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IN MATTER OF DOE

No. 14196.

650 P.2d 824 (1982)

98 N.M. 540

In the Matter of John DOE, A Child. STATE of New Mexico, ex rel. HUMAN SERVICES DEPARTMENT, Petitioner, v. Julie STAPLES, Respondent.

Supreme Court of New Mexico.

September 7, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., James W. Catron, Asst. Atty. Gen., Human Services Dept., Santa Fe, for petitioner.

Elaine Hebard, Alamagordo, guardian ad litem for John Doe.

Jefferson R. Rhodes, Alamagordo, for appellees Scott.

Jack Whorton, Alamagordo, for respondent.

OPINION

PAYNE, Justice.

The State brought an action against Staples to terminate her parental rights with reference to her minor son, pursuant Section 40-7-4, N.M.S.A. 1978 (Cum.Supp. 1981). The trial court terminated Staples' rights, and she appealed. The basis for her appeal was that the statute upon which the State relies is unconstitutional.

The Court of Appeals opinion ignores the arguments presented...

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