NEWS
AG: Yearlong inquiry into CYFD leadership and child deaths shows 'moral failure'
Lawsuit filed to bar agency from using confidentiality laws to cover up failures, retaliate against foster parents
Maybe 1-year-old Isabel never had a chance.
She was born drug-exposed, extremely premature, and had a father with 21 arrests in his criminal history. Isabel died of head trauma after her mother slammed her against a wall.
But in the months before her violent end, the baby had been thriving in foster care. Then the state Children, Youth and Families Department returned her home for a trial visit — despite warnings of the risk.
Her shocking case, highlighted by New Mexico Attorney General Raúl Torrez on Wednesday, underscored what he said were the structural and systemic failures discovered during his agency’s yearlong investigation of CYFD operations.
In the Albuquerque news conference, he focused on three deaths, but noted that 14 children died from abuse or neglect in 2024 and 2025.
“Every single one of these children deserves to have their story told,” Torrez said in unveiling derived from agent and attorney interviews with more than 150 witnesses, including law enforcement and foster parents, and reviews of more than 20,000 pages of records.
The eight system failures identified inside the agency included failures of leadership and an unstable workforce, gaps in protecting drug-exposed infants, devaluation of foster parents, premature reunification of abused or neglected children with their families, excessive placements of children in state custody, and one issue usually not mentioned in critiques of the agency: the undermining of law enforcement, which Torrez said, “is a theme that occurred throughout the investigation.”
Torrez also announced his agency’s filing of a lawsuit in state district court in Santa Fe, contending the agency’s officials have abused state confidentiality laws to hide its errors and cover up systemic failures that “result in preventable harm to children and to avoid correcting those failures.”
CYFD uses confidentiality, as well, to intimidate employees, advocates and families from speaking out and to retaliate against those who raise red flags about its practices, he said.
Even attorneys helping to conduct the CYFD investigation were “hindered by CYFD’s improper and expansive confidentiality policies,” the lawsuit stated. “Over a six-month period during its investigation, the NMDOJ made more than 10 formal requests for child abuse and neglect records essential to its inquiry.”
CYFD officials in turn rejected many requests, gave incomplete disclosure and obstructed the investigation even after multiple assurances that investigators would comply with state and federal confidentiality laws, according to the lawsuit.
CYFD response
In a statement, CYFD said “many of the issues identified in the report have been addressed by a new management team appointed in September.” CYFD spokesperson Jake Thompson said that, while the agency was still reviewing the report, “it’s clear that it underplays or ignores significant, measurable progress the department has made in the last seven months.”
He said CYFD, under the leadership of Acting Secretary Valerie Sandoval and her team, had already taken decisive action on all eight systemic issues identified in the investigation. He said that action includes hiring 250 new staff over the past six months, closing thousands of already completed cases, establishing new training and support for staff and working with law enforcement statewide to identify at-risk children “and help keep them safe, as law enforcement has authority to remove children from unsafe settings.”
“CYFD did not have the opportunity to review Attorney General Torrez’s findings, recommendations, and conclusions before their release today, which prevented CYFD from assessing them and taking any needed immediate corrective action to better protect children,” Thompson said. “CYFD also disputes that we put reunification ahead of child safety. Federal and state law require we attempt reunification absent aggravating circumstances.”
Thompson said that Sandoval has said on numerous occasions that CYFD has zero tolerance for retribution or retaliation.
Governor says state keeping kids safe
In a statement, Gov. Michelle Lujan Grisham said the report “captures a system of the past.”
“The disturbing episodes recounted in the document occurred before our new Cabinet secretary, Valerie Sandoval, assembled a dedicated and talented new leadership team,”
according to the statement. “This team has rebuilt CYFD's relationships with advocates, attorneys and community partners who now are rowing in the same direction as they transform New Mexico’s system for protecting our most vulnerable children.”
Lujan Grisham concluded her statement by saying, “The Attorney General's report is shocking but shock value doesn’t solve the problems, and our response is to keep doing the important daily work of keeping New Mexico's children safe.”
Torrez said on Wednesday his agency’s investigation may be the most comprehensive overview of CYFD in its 34-year history.
The overall conclusion, he said, is that New Mexico’s child welfare system, “is defined not only by institutional failure, but more importantly, by moral failure. A failure on the part of the leadership and public administrators in that agency who have been incapable and unable to right the ship and create a system that truly protects the most vulnerable.”
The system failures can often be attributed to the conflict between preserving the family of an abused or investigated child, and ensuring the child’s health and safety, he said.
“Rather than prioritizing child safety, there is a cultural orientation that prioritizes reunification,” Torrez said.
As for Children’s Court judges who consider cases of abuse and neglect and hold hearings on whether children should be reunified with their parents, Torrez said, “It is my sense that the cultural orientation that has placed family reunification ahead of child safety is not one that is confined to CYFD. I think there are a number of judges who have made that their touchstone… More important, there are a number of judges who have implicitly embraced this view of confidentiality as a sword.”
Torrez didn’t identify the judges, but added, “I know for a fact that there are judges in districts across the state who have threatened foster families and others with criminal sanctions and contempt citations for speaking out, and that needs to change and that’s something that I intend to raise with the chief justice (of the Supreme Court) at the earliest convenience.”
The investigation was prompted by the suicide of 16-year-old Jaydun Garcia, who had been in state custody staying in CYFD offices because of a lack of foster families. Later CYFD placed him in a congregate group home for boys in Albuquerque from which he ran away multiple times.
“What we have learned in the past year was a revelation, even for me,” Torrez said. He promised to provide for oversight and accountability, “but the era of CYFD stonewalling, of hiding behind confidentiality, of threatening and intimidating people and retaliating against people — this agency will not tolerate it.”
A law enforcement view
Bernalillo County Sheriff’s Chief Deputy David Funes gave a law enforcement perspective at Wednesday’s press event, saying he hears a “constant concern, too often, when our personnel respond to serious situations involving children and families in crisis, and they are frustrated because the level of intervention (by CYFD) does not match the level of danger.”
Deputies who identify serious safety issues with children are “sometimes met with resistance to stronger protective action. They are left frustrated when children remain in or return to unsafe environments before the danger has truly been addressed.”
Children left in abusive homes can feel reluctant to speak openly, Funes said. “It can interfere with the truth, it can delay accountability, and most importantly, it can delay protection.”
He recounted the experience of deputies who responded to repeated calls of domestic violence, unsafe living conditions, lack of supervision, runaway behavior and significant behavioral health concerns involving the children at one particular home.
“Over time, the danger escalated to the point that young children (in the home) accessed a firearm and threatened responding deputies,” said Funes. “This is the kind of moment that makes clear we are no longer dealing with isolated warning signs. We are dealing with a family (in crisis).”
“The concern is simple, our personnel should not have to keep returning to the same dangerous situations because meaningful action (by CYFD) was delayed again and again.”
Torrez, who resigned as Bernalillo County district attorney to become attorney general in 2023, said “there is a profound misalignment right now between the criminal justice system and CYFD.” As an example, Torrez referenced cases of police and prosecutors charging a suspect for child abuse resulting in death while, at the same time, CYFD sought to reunify the accused with the child’s siblings.
He called the situation “demoralizing.”
“Here’s what every police officer, sheriff’s deputy and prosecutor in the state knows, is that the failure of this system is the biggest contributing factor to our public safety crisis. The children who survive, who come out the other side without getting the care and treatment that they need, without getting the protection they deserve and are entitled to, they are often the ones that we end up arresting for violent crimes and sending to prison.”
“There is no amount of prosecution, detention and incarceration that you can do on the back end that will ever change the fundamental crime dynamics in this community if you continue to fail to protect vulnerable kids, abused and neglected kids,” he added.
Torrez said there’s been some modest improvement at CYFD in the area of recruiting of staff and foster parents.
“What I’m looking for is a legislatively led, comprehensive initiative to reexamine the structure of this entire agency,” Torrez said.
Torrez said one of the most important necessities for progress is experienced leadership at the top of CYFD, adding, “I don’t know that we’ve had that frankly, in the last several years.”
Another key recommendation is better treatment of foster families.
“If you are trying to recruit foster families into a broken system or a system that’s having as many challenges as we’re clearly having, is it going to help in that process to threaten, to retaliate against foster families when they raise their hand? To be told by the agency that they don’t want to be heard, it’s the wrong message,” Torrez said.
The investigative report prompted responses from Republicans in the state Legislature, who called it “deeply troubling” and demanded “an immediate, top-to-bottom refocus” of the agency.