Rule Text
A. Entry of judgment. The judge shall enter a written judgment on petitions alleging abuse or neglect and a written judgment on motions to terminate parental rights. The clerk shall give notice of entry of the judgment and disposition and any judgment on a motion to terminate parental rights.
B. Appeals. Appeals from judgments and dispositions on petitions alleging abuse or neglect and appeals from judgments on motions to terminate parental rights shall be governed by the Rules of Appellate Procedure and the following procedures:
(1) the notice of appeal shall be signed by both the appellant and the appellant’s counsel, unless the appellant is a minor child or state agency or unless counsel complies with the requirements of Subparagraph (2) of this paragraph.
(2) A notice of appeal shall not be filed without the appellant’s signature unless counsel certifies that the appeal is not frivolous or certifies the following:
(a) the appellant contested the proceedings and expressed an intention to appeal the judgment or disposition; and
(b) the appellant has failed to maintain contact with counsel, and despite diligent efforts counsel has been unable to locate the appellant to sign the notice of appeal. Counsel shall specify the last date on which the appellant contacted counsel and the efforts counsel has made to locate the appellant.
Amendment history: 10-310 NMRA, as amended, effective May 1, 1986; January 1, 1987; recompiled, effective March 1, 2003; Rule 10-350 NMRA, recompiled and amended as Rule 10-352 NMRA by Supreme Court Order No. 08-8300-042, effective January 15, 2009; as amended by Supreme Court Order No. 13-8300-024, effective in all cases pending or filed on or after December 31, 2013. As amended by Supreme Court Order No. 13-8300-024, effective in all cases pending or filed on or after December 31, 2013.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When a judge decides a case involving child abuse or neglect, or a case about ending someone's parental rights, the judge must put that decision in writing. The court clerk then has to notify everyone involved once this written judgment is officially filed.
If someone wants to appeal the judge's decision, they need to follow the regular rules for appeals, plus some extra steps specific to these cases. The notice of appeal (the document that starts the appeal process) usually needs to be signed by both the person appealing and their lawyer. There are exceptions to this signature rule if the person appealing is a child or a state agency.
If a lawyer can't get their client to sign the appeal notice, the lawyer still has options. The lawyer can state in writing that the appeal has real merit and isn't just a waste of time. Or the lawyer can explain that the client clearly wanted to appeal during the case, but the lawyer has since lost contact with them despite trying hard to find them. In that second situation, the lawyer must state the last time they heard from their client and describe what steps they took to try to locate them.
Committee Notes
Committee commentary. — This rule recognizes that there are two types of judgments which are subject to appeal, the adjudication and termination of parental rights. See State ex rel. CYFD v. Frank G., 2005-NMCA-026, 137 N.M. 137, 108 P.3d 543, aff’d, 2006-NMSC-019.
The amendments to Paragraph B are intended to clarify the duties of counsel to file a notice of appeal. Failure to file a notice of appeal of the termination of parental rights or an adjudication of abuse or neglect may constitute ineffective assistance of counsel. See State ex rel. Children, Youth & Families Dep’t v. Ruth Anne E., 1999-NMCA-035, ¶¶ 9-10, 126 N.M. 670, 974 P.2d 164 (termination of parental rights); State ex rel. Children, Youth & Families Dep’t v. Amanda M., 2006-NMCA-133, ¶ 22, 140 N.M. 578, 144 P.3d 137 (adjudication of abuse or neglect). If counsel has lost contact with the parent during the appeal period, counsel must file a notice of appeal if the parent actively opposed the termination of parental rights or the adjudication of abuse or neglect and has not expressly waived the right to appeal.
