Chapter 9, Article 2A NMSA 1978 may be cited as the "Children, Youth and Families Department Act".
History: Laws 1992, ch. 57, § 1; 2007, ch. 65, § 1.
ANNOTATIONSCross references. — For duties relating to the Safe Haven for Infants Act, see 24-22-1 NMSA 1978 et seq.
The 2007 amendment, effective June 15, 2007, changed the statutory reference to the act.
Sovereign immunity barred USERRA claim against the state. — Article I, Section 8, Clause 11 of the United States Constitution, known as the war powers clause, does not authorize congress to subject the state to private suits for damages in state courts pursuant to the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, absent the state's consent and the legislature has not waived the state's constitutional immunity to private USERRA suits for damages. Ramirez v. State ex rel. CYFD, 2014-NMCA-057, cert. granted, 2014-NMCERT-005.
Where plaintiff, who was a member of the New Mexico national guard, was employed by the department; plaintiff was deployed to Iraq; upon plaintiff's return from active duty, plaintiff was reemployed by the department in plaintiff's previous position; plaintiff's working relations with plaintiff's supervisors deteriorated and plaintiff's employment was terminated; and filed a suit under Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, alleging that the department discriminated against plaintiff and terminated plaintiff because of plaintiff's military service, plaintiff's claim was barred by state sovereign immunity. Ramirez v. State ex rel. CYFD, 2014-NMCA-057, cert. granted, 2014-NMCERT-005.