NEWS
NM attorney general sues CYFD over expatriated teen
15-year-old allegedly dropped at border crossing and told to cross alone at night
New Mexico Attorney General Raúl Torrez unveiled a lawsuit Tuesday accusing the state Children, Youth and Families Department of violating the law when it expatriated a 15-year-old Doña Ana County resident to live with his mother in Mexico.
The youth was removed from a foster home on July 6 after the agency dropped an abuse complaint against the mother, a Mexican national, during a closed custody hearing and dropped the boy at a border crossing in El Paso that night to rejoin his mother, who had been deported to Mexico in June, following her arrest on a drug-related charge in Texas. The child’s father, also a Mexican citizen, was deported around 2016 and has had no contact with the children since, according to court filings.
The child and his siblings reportedly lived informally with godparents for nine years. A redacted court filing alludes to a custodial issue that arose after the child was briefly hospitalized and there was no legal guardian to whom the hospital could release him. Court filings report that the child suffers from a heart condition requiring prescription medication as well as emotional and behavioral issues. He was subsequently released and placed in a temporary foster home.
The child, who had not lived with his mother in nearly a decade and objected to living with her, fled the crossing and spent 10 days at a homeless shelter. Meanwhile, CYFD declared his case closed and refused to pick him up when Texas authorities made contact. Texas Child Protective Services and Mexican consulate staff escorted him across the border into Ciudad Juárez on July 17, where he reportedly ran away almost immediately and was returned by local police.
The agency claimed to have evaluated the mother’s home and deemed it safe, even though it lacked jurisdiction to enter Mexico. The agency later disclosed it interviewed the mother and saw images of the home in a mobile phone interview.
“The State of New Mexico cannot claim to protect children while abandoning one of its own at an international border,” Torrez stated in a news release. “This case is about more than one child. It is about whether the agency entrusted with protecting our most vulnerable children is following the law, honoring constitutional rights, and putting the safety of children above bureaucratic expediency. When government fails so completely in its most fundamental responsibility, we have both the authority and the obligation to act.”
Torrez filed a civil complaint in New Mexico’s 1st Judicial District in Santa Fe alleging the child’s constitutional rights had been violated, along with a request for a temporary restraining order preventing similar actions and ordering that CYFD facilitate the immediate return of the child, who is referred to in court documents as L.S.
“Unless CYFD is ordered to return L.S. and complete the legally required risk and safety assessment of potential placements, public confidence in the ability of the state to protect its most vulnerable children will be irreparably damaged,” the petition states.
The lawsuit says the child’s foster parents were informed of agency plans to send the child to his mother in Mexico as early as June 29 but did not discuss the situation with the child, assess his wishes or allow his preferences to be heard in court.
Moreover, the lawsuit alleges CYFD left the child at the border with a dwindling supply of heart medication, without any plans for continued medical care and education, and simply instructed him to walk across the Paseo del Norte bridge into another country on his own, at night.
After the child fled across traffic rather than enter Mexico, the lawsuit states that CYFD staff contacted U.S. Customs and Border Protection requesting that the child be denied re-entry, whereupon “federal personnel advised CYFD that it could not force a ϼ States citizen to go to or remain in Mexico.”
At a subsequent meeting facilitated by Border Patrol, CYFD employees allegedly “yelled at the child for crossing back into the ϼ States” and told border agents he was now “Texas’ problem.” Later, CYFD briefly appeared at the homeless shelter to drop off a supply of heart medicine for the child.
New Mexico’s Office of the Child Advocate had urged CYFD and the office of Gov. Michelle Lujan Grisham to prevent the child’s expatriation before referring the case to the state Department of Justice, the lawsuit states.
While federal and state laws guarantee parental rights, statute also requires that the health and safety of abused or neglected children take priority over reunification with families. In an , the DOJ stated that CYFD has prized reunification over health and safety and has also withheld information and records from children’s courts.
The lawsuit seeks a declaratory judgment affirming that CYFD violated its own regulations, the Children’s Code and the state Constitution; facilitate the child’s return to New Mexico; and cooperate with the Child Advocate’s oversight function.
As of Tuesday, the child remained in Mexico.
CYFD did not immediately respond to queries from the Journal about the litigation.
Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.
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