STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
D-202-DM-2020-2495
YOLANDA DENISE WRIGHT AND
SEMAJ CLAUDELL BROOKS,
PETITIONERS,
v.
SHAQUILLE DEONDRA LATRICE COLEMAN
AND UNKNOWN FATHER,
RESPONDENTS,
IN THE MATTER OF KAYDENCE GLORIA MARIA COLEMAN,
A MINOR CHILD.
MINUTE ORDER FROM JANUARY 22, 2021 HEARING, ORDER AMENDING CASE CAPTION AND ORDER FOR SERVICE BY PUBLICATION IN A NEWSPAPER
THIS MATTER came before the Court on January 22, 2021 for a Judicial Review Hearing. The Petitioners appeared and represented themselves, pro se. Respondent (Mother) did not appear and had not been served. Due to the current global pandemic, the hearing was telephonic. The Court, having heard testimony and being otherwise fully advised in the premises,
FINDS and ORDERS:
1. The Court has jurisdiction over this matter pursuant to the Kinship Act. See Section 40-10B-4 NMSA.
2. This case involves the minor child KAYDENCE GLORIA MARIE COLEMAN (‘the Child”), born 2020.
3. The Child’s Unknown Father shall be joined as a party to this case, and the case caption shall be amended as set forth above .
4. On October 13, 2020, the Petitioner were granted temporary kinship guardianship of
the Child.
5. Petitioner Yolanda Denise Wright’ s (Ms. Wright’s) testimony is summarized as follows:
a. She received a call from her niece. Her niece told her that her daughter (Mother) had given birth to the Child outside, near a dumpster.
b. The Child was in the hospital for three (3) weeks after her birth. She was born at 33 weeks.
c. Ms. Wright received a call from social services, stating that Mother was not visiting the Child at the hospital. Social services told Ms. Wright that she had two (2) hours to retrieve the Child from the hospital, or the Child would be placed in the State’s custody.
d. Ms. Wright when to the hospital, picked up the Child, and brought her home.
The Child has been with the Petitioners since then.
e. The Child was on oxygen and medications until June 9.
f. After about four (4) days, Mother called and asked Ms. Wright if she had the Child. Mother then hung up.
g. A few days after June 9, Mother showed up at Ms. Wright’ s home with her girlfriend. They stayed for five (5) or six (6) minutes, and then left. Ms. Wright has not seen Mother since.
h. Ms. Wright served Mother via publication in the Health City Sun.
i. Ms. Wright and Mr. Brooks drove to Santa Fe to attempt to search the putative father registry.
They were unable to submit to a search because they were not the Child’s parents, and did not have her birth certificate or Social Security card. This was because Mother did not fill out any of the Child’s paperwork.
j. Ms.Wright and Mr. Brooks were subsequently able to obtain a birth certificate and Social Security number for the Child.
6. Prior to the hearing scheduled below, the Petitioners shall file proof of service on Mother, and a copy of the Affidavit of Publication.
7. The Petitioners made diligent efforts, without success, to conduct a search with the New Mexico Putative Fathers’ Registry with the New Mexico Bureau of Vital Statistics.
8. The Petitioners shall serve the Unknown Father by publication.
9. The Court finds that a newspaper of general circulation in this county is the Health City Sun, and that this newspaper is most likely to give notice of the pendency of this proceeding to the Unknown Father.
10. The Petitioners shall serve the Unknown Father via publication once a week for three consecutive weeks in the Health City Sun.
11. The Petitioners shall file proof of service on Unknown Father, and a copy of the Affidavit of Publication, after service has been completed and prior to the hearing scheduled below.
12. This matter shall be set for a final hearing on May 14, 2021 at 9:00 a.m. for 15 minutes. THIS IS THE ONLY NOTICE OF HEARING THAT THE PARTIES SHALL RECEIVE.
13. All parties and counsel shall appear telephonically for this hearing. The parties and counsel shall call (800) 747-5150, access code 7827115, at least 5 minutes prior to the hearing.
14. For good cause, the Petitioners’ appointment as the Child’s Temporary Kinship Guardians shall be extended for an additional one hundred and eighty days (180 days) from the date of filing of this Order.
15. The terms and conditions of all prior Orders not expressly modified herein shall remain in full force and effect.
/s/ Amber Chavez Baker
AMBER CHAVEZ BAKER
DISTRICT COURT JUDGE
HCS Pub. February 26, March 5, 12, 2021
