{
  "id": 1571054,
  "name": "HEALTH AND SOCIAL SERVICES DEPARTMENT, Plaintiff-Appellant, v. John DOE, a child, Defendant-Appellee",
  "name_abbreviation": "Health & Social Services Department v. Doe",
  "decision_date": "1978-04-25",
  "docket_number": "No. 3532",
  "first_page": "675",
  "last_page": "677",
  "citations": [
    {
      "type": "official",
      "cite": "91 N.M. 675"
    },
    {
      "type": "parallel",
      "cite": "579 P.2d 801"
    }
  ],
  "court": {
    "name_abbreviation": "N.M. Ct. App.",
    "id": 9025,
    "name": "Court of Appeals of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "88 N.M. 632",
      "category": "reporters:state",
      "reporter": "N.M.",
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        2836508
      ],
      "weight": 3,
      "year": 1975,
      "opinion_index": 0,
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        "/nm/88/0632-01"
      ]
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    {
      "cite": "90 N.M. 572",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        2866959
      ],
      "weight": 3,
      "opinion_index": 0,
      "case_paths": [
        "/nm/90/0572-01"
      ]
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    "simhash": "1:af4c7b6329acdcf7",
    "word_count": 578
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  "last_updated": "2023-07-14T15:07:42.064818+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "HENDLEY and HERNANDEZ, JJ., concur."
    ],
    "parties": [
      "HEALTH AND SOCIAL SERVICES DEPARTMENT, Plaintiff-Appellant, v. John DOE, a child, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "OPINION\nWOOD, Chief Judge.\nThe Children\u2019s Court found that the child had committed a delinquent act and was in need of care or rehabilitation. The court \u201cORDERED that legal custody of the child be placed with the Health and Social Services Department of the State of New Mexico, and said Health and Social Services Department is ordered to place said child in the Vision Quest Program of Tucson, Arizona as soon as is possible.\u201d H.S.S.D. appealed. The issues are: (1) the right to appeal, (2) the transfer to H.S.S.D., and (3) the placement ordered.\nRight to Appeal\nThe child moved to dismiss the appeal on the basis that the \u201cappeal does not come within the scope of the statute permitting appeals by the State in criminal proceedings [N.M.Stat.Ann. \u00a7 21-10-3B(1975 Supp.)], and therefore the State has no authority to take the appeal.\u201d The rules of appellate procedure govern appeals from judgments of the Children\u2019s Court where the child was alleged to be delinquent or in need of supervision. N.M.Crim. App. 101(a). The applicability of these rules to an appeal does not change the fact that Children\u2019s Court matters are not criminal proceedings. Section 13-14-30, N.M.S. A.1953 (Repl. Vol. 3, pt. 1). Section 21 \u2014 10\u2014 3(B), supra, is not applicable. Section 13-14-36, N.M.S.A.1953 (Repl. Vol. 3, pt. 1) authorizes any party to appeal. H.S.S.D. was a party. State v. Doe, 90 N.M. 572, 566 P.2d 121 (Ct.App.1977). The child\u2019s motion to dismiss is denied.\nTransfer to H.S.S.D.\nThe docketing statement challenged the authority of the Children\u2019s Court to transfer legal custody of a delinquent child to H.S.S.D. We proposed summary affirmance as to this issue on the basis of the statute. H.S.S.D. opposes summary affirmance, arguing that we should not give effect to an express statutory provision. The statute is \u00a7 13-14-31, N.M.S.A.1953 (Repl. Vol. 3, pt. 1).\nParagraph A(3) of \u00a7 13-14-31, supra, authorizes the Children\u2019s Court to transfer legal custody of a neglected child to an agency for the care of a neglected child. H.S.S.D. is such an agency. See \u00a7 13 \u2014 1\u2014 4(c), N.M.S.A.1953 (Repl. Vol. 3, pt. 1).\nParagraph B(1) of \u00a7 13-14-31, supra, authorizes the Children\u2019s Court to make any disposition of a delinquent child that is authorized for the disposition of a neglected child.\nUnder these statutes, the Children\u2019s Court could transfer legal custody of a delinquent child to H.S.S.D. See Matter of \u25a0 Doe, 88 N.M. 632, 545 P.2d 491 (Ct.App. 1975).\nThe .Placement Ordered\nOnce the Children\u2019s Court transferred legal custody to H.S.S.D. the court\u2019s jurisdiction ended. Sections 13 \u2014 14\u201412(C) and 13-14-35(A), N.M.S.A.1953 (Repl. Vol. 3, pt. 1). Having transferred legal custody to H.S.S.D. the Children\u2019s Court had no authority to order H.S.S.D. to place the physical custody of the child with any particular organization. Compare State v. Doe, 90 N.M. 572, 545 P.2d 491, supra.\nTransfer of legal custody of the child to H.S.S.D. is affirmed. The order to H.S.S.D. to place the child with the Vision Quest Program is reversed.\nIT IS SO ORDERED.\nHENDLEY and HERNANDEZ, JJ., concur.",
        "type": "majority",
        "author": "WOOD, Chief Judge."
      }
    ],
    "attorneys": [
      "Toney Anaya, Atty. Gen., Santa Fe, Garry Wamser, Asst. Atty. Gen., Legal Services Bureau of H.S.S.D., Santa Fe, for plaintiff-appellant.",
      "John B. Bigelow, Chief Public Defender, Martha A. Daly, Asst. Appellant Defender, Santa Fe, for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "579 P.2d 801\nHEALTH AND SOCIAL SERVICES DEPARTMENT, Plaintiff-Appellant, v. John DOE, a child, Defendant-Appellee.\nNo. 3532.\nCourt of Appeals of New Mexico.\nApril 25, 1978.\nToney Anaya, Atty. Gen., Santa Fe, Garry Wamser, Asst. Atty. Gen., Legal Services Bureau of H.S.S.D., Santa Fe, for plaintiff-appellant.\nJohn B. Bigelow, Chief Public Defender, Martha A. Daly, Asst. Appellant Defender, Santa Fe, for defendant-appellee."
  },
  "file_name": "0675-01",
  "first_page_order": 711,
  "last_page_order": 713
}