In re Ruth Anne E.

While Robert E. (defendant) was incarcerated in Texas on a felony conviction, Lorena R., the mother of his three children, abandoned the children with a babysitter. The Children, Youth and Families Department (the department) took temporary custody of the children on behalf of the State of New Mexico (plaintiff). When a petition was filed indicating that Robert and Lorena’s children had been abused and neglected and that parental rights should be terminated, Robert filed a response explaining that he was in prison out of state and was poor. Robert requested a court-appointed attorney, the opportunity to testify at hearings affecting his children’s custody, and an order requiring his transport from prison in Texas to the proceedings in New Mexico. In the alternative, Robert requested a continuance until his release. The court-appointed a lawyer for Robert and one for Lorena and issued a transport order for an adjudicatory hearing, but the order was not enforceable. Subsequently, the department filed a motion to terminate Robert’s and Lorena’s parental rights, and a hearing was scheduled over Robert’s objection. At the hearing, Robert’s attorney requested that the hearing be started and then continued, enabling Robert to participate later. The court granted the continuance for one month. However, when the hearing resumed a month later, Robert’s attorney sought another continuance, explaining that Robert had been released and jailed again on a different charge but expected to be released shortly. This time, the court denied the request for a continuance and proceeded with the hearing. Because Lorena did not attend and Robert could not attend, only the department presented witnesses, and these witnesses were cross-examined by Robert’s and Lorena’s attorneys. Termination of parental rights was granted, and Robert appealed, asserting that he was denied due process.