NEWS
New Mexico House Democrats announce plan to reform embattled CYFD
Lawmakers plan legislation in January to overhaul the agency, following reports of child deaths
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New Mexico House Democrats hope to introduce a set of bills at next year鈥檚 legislative session aimed at reforming the state鈥檚 embattled Children, Youth and Families Department, which oversees both child protective services and juvenile justice.
At a news conference in Albuquerque on Tuesday, House Speaker Javier Mart铆nez, D-Albuquerque, said the culture within CYFD 鈥渃an be quite toxic.鈥�
鈥淎 lot of people are elevated to management for whatever reason, and caseloads are incredibly hard to manage for the people on the ground,鈥� Mart铆nez said. 鈥淚 do think you need leadership, and you need a shift in culture.鈥�
The announcement comes on the heels of the news that the department had dropped off a 15-year-old American citizen at a border crossing last month in El Paso, Texas, where he was told to travel to Mexico to meet his estranged mother, who was involved in an abuse case.
鈥淭hese stories, unfortunately, repeat themselves over and over and over again, and our children deserve better,鈥� Mart铆nez said.
An April from the New Mexico Department of Justice declared that CYFD had 鈥渁bandoned its core mission to protect children鈥� by prioritizing family reunification 鈥渁t virtually any cost鈥� 鈥� returning children to caregivers who had substantiated histories of abuse or neglect and who had refused treatment or services.
At a news conference that month, New Mexico Attorney General Ra煤l Torrez told reporters that 14 children had died in the past two years from abuse or neglect after CYFD oversights.
Among the House Democrats鈥� proposed reforms is legislation to strengthen the Office of the Child Advocate, the body tasked with overseeing the state鈥檚 child welfare system.
Lawmakers propose giving the office access to CYFD鈥檚 case management system without redactions or manipulations of records, which they say it currently does not have; the power to subpoena; and the authority to interview CYFD staff regarding pending investigations.
The Office of the Child Advocate was created by a 2025 bill, co-sponsored by Rep. Michelle Abeyta, D-To'hajiilee, who said Tuesday that some of the office鈥檚 鈥渒ey powers were stripped out鈥� at the 11th hour of last year鈥檚 legislative session.
鈥淭oday, we are back to restore its teeth,鈥� Abeyta said.
In its report, NMDOJ claimed CYFD relied excessively on confidentiality as justification for withholding information from other state agencies, courts and to the public, impeding legitimate investigations.
鈥淲hen children are injured or killed, CYFD鈥檚 instinct is not transparency but self-preservation,鈥� the report reads.
CYFD spokesperson Jake Thompson said in a statement that the department had made 鈥渕easurable progress鈥� in the last 10 months to hire more staff, reduce caseloads and 鈥渕ake CYFD a better place to work.鈥�
Thompson said the agency was united with Gov. Michelle Lujan Grisham against giving subpoena power to the Office of the Child Advocate, adding that the office was created to investigate complaints and resolve disputes, not to oversee CYFD.
鈥淭he governor predicted the Office of the Child Advocate would become politicized, and today鈥檚 press conference demonstrates that is exactly what happened,鈥� Thompson said.
Rep. Christine Chandler, a Democrat from Los Alamos, said she hoped in the next legislative session beginning in January to ban congregate care like group homes for children under 12.
鈥淵oung children are best cared for in family settings and are especially vulnerable to the trauma of being held in congregate care,鈥� Chandler said.
A third bill, to be sponsored by Rep. Eleanor Ch谩vez, D-Albuquerque, would create a three-person independent committee made up of "child welfare and juvenile justice experts鈥� to oversee the operations of CYFD.
Acting CYFD Secretary Valerie Sandoval is the sixth person in the last six years to oversee the agency, which has had staff turnover as high as 30%, Ch谩vez said.
Ch谩vez said she hopes New Mexico 鈥� which now ranks 49th in the country for child welfare in a national report 鈥� could one day return to its bygone status as a national model for youth services.
鈥淲e did it in the 鈥�90s, and we can do it again now,鈥� she said. 鈥淥ur children, youth and families are depending on us.鈥�
Natalie Robbins covers education for the Journal. You can reach her at nrobbins@abqjournal.com.
