STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
Case No. D-202-DM-2016-01765
LLOYD CRAIN, JR. and JOANNE C. TSO,
Petitioners,
v.
HAYDEN DOMINGUEZ, SR. and
MAUREEN RICCRDI,
Respondents, and
v.
DOROTHY NEWBILL
Intervenor.
IN THE MATTER OF THE KINSHIP GUARDIANSHIP OF
H.D. JR., a minor child.
ORDER GRANTING INTERVENOR’S MOTION FOR APPOINTMENT AS KINSHSHIP GUARDIAN OF THE MINOR CHILD AND
APPOINTING INTERVENOR AS KINSHIP GUARDIAN
THIS MATTER came before the Court on December 9, 2020 pursuant to Intervenor Dorothy Newbill’s Motion for Appointment as Kinship Guardian of the Minor Child, filed herein on November 4, 2020 and the Emergency Motion to Intervene, Revoke Kinship Guardianship, and Appoint Intervenor as Kinship Guardian of the Minor Child, filed herein on July 13, 2020. Intervenor appeared telephonically and was self-represented and Petitioners both appeared telephonically and were self-represented. Respondents did not appear. The Court, having reviewed the record, taken testimony from the parties present and reviewing applicable law, FINDS and ORDERS:
1. The minor child in this matter is Hayden Dominguez, Jr. born March of 2016, age four (4).
2. The Intervenor is a kinship caregiver as defined by the Kinship Guardianship Act but is not a relative of the minor child.
3. The Intervenor has had temporary kinship guardianship since July 20, 2020. Petitioners were served with the ex parte order and submitted a stipulated order to appoint Intervenor as kinship guardian.
4. Petitioners consent to the appointment of Intervenor as kinship guardian for the minor child, Hayden Dominguez, Jr.
5. Respondent Mother has not seen or had contact with Hayden Dominguez, Jr. since he was an infant. She has effectively abandoned the minor child.
6. Respondent Father was in contact with the Intervenor, who invited him to family dinners and to spend time with the minor child but Respondent Father has failed to contact Intervenor in many months and none of the parties have current contact information for him. Respondent Father has not had significant contact with Hayden Dominugez, Jr. since he was an infant. He has effectively abandoned the minor child.
7. Respondents were sent notice of the hearing on December 9, 2020 at their address of record but the mail was returned.
8. There are extraordinary circumstances in this matter as neither parent has had legal or physical custody of the minor child since August, 2016, when Petitioners were originally appointed as temporary kinship guardians (a final order was entered in November, 2016, appointing Petitioners as kinship guardians.
9. ICWA does not apply to this matter.
10. Intervenor is hereby appointed as Kinship Guardian, Sections 40-10B-1 to 15 NMSA 1978.
11. As Kinship Guardian, Intervenor Dorothy Newbill has legal and physical custody of the minor child, Hayden Dominguez, Jr., and all the legal rights and authority of a parent except the right to consent to adoption.
12. As the sole guardian for Hayden Dominguez, Jr., the Kinship Guardian may apply for services for the minor child and the parents’ income levels shall be used to determine the minor child’s eligibility for any government assistance program or service .
13. Respondents’ parental rights remain suspended and Petitioners’ kinship guardianship is hereby revoked .
14. Petitioner Lloyd Crain is a family member of the minor child and will continue to have visitation with the minor child as agreed to by the Kinship Guardian.
15. Child support is reserved. The Kinship Guardian may open a CSED case to begin the process of collecting child support.
16. Notice of this case, with the names of the Respondents and this case number, shall be published in the Health City Sun for three consecutive weeks. Intervenor shall arrange the publication and shall file an affidavit of publication into the court record upon completion .
/s/ Jane C Levy
JANE C. LEVY
District Court Judge
12-9-2020
DC
Copies mailed to all parties pro se entitled to notice on date of filing as stated below.
/s/ Amber M. Johnson
Amber M. Johnson, TCAA
Lloyd Crain Jr.
Joann Tso
Petitioners pro se
29 Pine View Rd
Tijeras, NM 87059
Hayden Dominguez Sr
Respondent pro se
2009 Virginia St NE
Albuquerque, NM 87110
Maureen Heather Riccardi
Respondent pro se
2009 Virginia St. NE
Albuquerque, NM 87110
Dorothy Newbill
Intervenor pro se
2033 Virginia NE
Albuquerque, NM 87110
HCS Pub. December 18, 25, 2020, January 1, 2021
