SOUTHERN NEW MEXICO
CYFD drops NM teen at Texas border crossing
15-year-old American citizen united with mother in Mexico despite past abuse complaint
A 15-year-old Doña Ana County resident reportedly was removed from foster care by New Mexico’s Children, Youth and Families Department on July 6 and left at a border crossing in El Paso.
Agency staff drove him across state lines to the Paso del Norte crossing to Ciudad Juárez, according to multiple sources familiar with the case.
There, at about 8:30 p.m., he was dropped off and told to meet his estranged mother in Mexico.
The child refused to cross the border and reportedly spent 10 days in a homeless shelter as Texas Child Protective Services assisted him. When CPS contacted CYFD, the agency reportedly refused to collect the child: His case had been closed and he was no longer in their jurisdiction.
The child was escorted to Juárez and united with his mother on Friday.
Local child welfare professionals familiar with the case said they worried for the child’s safety and questioned CYFD officers’ judgment, first in dismissing a substantiated abuse case against the mother and then, within hours, instructing the child to walk across a bridge and leave the ϼ States carrying his belongings. He reportedly ran away almost immediately but has since been found.
In a statement Wednesday, the agency said, “Nothing is more important to CYFD than ensuring vulnerable children are safe, protected from harm and have a chance to thrive, and the department kept that mission front and center as it sought to unite the 15-year-old boy with his birth mother in Mexico.”
The Journal is not identifying the boy because he is a minor, nor other family members, to protect the child’s safety.
‘A really traumatic transition’
He was born in New Mexico in 2010 to parents who were Mexican nationals. For nine years, the child lived with family friends described in court documents as godparents, along with two siblings.
According to court petitions that are publicly available, the father has been out of contact for several years, and the mother was named in a substantiated abuse claim against the child years prior. Those records and sources familiar with the case said the mother was recently arrested on a criminal charge and, earlier this year, deported to Mexico.
For reasons that are unclear, the godparents applied to be guardians for two of the siblings, but not the 15-year-old, who was placed in a temporary foster home.
At a July 6 custody hearing that was not a public proceeding, sources said CYFD moved to dismiss the abuse case, telling a judge it had no concerns about the mother and that the agency intended to unite the child with her, against the child’s wishes.
Responding to queries from the Journal, the head of New Mexico’s Office of the Child Advocate, Dawn Walters, said she became aware of the case after the July 6 dropoff and was in touch with Texas CPS and the child directly, up to Thursday of last week.
“Being sent to a parent in an unfamiliar country would be a really difficult transition, a really traumatic transition for a child who already has a lot of trauma,” Walters said.
Walters said she has been in contact with CYFD staff as well as Texas CPS and the child himself to gather facts about what took place and to assess the child’s situation. Among her concerns were the child’s health conditions and need for prescription medication.
She has been out of contact with the child since he entered Mexico.
“Per CYFD, this case is closed to them,” Walters said. “He wasn't living with his mother, so it's not a return. It is a concern to me that he was sent to a parent who hadn't been providing care for him, and it's not clear to me what steps were taken to ensure that the mother was aware of his medical needs, of his prescriptions and how to obtain those things once he was in a different country with a different medical system.”
Walters’ office is new, created by the state Legislature in 2025 as an independent child welfare watchdog attached to the state Department of Justice. Walters, an attorney who formerly worked at CYFD herself, was appointed by Gov. Michelle Lujan Grisham in January and started on the job in March.
Maralyn Beck, executive director of New Mexico Child First Network, told the Journal the information she had gathered about the case suggested the child’s wishes had not been honored. She compared his expatriation to deporting a child and argued that any statements from CYFD about his welfare needed to be verified by the child himself.
None of the sources speaking with the Journal had had contact with the child since Friday.
Under state law, Beck said, “New Mexico identifies and recognizes that youth 14 and over have agency and should be able to share their wishes. That's why youth 14 and over get a youth attorney, not a guardian ad litem. This youth has made his wishes clear. Unless you have spoken to the youth himself, we are ignoring his explicit concerns, his explicit wishes, and I do not believe he is safe.”
Balancing unification and safety
Federal and state laws require CYFD to reunite abused and neglected children with their families whenever possible, unless it conflicts with a child’s health and safety.
However, by the New Mexico Department of Justice released in April stated: “Instead of safeguarding vulnerable children, the Department has prioritized family reunification at virtually any cost — returning children to dangerous caregivers with histories of substantiated abuse or chronic neglect, and who refuse treatment or services to address those underlying issues.”
When the 220-page report was released, CYFD rejected claims that the agency put reunification over safety.
Lujan Grisham responded to the report at the time by saying it depicted the agency’s struggles prior to acting CYFD Secretary Valerie Sandoval’s leadership. The governor appointed Sandoval to the job in 2025. The Governor’s Office referred queries about this incident to CYFD.
"Our independent investigation into CYFD found that the agency's failures were not isolated incidents, but the result of deep, systemic problems that have put New Mexico's most vulnerable children at risk for years,” DOJ Chief of Staff Lauren Rodriguez stated Wednesday.
“The circumstances surrounding this latest incident only reinforce what our report concluded: the systemic issues identified in our investigation continue to exist. New Mexico's children deserve a child welfare system that acts with urgency, competence, and accountability."
The Texas Department of Family and Protective Services did not comment about the case.
CYFD stated that it had assessed the mother, including two home visits, “and determined her to be safe and appropriate for placement of the child.” It did not state when or where that assessment took place.
The agency also said it “had several conversations with this child about unification with his mother prior to the (July 6) hearing,” and it had determined he had not suffered abuse or neglect.
“Throughout this case, the department took strenuous steps to keep the child safe and to keep a family together,” CYFD said in its statement. “The department had no legal grounds to take custody and place him in foster care.”
CYFD addresses border crossing
The agency confirmed that its staff had escorted the boy to the border crossing but had no jurisdiction to cross an international border.
“The boy was released to walk over the bridge, the CYFD employee called the mother who said she’d Facetime back with the boy, but he never arrived on the Mexico side,” CYFD said in its statement. “He apparently crossed over several lanes of traffic and walked back into the U.S. Border Patrol checkpoint and then fled into Texas.”
CYFD also stated that while the boy was staying in El Paso, the agency assisted him in refilling a medical prescription and later coordinated his passage into Mexico with the mother, the Mexican consulate, Texas DFPS and border law enforcement. The agency said the child declined to communicate with CYFD by that point.
“As of Monday … the boy was living with his mother,” the statement said.
Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.