doing so, the case worker will be concerned with the following:

• When the caseworker become involved in the investigation;
• The severity “i.e. priority” of the allegations;
• The scope of the investigation; and
• The information uncovered during the investigation;

Ultimately the Hearing Officer wants to know if the caseworker intends to substantiate or un-substantiate the underlying claims of abuse or neglect.  In this regard, the Hearing Officer wants to know:

• Why are the allegations being substantiated or unsubstantiated;
• Does the caseworker believe that an act of abuse occurred;
• Does the caseworker believe that one parent poses a danger to the child;
• Does the caseworker have any other safety concerns?

Generally speaking, an Order of Protection will be entered when the caseworker informs the Hearing Officer that the claims of abuse and neglect are going to be substantiated, based on a finding that an act of abuse occurred.

When an Order of Protection is entered, the Order can establish temporary custody and timesharing for a period of six months.  The temporary child custody and timesharing that is established in the Order of Protection will need to be examined in a corresponding Domestic Matters (i.e. DM Case) that addresses long-term child custody and timesharing.

When the child’s parents do not have an existing child custody case (i.e. DM Case), the child custody and parents timesharing outlined in the Order of Protection is addressed by the DM Court through a Petition to Establish Paternity, Custody and Timesharing.  Parents that have a pre-existing DM Case, and a pre-existing custody and timesharing order, can use the Order of Protection as the basis for a Motion to Modify Timesharing, based on a “material change in circumstances.”

As you can see, an alleged incident of abuse or neglect can lead to the following stages:

1. CYFD Involvement, investigation, and results;
2. Petition for Order of Protection;
3. Order of Protection hearing where CYFD caseworker testifies;
4. Finding of abuse and Order of Protection being entered;
5. The Order of Protection outlining temporary custody and timesharing, for a maximum of 6 months;
6. The Order of Protection leads to either a Petition to Establish Paternity, Custody, and Timesharing, or a Motion to Modify Custody and Timesharing.

This is how CYFD investigations often go hand-in-hand with Order of Protections.

 

(505) SANCHEZ IS HERE TO ANSWER ALL OF YOUR QUESTIONS ABOUT CYFD AND RESTRAINING ORDERS IN ALBUQUERQUE, NEW MEXICO

 

Do you still have questions about CYFD and Restraining Orders in Albuquerque, New Mexico?  Albuquerque order of protection lawyer is here to answer your questions about CYFD and restraining orders in NM.  Matthew Legan Sanchez has handled restraining orders all across Albuquerque, New Mexico.  Sanchez can be reached by calling (505) SANCHEZ.