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1 STATE V. SERGIO B., 2002-NMCA-070, 132 N.M. 375, 48 P.3d 764 STATE OF NEW MEXICO, Plaintiff-Appellee, vs. SERGIO B., Child-Appellant.
Docket No. 22,252 COURT OF APPEALS OF NEW MEXICO 2002-NMCA-070, 132 N.M. 375, 48 P.3d 764 May 20, 2002, Filed APPEAL FROM THE DISTRICT COURT OF DONA ANA COUNTY. Thomas G. Cornish, Jr., District Judge. COUNSEL Patricia A. Madrid, Attorney General, Patricia Gandert, Assistant Attorney General, Santa Fe, NM, for Appellee. Phyllis H. Subin, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellant. JUDGES LYNN PICKARD, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Judge, CELIA FOY CASTILLO, Judge. AUTHOR: LYNN PICKARD OPINION

{*376} PICKARD, Judge. {1} Child was committed to the custody of the Children, Youth and Families Department (CYFD) for two years. After learning that the Juvenile Parole Board (JPB) was considering Child's application for parole, the State filed a motion with the children's court seeking to extend Child's commitment for an additional year. The children's court extended Child's commitment, then "stayed" its own order and placed Child under protective supervision for six months. Child argues that the children's court lacked jurisdiction in the matter because it had notice that JPB was considering early release. In the alternative, Child argues that the State was required to provide him with notice of the specific bases for extending commitment before any hearing on the matter. Child also argues that there was insufficient evidence to justify extending his commitment. The State, in addition to disputing each of these arguments, argues that this case is moot because Child's term of protective supervision has ended. {2} We hold that the issues raised in this appeal should be decided because they are capable of repetition, yet evading review. Reaching the merits of Child's arguments, we hold that the children's court had jurisdiction to hear the State's motion because JPB had not notified the court of Child's prospective parole. Nonetheless, we hold that there was insufficient evidence to justify

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