On April 8, New Mexico Attorney General Raúl Torrez released the 224 page report on the investigation by the New Mexico Department of Justice (NMDOJ) of the New Mexico Children Youth and Family’s Department (CYFD) and its handling of abused and neglected children placed in its care. The NMDOJ investigation report was scathing. It declared New Mexico’s child welfare system is int crisis. The NMDOJ investigation into the CYFD identified systemic failures that have repeatedly endangered the children CYFD is sworn to protect. The investigation found the failures are not isolated and they are pervasive, deeply entrenched, and too often result in preventable harm.

The investigation report is entitled “Systemic Failures: How CYFD Endangers The Children Its Meant To Protect”.  The link to review the entire 224 page report is here:

https://nmdoj.gov/publications/cyfd-report/

According to the 224 page report released by the New Mexico Department of Justice, the rampant dysfunction within CYFD largely comes down to two issues:

1. Prioritizing reunification of children with families at the expense of the child’s safety.
2. Misusing state confidentiality laws to keep information from the public.

Attorney General Raúl Torrez said this:

 “Confidentiality provisions have been weaponized by that agency, as a form of intimidation and retaliation not only against their own employees but others who have information about the failures.”

LAWSUITE FILED

During the April 8 press conference releasing the NMDOJ report, Attorney General Raúl Torrez announced that the NMDOJ also filed a lawsuit against CYFD alleging the child welfare agency intentionally obstructed its investigation by improperly citing confidentiality laws designed to protect children’s privacy in abuse and neglect cases. The Justice Department alleges CYFD used those confidentiality laws to intimidate staff and foster parents expressing concerns about its practices. The lawsuit alleges that  CYFD management threatened whistleblowers, including former employees, if they came forward.

Attorney General Raúl Torrez said he plans to work with state lawmakers to pursue legislative reforms of the child welfare system, but he believes the Roundhouse must rebuild CYFD from scratch. Torrez said this:

“I am of the view that the Legislature should start with a blank piece of paper. … Instead of trying to redesign a broken house, start with a blank sheet of paper and build what you think needs to exist from the ground up, and then see if you can map that on to the existing structure. … I’m not sure that you can, to be perfectly honest with you, in part because it’s not only a structural problem, it’s a cultural problem.”

House Speaker Javier Martínez, D-Albuquerque, said he did not disagree with Torrez’s suggestion to rebuild CYFD from the ground up.  Speaker Martinez noted  he has sponsored legislation in the last 3 years  to move control of the child welfare agency out from under the governor to an independent commission. He also said CYFD is spread too thin to be effective, given it manages both protective services and juvenile justice programs, a point also made by the Justice Department in its report. Speaker Martínez said this:

“The truth of the matter is, the agency has long outlived its usefulness, quite frankly. The fact that we have the same agency dealing with foster children also dealing with criminal justice is insane, and that has to change.”

SPECIAL SESSION SUGGESTED

During the last two legislative sessions, state lawmakers on both sides of the aisle introduced dozens of bills in an attempt to fix CYFD. During the 2025 Legislative Session, lawmakers created a watchdog group for the agency called the Office of the Child Advocate (OCA). In light of the AG’s investigation, some lawmakers say it’s time to pull the department out from under the governor’s oversight. Speaker of the House Javier Martinez, (D-Albuquerque), said this:

“We’re not going to rest until CYFD is pulled from outside of executive purview. It needs to be its own agency. It needs to answer to its own commission, and it needs to ensure that children are protected.”  

State Senator Crystal Brantley (R-Elephant Butte) said this:

“We need to come in, in a non-partisan way, very quickly and swiftly to bring massive overhaul changes to this organization, to dismantle this agency and rebuild it from the ground up. ”

With this being a gubernatorial election year, some  lawmakers are saying  it’s a critical time to get something done. Senator Brantley said this:

“I believe that some sort of change, and perhaps with the shift of a new governor, it doesn’t need to come out from underneath the governor, but it does need to have continued oversight.”

Albuquerque area Democrat State Senator Michael Padilla said the ongoing failures of CYFD detailed in the report were “unacceptable for the protection of New Mexico’s children.” However, he noted CYFD has struggled for many years and said the blame did not lie with Lujan Grisham’s administration.

Senator Padilla  said he plans to propose legislation next year that would move governance of CYFD to a board of regents rather than the governor. The panel should include people experienced in child welfare such as a behavioral health specialist and a foster parent, and that it should have an executive director to closely oversee the child welfare system who would not turn over when a new governor is elected. Padilla said this:

“I think this allows for long-range planning, budgeting, financing, goal-setting and development for the people that do this very important work. … This is a perfect time, actually, we have a new governor coming to office; they’re not going to have the battle scars if you will, of what’s happened over the past 24 years.”

Speaker of the House Martinez said that he’s open to discussions with  Attorney General Raúl Torrez and a potential Special Session to reform CYFD.  Martinez said this:

“If the governor were willing to call [a Special Session], we would be at the table, with a range of possible proposals and solutions to fix this agency.”

Speaker Martinez and Senator Padilla have  both said they plan to re-introduce proposals next session, moving CYFD to an independent state agency outside the governor’s control.

https://www.kob.com/new-mexico/new-mexico-lawmakers-plan-cyfd-reforms-after-lawsuit-alleges-withheld-info/?fbclid=IwY2xjawRHoi1leHRuA2FlbQIxMABicmlkETEyZE1WaGd2ZnJGMHF6OVRjc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHoJEHLfUplZo0pj1_MwICDTzTJiZlKxSGTVz1D8mBvPoYZxX5liWNPdsQXQ9_aem_gOHU6ofU-fZ0RDbMI6WUUw

https://www.santafenewmexican.com/news/local_news/systematic-moral-failing-justice-department-issues-scathing-report-on-cyfd/article_b890516e-bf85-45fb-a55c-d9903567715b.html

https://www.yahoo.com/news/articles/needs-own-agency-mexico-lawmakers-011739780.html?fr=sycsrp_catchall

ATTORNEY GENERAL RAÚL TORREZ REJECTS SPECIAL SESSION TALK

New Mexico Attorney General Raúl Torrez for his part is welcoming all ideas from state lawmakers to reform the Children, Youth, and Families Department and goes on to say that lawmakers must be on the forefront to advocate real change. However, Torrez has made it very clear that he does not want Governor Lujan Grisham to convene a Special Session of the legislature. Torrez  says that  the convening  of a Special Session is not the answer but that the legislature needs to wait for the election of a new governor in November and allow the 2027 legislature to deal with the crisis with real solutions. Torrez said this:

“I think the next governor is going to be expected to have a comprehensive plan for dealing with this in January next year. And it’s my hope that between now and then, candidates for that office and members of the legislature can really start honing in on what those ideas look like, and they can put this at the top of their agenda to act on [it in January.] … I don’t get a sense that the kind of broad restructuring of this agency that has been apparent for years now is something that is going to get traction in the current sort of climate, the current context. So I’m really focused on the future.”

Torrez said any serious candidate for Governor must have a plan to address the culture of CYFD and its lack of accountability, or they are not qualified to lead the state.

Torrez has pointed out that both political parties agree that something needs to be done and says it’s a unifying factor for New Mexicans. If issues with CYFD are properly handled, Torrez believes there will be a direct positive impact on reducing crime. He has said that during his time as the Bernalillo County District Attorney, he found that the children who do survive foster care often end up in the criminal justice system.

Governor Michelle Lujan Grisham  has appointed four secretaries over her eight years in office. Torrez said leadership is a driving factor behind the agency’s systemic failures, but acknowledges it goes back decades, well before the current administration.

The link to the relied upon or quoted news source is here:

https://www.krqe.com/news/new-mexico/new-mexico-attorney-general-pushes-for-new-governor-to-address-cyfd-issues/

COMMENTARY AND ANALYSIS

Any and all talk of a Special Session before the end of the second term of Governor Michelle Lujan Grisham on January 1, 2027 should cease and desist. The blunt reality is that Governor Lujan Grisham is a lame duck and her influence is waning. Lujan Grisham for the last two years has essentially resisted all reforms of CYFD and its likely she will not change her attitude and her resistance to change and reforms. The new governor should not be hamstrung with decisions made by a hastily conferred Special Session.

It is no surprise that the legislators are already talking about reforming the CYFD agency during the 2027 legislative session. The discussion no doubt will start with the recommendations contained in the NMSOJ investigative report. The recommendations made in the NMDOJ report are commendable, but the blunt reality is that they will likely take years to achieve. The level of corruption and dereliction of duty by CYFD is likely so extensive that it would be best to simply abolish the department for the level of incompetence over so many decades.

LAWSUIT FILED  DOES NOT GO FAR ENOUGH

On April 8 Attorney General Raúl Torrez announced that the NMDOJ filed a lawsuit against CYFD alleging the child welfare agency intentionally obstructed its investigation by improperly citing confidentiality laws designed to protect children’s privacy in abuse and neglect cases.

The NMDOJ lawsuit does not go far enough. AG Torrez in the NMDOJ lawsuit filed against CYFD should seek the complete takeover of CYFD by the courts.  The New Mexico Courts, perhaps even the Supreme Court, need to intervene with a complete takeover of CYFD with the appointment of a Special Master to begin an aggressive agenda to bring the department under control until the legislature can act. 

The suffering and abuse of New Mexico’s children is preventable and must be stopped immediately. The CYFD crisis is immediate and needs aggressive legal action by New Mexico Attorney General Raúl Torrez.

CREATE INDEPENDENT AGENCY

During the 2027 legislative session, the New Mexico legislature needs to step in and abolish the Children’s Youth and Family Department as it is today and create a new, independent agency that is overseen by a governing board, much like what has been proposed by New Mexico Speaker of the House Javier Martinez.

Links to related articles are here:

NM Department Of Justice Finds “Systematic Moral Failing” Of Children Youth And Family Department (CYFD) In Blistering, 224 Page Investigative Report; Lawsuit Initiated Against Agency; COMMENTARY: Enough Is Enough! Abolish CYFD And Create New, Independent Agency With A Legislative Appointed Commission   

NM Lawmakers Plan Reforming Children Youth And Family Department During 2027 Legislative Session; COMMENTARY: Flirtation With Convening Special Session Should Cease; Leave Work Of Reforming CYFD To New Governor During 2027 Legislative Session

On April 8, New Mexico Attorney General Raúl Torrez released the  224 page report on the investigation by the New Mexico Department of Justice  (NMDOJ) of the New Mexico Children Youth and Family’s Department (CYFD) and its handling of abused and neglected children placed in its care. The NMDOJ investigation report was scathing.  It declared New Mexico’s child welfare system is in crisis. The NMDOJ investigation into the CYFD identified systemic failures that have repeatedly endangered the children CYFD is sworn to protect. The investigation found the failures are not isolated and they are pervasive, deeply entrenched, and too often result in preventable harm.

The investigation report is entitled “Systemic Failures: How CYFD Endangers The Children Its Meant To Protect”.  The link to review the entire 224 page report is here:

https://nmdoj.gov/publications/cyfd-report/

According to the 224 page report  released by the New Mexico Department of Justice, the rampant dysfunction within CYFD largely comes down to two issues:

1. Prioritizing reunification of children with families at the expense of the child’s safety.
2. Misusing state confidentiality laws to keep information from the public.

Attorney General Raúl Torrez said this:

 “Confidentiality provisions have been weaponized by that agency, as a form of intimidation and retaliation not only against their own employees but others who have information about the failures.”

LAWSUITE FILED

During the April 8 press conference releasing the NMDOJ report, Attorney General Raúl Torrez announced that  the NMDOJ also filed a lawsuit against CYFD alleging the child welfare agency intentionally obstructed its investigation by improperly citing confidentiality laws designed to protect children’s privacy in abuse and neglect cases. The Justice Department  alleges  CYFD used those confidentiality laws to intimidate staff and foster parents expressing concerns about its practices. The lawsuit alleges that  CYFD management threatened whistleblowers, including former employees, if they came forward.

Attorney General Raúl Torrez said he plans to work with state lawmakers to pursue legislative reforms of the child welfare system, but he believes the Roundhouse must rebuild CYFD from scratch. Torrez said this:

“I am of the view that the Legislature should start with a blank piece of paper. … Instead of trying to redesign a broken house, start with a blank sheet of paper and build what you think needs to exist from the ground up, and then see if you can map that on to the existing structure. … I’m not sure that you can, to be perfectly honest with you, in part because it’s not only a structural problem, it’s a cultural problem.”

House Speaker Javier Martínez, D-Albuquerque, said he did not disagree with Torrez’s suggestion to rebuild CYFD from the ground up.  Speaker Martinez noted  he has sponsored legislation in the last 3 years  to move control of the child welfare agency out from under the governor to an independent commission. He also said CYFD is spread too thin to be effective, given it manages both protective services and juvenile justice programs, a point also made by the Justice Department in its report. Speaker Martínez said this:

“The truth of the matter is, the agency has long outlived its usefulness, quite frankly. The fact that we have the same agency dealing with foster children also dealing with criminal justice is insane, and that has to change.”

PLANS UNDERWAY FOR 2027 LEGISLATIVE SESSION

The reaction to the NMDOJ investigation by New Mexico lawmakers was swift and universal. State lawmakers expressed outrage at the Justice Department’s findings. They also expressed  ideas on how to move forward and are looking ahead to next year’s 2027 legislative session to work on possible reforms of the CYFD.

Some efforts, including a possible constitutional amendment that removes CYFD from control of the Governor were discussed at the end of the 2026 legislative session as priorities for 2027. That effort, if passed by lawmakers and then voters, would have stripped the governor of New Mexico’s authority to appoint the agency’s cabinet secretary. Governor Lujan Grisham strenuously opposed any and all serious efforts by the legislature to reform CYFD. Governor Lujan Grisham is term limited and a new governor will be sworn in on January 1, 2027 a mere 3 weeks before the commencement of the 2027 legislative session

House Speaker Javier Martinez said this:

“[Legislation removing CYFD  departmental control from the governor was] … a piece of legislation that we pushed … [during the 2026] past session. That is a constitutional amendment, so it requires ratification by the voters. … we are already working on that legislation, and we will present it again in the 2027 legislative session.”

Although Martinez supports that notion of giving the power to appoint CYFD’s leader to an independent commission, he steadfastly denies the accusation that Governor  Lujan Grisham’s administration is solely at fault for CYFD’s troubles. Speaker Martinez said this:

“This failure of CYFD predates this governor. And I would invite folks from the other side of the aisle to remember what prior [Gov. Susana Martinez] didn’t do with CYFD.  In fact, [Gov. Susana Martinez] … actively opposed childcare and early childhood education, which are among the most effective tools to prevent child abuse.”

Republicans have pushed backed. Republicans  say Governor Lujan Grisham will be defined by CYFD’s failures. Sen. Nicole Tobiassen, a Republican representing Bernalillo County, said this:

“I think this is our current governor’s legacy, and it’s not a good legacy. … The next governor better be ready to come in and clean it up and clean it up really quickly. And if not, they’ll be hearing from quite a few of us.”

Tobiassen  said the CYFD’s problems cannot be blamed on a lack of funding, since more funding hasn’t seemed to yield many improvements, based on this latest lawsuit. Tobiassen said this:

“We more than fund this agency, especially when there are times when there’s a 24% vacancy rate in employees. They’ve got plenty of money sitting there.”

House Speaker Martinez noted that one issue that continues to plague CYFD is having to deal with too much at one time, and that fixing that issue will be one of his priorities during the  2027 legislative session. Martinez said this:

“The fact that foster children are in the same agency as the agency that deals with criminal justice issues for youth is absurd. … That should have never happened. That’s one of the many fixes we need to imagine in the next legislative session.”

SPECIAL SESSION SUGGESTED

CYFD reform has been on the agenda of legislative sessions. Last year, lawmakers created a watchdog group for the agency called the Office of the Child Advocate (OCA). However, other efforts from both parties to overhaul the agency have failed including the push to separate it from the Governor’s Cabinet.

During the last two legislative sessions, state lawmakers on both sides of the aisle introduced dozens of bills in an attempt to fix CYFD.  In light of the AG’s investigation, some lawmakers say it’s time to pull the department out from under the governor’s oversight. Speaker of the House Javier Martinez, (D-Albuquerque), said this:

“We’re not going to rest until CYFD is pulled from outside of executive purview. It needs to be its own agency. It needs to answer to its own commission, and it needs to ensure that children are protected.”  

State Senator Crystal Brantley (R-Elephant Butte) said this:

“We need to come in, in a non-partisan way, very quickly and swiftly to bring massive overhaul changes to this organization, to dismantle this agency and rebuild it from the ground up. ”

During this year’s session, the governor said new laws aren’t the answer. Governor Michelle Lujan Grisham said this:

“If we keep squeezing it, it does not, in my opinion, get better; it gets more challenging.”

With this being a gubernatorial election year, lawmakers said it’s a critical time to get something done. Senator Brantley said this:

“I believe that some sort of change, and perhaps with the shift of a new governor, it doesn’t need to come out from underneath the governor, but it does need to have continued oversight.”

Albuquerque area Democrat State Senator Michael Padilla said the ongoing failures of CYFD detailed in the report were “unacceptable for the protection of New Mexico’s children.” However, he noted CYFD has struggled for many years and said the blame did not lie with Lujan Grisham’s administration. Padilla  said he plans to propose legislation next year that would move governance of CYFD to a board of regents rather than the governor. The panel should include people experienced in child welfare, he said, such as a behavioral health specialist and a foster parent, and that it should have an executive director to closely oversee the child welfare system who would not turn over when a new governor is elected. Padilla said this:

“I think this allows for long-range planning, budgeting, financing, goal-setting and development for the people that do this very important work. … This is a perfect time, actually, we have a new governor coming to office; they’re not going to have the battle scars if you will, of what’s happened over the past 24 years.”

Speaker of the House Martinez said that he’s open to discussions with  Attorney General Raúl Torrez and a potential Special Session to reform CYFD.  Martinez said this:

“If the governor were willing to call [a Special Session], we would be at the table, with a range of possible proposals and solutions to fix this agency.”

Speaker Martinez and Senator Padilla have  both said  they plan to re-introduce proposals next session, moving CYFD to an independent state agency outside the governor’s control.

https://www.kob.com/new-mexico/new-mexico-lawmakers-plan-cyfd-reforms-after-lawsuit-alleges-withheld-info/?fbclid=IwY2xjawRHoi1leHRuA2FlbQIxMABicmlkETEyZE1WaGd2ZnJGMHF6OVRjc3J0YwZhcHBfaWQQMjIyMDM5MTc4ODIwMDg5MgABHoJEHLfUplZo0pj1_MwICDTzTJiZlKxSGTVz1D8mBvPoYZxX5liWNPdsQXQ9_aem_gOHU6ofU-fZ0RDbMI6WUUw

https://www.santafenewmexican.com/news/local_news/systematic-moral-failing-justice-department-issues-scathing-report-on-cyfd/article_b890516e-bf85-45fb-a55c-d9903567715b.html

https://www.yahoo.com/news/articles/needs-own-agency-mexico-lawmakers-011739780.html?fr=sycsrp_catchall

DOJ RECOMMENDATIONS

Albuquerque area State Senator Michael Padilla said he would  welcome a set of recommendations from the AG’s Office to the legislature on how to fix CYFD and said this:

“These are the 3, or 17, or 93 things that need to change in order for us to have access to the information that helps us to make long-term decisions, and set long-term goals.”

Given the comments from Senator Padilla, the recommendation made by the NMDOJ in its report merit review. To address the systemic breakdowns undermining CYFD’s mandate, the NMDOJ made five major recommendations to reform the CYFD in its investigative report. The recommendations are:

1. BUILDING A SKILLED & SUPPORTED WORKFORCE:

• Pursue surge hiring of mission-critical staff—including investigators, PPWs, and Children’s Court attorneys—and accelerate recruitment and onboarding.
• Prioritize recruitment of social workers, establish pathways for existing staff to earn BSW/MSW degrees, and require (at a minimum) that supervisors, county office managers, and other investigations and permanency decision-makers maintain social work licensure.
• Strengthen partnerships with higher education institutions to support internship-to-employment pipelines for social work graduates.
• Implement a comprehensive retention and wellness program that pairs new hires with robust supports—such as peer buddy systems and experienced mentors—alongside accessible counseling for vicarious trauma and mental health. Leverage workforce assessment tools like the Comprehensive Organizational Health Assessment to identify root causes of turnover and shape employee development strategies.
• Tailor separate training tracks for new investigations, permanency, and licensing and support staff to enhance role clarity and competency.
• Implement mandatory, periodic training for investigators and PPWs, and leadership programs for incoming supervisors, targeted to address past performance gaps.
• Child Welfare Expert Recommendations:  Mayola Miranda’s Recommendations for Advancing the Workforce.

2. STRENGTHENING ABUSE & NEGLECT INVESTIGATIONS

• Improve investigations by adopting trauma-informed interviewing practices, corroborating witness accounts, leveraging law enforcement expertise, conducting unannounced home visits, and engaging in broader assessments of potential risks to children.
• Revise investigation finding options by adding a third, “inconclusive” category, prohibit case closures as “unsubstantiated” due to family inaccessibility or non-engagement, and apply consistent standards for investigation substantiation.
• Mandate supervisory compliance with pre-initiation and closure staffings, including escalation to COMs for repeat abuse or neglect reports. Require a critical analysis of safety and risk assessments, confirm service referrals and engagement, and consider alternative interventions if parental participation in services is lacking.
• Create a dedicated team within PSD to investigate fatalities and other critical incidents of children in state custody, with investigative findings provided to the CYFD Secretary and the Office of the Child Advocate.
• Compel CYFD to notify law enforcement upon release of a 72-hour hold, and expand information-sharing practices to support swift welfare checks and facilitate criminal investigations. Explore ways to improve CYFD–law enforcement collaboration, such as co-locating investigators with detectives and/or encouraging joint field experiences to build trust.

3. EVALUATING CHILD SAFETY & DEVELOPING SAFETY PLANS

• Retrain investigators and PPWs on proper use of SDM tools and override criteria, stressing that tools are guidance—not rigid rules—and that professional judgment and common sense must drive final decisions.
• Enforce the policy requiring completion of safety and risk assessments before child reunification, and mandate COM-level (or higher) review and approval of all assessment findings.
• Require that every safety plan is:
• Clear and specific—outline all responsibilities for both families and designated safety monitors;
• Comprehensive—address all identified safety threats and include provisions for key areas of the child’s daily life during pendency of the plan, such as education and medical decision-making;
• Explicit on consequences—define immediate responses for violations, including filing custody petitions. Prohibit use of safety plans as a means to sidestep necessary child removal from abusive or neglectful environments;
• Actively monitored—assign a dedicated staff member with a set monitoring schedule to conduct in-home visits without exception, and report immediately to law enforcement if contact is lost; and
• Closed only when safety is assured: Before plan expiration, complete new assessments and either close upon fully mitigating danger indicators or initiate additional interventions.
• Establish policy criteria for selecting safety monitors, requiring clear role expectations and rigorous background checks. Prohibit monitors with conflicts of interest, substance abuse issues, or close ties to biological parents, including anyone who previously failed to report abuse or neglect or resides in the home where it occurred.

4. CHILD-CENTERED SERVICES & PERMANENCY PRACTICES

• Treat foster families as essential partners by offering ongoing mental and emotional support, meaningful involvement in case planning, and clear communication channels with PPWs and supervisors.
• Ensure foster parents receive essential information prior to a child’s placement, including medical, behavioral, and educational details. Provide timely reimbursement and increased activity stipends to enable caregivers to meet basic needs and support extracurricular activities.
• Create a specialized CYFD team of clinicians to serve children with high needs, provide expert consultation on service recommendations to caseworkers, and ensure access to neuropsychological and other evaluations to support eligibility for appropriate programming.
• Consider legislative changes to the Children’s Mental Health and Disabilities Code to either allow mandated psychological treatment more easily, or raise the age of refusal above 14. Alternatively, create and fund youth services positions to ensure access to care for adolescents age 14 and older.
• Pursue court-ordered services when families refuse currently voluntary services and statutory criteria are met. CYFD should treat service referrals as essential to parental rehabilitation—not mere formalities—and seek custody when caregivers fail to engage with available resources and abusive or neglectful conditions persist.
• Require multidisciplinary consultation among permanency supervisors, clinicians, and attorneys—with documented approval by the CYFD cabinet secretary—before authorizing trial home visits and/or eventual reunification of a child with caregivers who have prior substantiated abuse or neglect reports, ensuring strict oversight and accountability.
• Reduce reliance on congregate care facilities and prioritize development and expansion of community-based behavioral health services—including high-fidelity wraparound services and intensive therapeutic supports—while prioritizing treatment foster care and foster parent recruitment and retention to ensure hard-to-place youth have family-based placements.
• Until the elimination of congregate care facilities:
  1. Require more frequent surveys/inspections of such facilities;
  2. Lower staff-to-child ratios;
  3. Mandate that direct care staff have relevant child welfare experience or complete rigorous trauma-informed training; and
  4. Support the Zero Suicide Initiative under the state Behavioral Health Collaborative and integrate its suicide prevention and treatment protocols into residential and congregate settings.
• Mandate the adoption and publication of clear policies for abuse and neglect investigations in congregate care facilities.
• Require that all investigative outcomes be entered into the department‑wide case management system and establish a statewide tracking process to ensure individuals who have abused or neglected children cannot work in any licensed facility.
• Maintain children in their school of origin unless a change is clearly in their best interest, preserving educational continuity and support systems to minimize instability during time in foster care.
• Establish, through policy or statute, a mandatory adoption full-disclosure process to be completed within a defined timeframe, with enforceable consequences for noncompliance.

5. ACCOUNTABLE LEADERSHIP AND ORGANIZATIONAL REFORMS

• Amend state law to require that CYFD’s Cabinet Secretary possess professional child welfare experience.
• Demand CYFD leadership complete recurring training in child welfare best practices and legal mandates, and cultivate a non-defensive culture where decisions prioritize improving outcomes for children over protecting institutional and personal reputations.
• Consider transferring licensing and certification authority for child-serving facilities from CYFD to DOH to eliminate incentives that prioritize placement availability over safety and quality in licensing decisions.
• Require CYFD’s Office of Constituent Affairs and Office of Advocacy to share all external complaints with the Office of the Child Advocate (OCA), and designate the OCA as an appellate option for complaints unresolved through CYFD’s internal processes.
• Implement youth advisory panels and foster care exit surveys to gather feedback on CYFD performance, require publication of findings, and incorporate results into policy development.
• Seek to restore public confidence through meaningful accountability practices, including the following:

1. Implementing a zero-tolerance policy prohibiting intentional misrepresentations in court proceedings or in communications with families and children;
2. Mandating that all court reports and testimony in permanency proceedings be made under oath, subject to perjury penalties for material, intentional misstatements; and
3. Enforcing a strict prohibition on retaliation by CYFD employees, with consistent application and serious employment consequences upon any violation.

• Institutionalize transparency through the following:

1. Amending state law to limit courts’ authority to sequester hearings or restrict the release of information, except when necessary to protect narrowly defined personal identifying details or in truly exceptional circumstances.
2. Guaranteeing participation in individualized planning/family centered meetings and court proceedings for every member of the child’s care team, including foster parents, therapists, educators, tribal representatives, and other essential stakeholders; and
3. Committing to prompt, accurate disclosures to oversight authorities and release of non-confidential records to the press and the public, while avoiding overreliance on confidentiality protections and providing the maximum information permissible under state law.

The link to review the entire 224 page report is here:

https://nmdoj.gov/publications/cyfd-report/

COMMENTARY AND ANALYSIS

Any and all talk of a Special Session before the end of the second term of Governor Michelle Lujan Grisham on January 1, 2027 should cease and desist. The blunt reality is that she is a lame duck and her influence is waning. Lujan Grisham for the last two years has essentially resisted all reforms of CYFD and its likely she will not change in attitude and resistance to reforms. The new governor should not be hamstrung with decisions made by a hastily conferred Special Session.

It is no surprise that the legislators are already talking about reforming the CYFD agency during the 2027 legislative session. The discussion no doubt will start with the recommendations contained in the NMSOJ investigative report. The five recommendations made in the NMDOJ report are commendable, but the blunt reality will likely take years to achieve. The level of corruption and dereliction of duty by CYFD is likely so extensive that it would be best to simply abolish the department for the level of incompetence over so many decades.

Enough is enough! The suffering and abuse of New Mexico’s children is preventable and must be stopped immediately. The New Mexico Courts need to intervene and order the takeover of CYFD by a special master to begin an aggressive agenda  to bring the department under control. The New Mexico legislature needs to step in and abolish the Children’s Youth and Family Department as it is today and create a new, independent  agency that is overseen by a governing board, much like what has been proposed by New Mexico Speaker of the House Javier Martinez.

The link to a related article is here:

NM Department Of Justice Finds “Systematic Moral Failing” Of Children Youth And Family Department (CYFD) In Blistering, 224 Page Investigative Report; Lawsuit Initiated Against Agency; COMMENTARY: Enough Is Enough! Abolish CYFD And Create New, Independent Agency With A Legislative Appointed Commission   

On April 8, New Mexico Attorney General Raul Torrez released a scathing 224 page report on the investigation by the New Mexico Department of Justice  (NMDOJ) of the New Mexico Children Youth and Family’s Department (CYFD) and its handling of abused and neglected children placed in CYFD care. Torrez  also announced that the New Mexico Department of Justice (NMDOJ)  filed a lawsuit against CYFD in the Santa Fe County District Court to end the department’s misuse of state confidentiality laws.

The investigation report is entitled “Systemic Failures: How CYFD Endangers The Children Its Meant To Protect”.  The link to review the entire 224 page report is here:

https://nmdoj.gov/publications/cyfd-report/

EDITORS NOTE: This article is an in-depth report on the critical findings of  the  investigation report and its conclusions. The article does not cover the extensive case studies of the children neglected and abused. For the sake of brevity the article  does NOT delve into the detailed recommendations and justifications made to correct deficiencies found within CYFD contained in Section V of the  NMDOJ Investigation report.  The NMDOJ recommendation are being reserved for future reference and discussion of proposed action to be taken by the New Mexico legislature during the 2027 legislative session, which includes and amendment to the New Mexico constitution and the potential abolishment of the CYFD.

INVESTIGATION LAUNHCED

The Justice Department’s investigation was launched a year ago after 16-year-old Jaydun Garcia died by suicide at a state-contracted group home for foster children despite repeated requests from other youth for staff to check on him. The New Mexico Department of Justice (NMDOJ) said it granted anonymity to CYFD workers and foster families interviewed as part of the investigation to protect them from retaliation. The NMDOJ  did not identify any of the children or families involved in the cases it investigated but used pseudonyms to protect their identities. The report documents and incorporates extensive “case studies” of at least 28 children. The case studies go  into graphic detail the child neglect and abuse and the children being placed in foster homes or other facilities because their families were being investigated CYFD amid allegations of brutal abuse or neglect.  Many of the case studies are easily recognizable as high-profile cases of egregious child endangerment which many times were reported upon by news outlets.

CHILDREN, YOUTH AND FAMILIES’ DEPARTMENT

The Children Youth and Family Department (CYFD)  is New Mexico’s primary child protection agency entrusted with the following mission:

• Preventing and responding to child abuse and neglect.
• Providing a safe and stable foster care system.
• Upholding every child’s right to grow up in security and dignity.

CYFD’s  mission is  mandated by state and federal law requirements, and court‑monitored reforms, all designed to ensure that CYFD prioritizes the health and safety of children above all else. The NMDOJ initiated its investigation because CYFD has failed in that mission.

CYFD is responsible for protecting and supporting the well-being of children, youth, and families across New Mexico. The Department’s mission is carried out through various divisions, including the following four Department Divisions:

• Protective Services Division (PSD): Investigates reports of child abuse and neglect, manages the state’s foster care system, and facilitates adoptions.
• Behavioral Health Division: Coordinates state behavioral health policy for children, provides clinical consultation, and oversees facility licensing and certification.
• Family Services Division: Connects with and provides direct services to families.
• Juvenile Justice Division: Focuses on prevention and early intervention for youth at risk of delinquency.

CYFD is tasked with upholding and applying the Children’s Code  in accordance with the legislature’s intent. The New Mexico Legislature has mandated that the Children’s Code be interpreted in a way that advances several public policy objectives.  The most crucial public policy objective is as follows:

“[T]o provide for the care, protection and wholesome mental and physical development of children coming within the provisions of the Children’s Code and then to preserve the unity of the family whenever possible. A child’s health and safety shall be the paramount concern.”

CYFD’s Protective Services Division (PSD) is obligated to protect children from abuse and neglect, and only when safely possible, to preserve the integrity of the family unit. CYFD divides its protective services division into three units:

1. Investigations
2. Permanency Planning and
3. Placements

These three units work together to investigate child abuse and neglect and secure a permanent and safe placement for children who have experienced maltreatment at the hands of their caregivers.

EXECUTIVE SUMMARY

The NMDOJ investigation into the CYFD identified systemic failures that have repeatedly endangered the children CYFD is sworn to protect. According to the report, these failures are not isolated but are pervasive, deeply entrenched, and all too often result in preventable harm to children.

The NMDOJ  investigation report contains the following Executive Summary that has been partially edited for brevity:

“New Mexico’s child welfare system is in crisis. The New Mexico Department of Justice (NMDOJ) investigation into the Children, Youth and Families Department (“CYFD”) …  identified systemic failures that have repeatedly endangered the children CYFD is sworn to protect. These failures are not isolated [and] they are pervasive, deeply entrenched, and too often result in preventable harm.

State law is unequivocal: CYFD should strive to preserve and reunify abused and neglected children with their families whenever possible, but when that goal conflicts with a child’s health and safety, the child’s interests must prevail. The NMDOJ investigation makes one fact unmistakable: CYFD has completely inverted that legislative mandate and abandoned its core mission to protect children as its highest duty. 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.

This misalignment between mandate and practice has had devastating consequences, including the deaths of at least seven children since [the] investigation’s inception. And this scale and severity of harm to children over the past year is not an anomaly. New Mexico has long faced disproportionately high levels of maltreatment, repeat maltreatment, and child fatalities compared to national averages.

Interviews, case reviews, and consultation with child welfare experts reveal a troubling pattern: CYFD selectively enforces its own rules—rigidly enforcing these rules when convenient but disregarding or misinterpreting them when compliance requires decisive intervention to protect children. Policies and protocols are often wielded as shields against accountability or disregarded altogether. When children are injured or killed, CYFD’s instinct is not transparency, but self-preservation—deflecting blame, concealing poor decisions, and protecting its image instead of confronting mistakes and embracing lessons that could prevent future harm.

In addition to routinely delaying removals of children from dangerous environments and prematurely reunifying them with unfit caregivers, other systemic failures have emerged, including:

1. CYFD’s leadership has lacked the qualifications and commitment necessary to uphold its obligations, fostering a culture of insularity and resistance to oversight. Rather than embracing accountability and reform, the Department has repeatedly deflected scrutiny, degraded internal guardrails, and misused confidentiality protections to obscure its failures.
2.  CYFD has systematically de-professionalized its workforce, forgoing the hiring of licensed social workers and relying on staff that are ill-equipped to handle the complex demands of child welfare practice. Combined with crushing caseloads, inadequate training, and absent supervision, this approach fuels burnout and turnover.
3.  Investigative practices are deeply flawed. CYFD investigators skip essential interviews, neglect mandatory home visits, apply safety and risk assessment tools inconsistently, and rely on hollow safety plans. These flaws are compounded by a misunderstanding of evidentiary standards, allowing obvious abuse and neglect to go unsubstantiated.
4. Permanency practices are wholly deficient, driven by chronic understaffing, lack of access to trauma-focused services, inaccurate court reports, hearing delays caused by employee unpreparedness, and case management breakdowns that jeopardize child well-being.
5.  Failed implementation of the state’s Comprehensive Addiction and Recovery Act (CARA) law leaves over 1,200 drug-affected newborns at risk each year. Untimely guidance, lack of training for medical providers, unenforceable plans of care, and poor oversight have led to repeated tragedies, including preventable deaths from narcotics exposure.
6. CYFD impedes criminal investigations and devalues the expertise of law enforcement. The Department ignores requests for protective holds or intervention, even amid escalating danger. As a result, children are returned to unsafe environments, leading to repeated police involvement. CYFD’s actions delay or prevent forensic interviews and necessary medical exams, obstructing criminal investigations and prosecutions.
7. Foster families receive inadequate support, poor communication, and face retaliatory tactics, even as CYFD confronts a critical shortage of non-relative foster homes. These practices erode trust, increase turnover, and jeopardize outcomes for children in state custody.
8. Instability in the foster care system is worsening, with children experiencing placement moves at nearly twice the national average—with some enduring dozens of disruptive relocations. Beyond breaching legal mandates, the inability to ensure stable homes derails support systems, impairs formation of healthy attachments, and compounds trauma.
9. CYFD has heavily relied upon office buildings as makeshift placements for children in state custody, exposing them to physical injury, sexual assault, drug use, and severe psychological harm. Housing children in office buildings strips them of privacy, therapeutic care, and the stability of a family setting, while overwhelming staff who must manage chaotic conditions and balance a child’s supervision with daily tasks.
10. CYFD’s excessive dependence on congregate care facilities—designed only for short-term clinical placements—has led to unsafe conditions characterized by violence, misuse of restraints, staff mistreatment, chronic understaffing, lack of supervision, and even suicide.   … .

The child welfare crisis is not an unavoidable reality, but the direct result of poor leadership, indefensible choices, missed interventions, and a widespread lack of transparency.

CYFD’s shortcomings go beyond mere bureaucratic mismanagement—they represent a systematic moral failing—measured in children continuing to be abused, neglected, and lost. The following case studies, documented throughout this report, offer a window into the human cost of that failing.

The NMDOJ’s investigation was not intended to merely catalog CYFD’s many missteps but rather serve as an urgent call to action for policymakers, stakeholders, the newly appointed [Child Advocate Office (AOC)], and leaders within CYFD.

The Department’s history of empty assurances and half-measures in safeguarding children are no longer acceptable—the price for delay and denial has been too high.

The path for CYFD to restore public trust is clear: acknowledge the depth and impact of their failures, institutionalize accountability, and embrace meaningful, lasting change. CYFD’s future legitimacy—and the safety and well-being of those it serves—depends on a renewed and unwavering commitment to its highest duty: putting children first.”

NMDOJ CONCERNS HIGHLIGHTED

According to the report, amid an ongoing crisis of turnover among CYFD’s front-line case workers, the agency has increasingly recruited people who are not qualified to do their jobs and moved away from hiring experienced, licensed social workers.

Justice Department investigators wrote this:

“Faced with high caseloads and poor retention, CYFD lowers employment standards to quickly fill vacancies, often hiring individuals without relevant credentials or experience.”

According to the NMDOJ report, the problem of an unqualified CYFD workers is accompanied by the staggering rate at which New Mexico children are exposed to abuse and neglect compared with the rest of the country. A recent report by the NM Legislative Finance Committee found 13.9 children out of 1,000 have experienced maltreatment in 2024. The national level is 7.2.

The Justice Department said CYFD’s failures are in part fueled by the agency’s overcommitment to keeping at-risk families together. While Child Protective Services workers are obligated to make reasonable efforts to keep families together, the NMDOJ said CYFD must prioritize a child’s safety and not send a child back to a home where they are likely to be hurt again.  The NMDOJ investigation  report states:

“CYFD’s failures to make timely and common-sense decisions that prioritize child safety has been a central driver of New Mexico’s child maltreatment crisis.  In many cases, CYFD’s chronic inaction has led to extended delays in removing children from dangerous environments or not removing them at all.”

The Justice Department’s concerns about unqualified employees also reached the top levels of leadership at CYFD, with investigators saying several people formerly in senior positions had reported former Cabinet Secretary Teresa Casados’ [as having a]“limited understanding of child welfare issues [which] negatively impacted the Department’s performance.”

Justice Department investigators found that in many of the most severe abuse and neglect cases discussed in the report, CYFD made efforts to hide its failures, including by doctoring investigators’ accounts. NMDOJ investigators wrote this:

“When children are injured or killed, CYFD’s instinct is not transparency, but self-preservation — deflecting blame, concealing poor decisions, and protecting its image instead of confronting mistakes and embracing lessons that could prevent future harm.”

The Justice Department alleged that CYFD also obfuscated its investigation over the past year, resisting requests for child abuse and neglect records and releasing only some of the information requested. CYFD often cited an “inappropriately broad reading” of state laws protecting children’s privacy in abuse and neglect proceedings. The report states:

“CYFD’s approach was consistent: deflect, delay, and withhold. … CYFD’s application of confidentiality operates more as an impediment to transparency and accountability than as a genuine safeguard for the privacy of children and families.”

INVESTGATIVE REPORT CONCLUSION

The NMDOJ report ends with the following conclusions:

“The NMDOJ’s investigation points unmistakably to one conclusion: CYFD has wholly abandoned child safety as its guiding principle. The witnesses interviewed and case studies highlighted show the grave harm that can result when CYFD delays removing vulnerable children from dangerous environments or reunifies them with families before underlying safety threats are resolved. Reunification should be the goal, but only when caregivers have meaningfully addressed the conditions that led to removal. A more deliberate child-centered approach is essential to ensure that reunification supports—not undermines—long-term family stability and child well-being.

CYFD has fallen short in multiple other respects, including:

• Tolerating weak leadership;
• Avoiding transparency and accountability;
• Shifting away from hiring licensed social workers,
• Yielding a poorly trained and unsupervised workforce buckling under high caseloads;
• Performing flawed investigations and superficial safety plans;
• Permitting chronic permanency delays;
• Failing to protect drug-exposed infants;
• Disregarding law enforcement warnings and protective hold requests;
• Eroding partnerships with foster families;
• Allowing placement instability to worsen; and
• Relying on office stays and expanded congregate care facilities that subject children to physical violence, sexual assaults, and ongoing trauma.

The NMDOJ expects this report to serve as the foundational roadmap guiding the incoming state child advocate’s work. Central to their success is unfettered access to the records required to evaluate CYFD’s decisions and practices. Yet the NMDOJ’s investigation has shown that CYFD regularly resists such cooperation, even when the law plainly requires it.

If the child advocate encounters this familiar resistance, policymakers should respond promptly and decisively to compel the Department’s compliance. The Office of Child Advoacte (OCA)  must not be reduced to a symbolic role whereby it is presented as the face of CYFD’s oversight but denied the levers of action to effectuate it.

Equally important, the child advocate must neither rubber-stamp CYFD’s actions nor excuse or rationalize its misconduct but instead serve as an unapologetic champion for children’s safety and well-being. Transparency and accountability can no longer be optional.”

CYFD REPONDS TO REPORT

On April 8, CYFD spokesperson Jake Thompson issued the following statement:

“We are still reviewing the attorney general’s report, but it’s clear that it underplays or ignores significant, measurable progress the department has made in the last seven months — progress acknowledged by outside partners, the plaintiffs and co-neutrals in the Kevin S. settlement and sister agencies.

The death of any child is a tragedy. We grieve the loss of every life and share in the heartbreak endured by family and friends. 

 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. 

The attorney general identified eight systemic issues and CYFD, under the leadership of Acting Secretary Valerie Sandoval and her team, had already taken decisive action on each. This includes: 

• Hiring nearly 250 new staff over the past six months, closing thousands of already completed cases to sharply cut caseloads and established new training and support to keep staff.
• Working closely with the state Health Care Authority, Department of the Health and the Early Childhood Education to implement the governor’s executive order related to the Comprehensive Addiction Recovery Act, reducing deaths of substance exposed babies under the directive to zero.
• Providing new resources for foster families, building out a more specialized care system known as Foster Care Plus for children with high needs and actively recruiting more foster families.
• The end of office stays. The practice of children staying in offices ended on
  February 12. A new and collaborative public and private partnership is successfully placing children in safe settings.
• Working with law enforcement across the entire state to identify at-risk children and help keep them safe, as law enforcement has authority to remove children from unsafe settings.
• CYFD strongly disputes that we are overusing congregate care, when, in fact, ninety percent of children in foster care are placed in family settings, including kinship, based on their needs. 
• CYFD also disputes that we put reunification ahead of child safety. Federal and state law require we attempt reunification absent aggravating circumstances.

Acting Secretary Sandoval has said on numerous occasions that CYFD has zero tolerance for retribution or retaliation.”

CYFD Spokesman Thompson disputed that CYFD places higher priority on keeping families together than on children’s safety. He noted federal and state laws require the agency to attempt to reunite families when there are no indications serious harm will come to children. Thompson said CYFD has already made progress on each of the systemic issues identified in the report, providing new resources for foster families and creating a new program for specialized foster care. Thompson said CYFD has made significant progress in addressing its workforce issues, hiring nearly 250 new case workers in the past six months, closing thousands of completed cases, and implementing new training and support to help retain staff. Thompson also disputed some of the issues the Justice Department cited, such as CYFD relying too heavily on group homes and other congregate care settings.

LAWSUITE FILED

During the April 8 press conference releasing the NMDOJ report, Attorney General Raul Torrez said the NMDOJ also filed a lawsuit against CYFD alleging the child welfare agency intentionally obstructed its investigation by improperly citing confidentiality laws designed to protect children’s privacy in abuse and neglect cases. The Justice Department  alleges in the lawsuit CYFD uses those confidentiality laws to intimidate staff and foster parents expressing concerns about its practices.

Attorney General Raul Torrez said he plans to work with state lawmakers to pursue legislative reforms of the child welfare system, but he believes the Roundhouse must rebuild CYFD from scratch. Torrez said this:

“I am of the view that the Legislature should start with a blank piece of paper. … Instead of trying to redesign a broken house, start with a blank sheet of paper and build what you think needs to exist from the ground up, and then see if you can map that on to the existing structure. … I’m not sure that you can, to be perfectly honest with you, in part because it’s not only a structural problem, it’s a cultural problem.”

GOV. MICHELLE LUJAN GRISHAM REACTS

On April 8, Gov. Michelle Lujan Grisham issued the following statement in response to the NMDOJ report and the lawsuit filed:

“I share New Mexicans’ heartbreak over these disturbing allegations, and I will never minimize the tragedy of any child that CYFD has failed to protect. [However] …  it’s important to note that the Attorney General’s 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. 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. Child welfare agencies sometimes fail — sometimes tragically — but they are designed to shield our most vulnerable children from heinous abuse at the hands of adults who are supposed to care for them.

Child welfare failures aren’t unique to New Mexico — they exist in every state, driven by decades of structural gaps, misaligned federal and state law and systems ill-designed to keep pace with the complexity of the families they serve. I have always known that. And unlike some, I haven’t just talked about it. When my administration recognized that CYFD needed bold, structural change, we acted. In January, I issued an executive order prohibiting the overnight placement of children in CYFD offices. The order directed the agency to work with partners to ensure every child is placed in a safe and appropriate setting.

Overnight office stays ended on Feb. 12. Last summer, I directed CYFD to reform its approach to enforcing the Comprehensive Addiction and Recovery Act, requiring the state to immediately seek custody of newborns exposed to drugs. The program so far has resulted in 168 children removed from dangerous homes. We’ve increased foster parent payments by 25%, putting more resources in the hands of the people doing one of the hardest and most important jobs in New Mexico. We’ve also extended foster care eligibility from 18 to 21, providing young adults, aging out of the system with housing support, behavioral health services, job assistance, and food access. And we continue to do more.

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.”

LAWMAKERS REACT

State lawmakers universally expressed outrage at the Justice Department’s findings. They also expressed  ideas on how to move forward.

House Speaker Javier Martínez, D-Albuquerque, said he did not disagree with Torrez’s suggestion to rebuild CYFD from the ground up. Speaker Martinez noted  he has sponsored legislation in the last 3 years  to move control of the child welfare agency out from under the governor to an independent commission. He also said CYFD is spread too thin to be effective, given it manages both protective services and juvenile justice programs, a point also made by the Justice Department in its report. Speaker Martínez said this:

“The truth of the matter is, the agency has long outlived its usefulness, quite frankly. The fact that we have the same agency dealing with foster children also dealing with criminal justice is insane, and that has to change.”

Albuquerque area Democrat Sen. Michael Padilla said the ongoing failures of CYFD detailed in the report were “unacceptable for the protection of New Mexico’s children.” However, he noted CYFD has struggled for many years and said the blame did not lie with Lujan Grisham’s administration. Padilla said he plans to propose legislation next year that would move governance of CYFD to a board of regents rather than the governor. The panel should include people experienced in child welfare, he said, such as a behavioral health specialist and a foster parent, and that it should have an executive director to closely oversee the child welfare system who would not turn over when a new governor is elected. Padilla said this:

“I think this allows for long-range planning, budgeting, financing, goal-setting and development for the people that do this very important work.”

COMMENTARY AND ANALYSIS

The entire 224 page New Mexico Department of Justice investigation  report is an extremely difficult read as it highlights in graphic detail so many child abuse and child  neglect cases. All excuses given by the Children, Youth and Families Department and any and all claims made CYFD Spokesman Thompson of progress made by the department over the last seven months pales in comparison to the preventable mental and physical damage that has been inflicted upon New Mexico’s children over so many decades of poor performance and dereliction of duty to children by the CYFD.

Enough is enough! The level of corruption and dereliction of duty by CYFD is likely so extensive that it would be best to abolish the department because of the level of incompetence and physical and mental injury to so many children over so many decades. The suffering and abuse of New Mexico’s children is preventable and must be stopped.

The New Mexico Courts need to intervene and order the takeover of CYFD with the appointment of  a special master to begin an aggressive agenda  to bring the department under control until the legislature can act. The New Mexico legislature needs to step in and abolish the Children’s Youth and Family Department and create a new, independent  agency that is overseen by a governing board, much like what has been proposed by New Mexico Speaker of the House Javier Martinez.

Links to quoted or relied upon news sources are here:

https://www.santafenewmexican.com/news/local_news/systematic-moral-failing-justice-department-issues-scathing-report-on-cyfd/article_b890516e-bf85-45fb-a55c-d9903567715b.html

https://www.abqjournal.com/news/ag-yearlong-inquiry-into-cyfd-leadership-and-child-deaths-shows-moral-failure/3019075

https://www.koat.com/article/new-mexico-attorney-general-cyfd-lawsuit/70956044

https://www.kob.com/new-mexico/nmdoj-sues-cyfd-over-alleged-systemic-failures-retaliation-against-whistleblowers/

https://www.krqe.com/news/new-mexico/new-mexico-attorney-general-to-announce-findings-in-cyfd-investigation/

The link to a related article is here:

NM Lawmakers Plan Reforming Children Youth And Family Department During 2027 Legislative Session; COMMENTARY: Flirtation With Convening  Special Session Should Cease; Leave Work Of Reforming CYFD To New Governor During 2027 Legislative Session

Philip A. Snedeker of Albuquerque is a candidate for Bernalillo County Sherriff in the Democratic Paty primary to be held on June 4  ,2026.  He faces incumbent Sherriff John Allen in the Democratic Party primary.  On Sunday, March 29, the Albuquerque Journal Published the following guest column by Philip A. Snedeker entitled “47 years of experience for Bernalillo County”

EDITOR’S DISCLAIMER: The News and Commentary blog www.petedinelli.com was not compensated for publication of this announcement. The announcement is published as a public service to Democratic Party voters.

JOURNAL HEADLINE “OPINION: 47 years of experience for Bernalillo County

My name is Philip A. Snedeker. I am a candidate for the office of Bernalillo County sheriff. I am  seeking the Democratic nomination for the office in the June primary election.

I grew up in Silver City. I attended local schools. I earned a bachelor’s degree in social science and a master’s of arts in educational administration from Western New Mexico University.

I would bring an extensive 47-year career in law enforcement and criminal justice to the sheriff’s office. I began my career as an officer with the Silver City Police Department while attending college. I subsequently served for 10 years as a New Mexico State Police officer in Santa Fe, Farmington and Tucumcari. I was later elected sheriff of Quay County, serving Tucumcari, San Jon and Logan. I additionally oversaw the operations of the county detention center.

I then served for 31 years as a peace officer, probation and parole officer, and administrator for the state’s Probation and Parole Division, including 18 years as the regional administrator of the District Court Services Office in Albuquerque.

As a lifelong, dedicated public servant with a strong commitment to serving the people of my community, I have demonstrated throughout my career a personal dedication to this community and its constituents. I have the experience and knowledge necessary to best represent the interests and concerns of our citizens. I will be focused on implementing comprehensive crime and violence-reduction measures.

I will support changes and modifications to pretrial detention statutes, ensuring violent, repeat, predatory criminals are held in custody. I will commit to research-based, focused-deterrence policing strategies for the well-being of our citizens. I will support and advocate for expansion and funding for programs dedicated to alcohol, substance abuse and mental health treatment. That also means addressing — humanely and responsibly — homelessness.

I will work cooperatively and collaboratively with all criminal justice agencies, courts, corrections and citizens.

I will provide for the safety of our schools, and will establish continuous, cooperative and sound efforts to ensure such outcomes.

My commitment to public safety and the citizens of Bernalillo County is unmatched, and I am professionally prepared to take on the responsibility as sheriff.

I am committed to improving the lives of our citizens, and moving the sheriff’s office to greatness. I am committed to extraordinary ideas and principles, and as such, we are going to see extraordinary results.

The link to the Albuquerque column with photo is here:

https://www.abqjournal.com/opinion/opinion-47-years-of-experience-for-bernalillo-county/3009295

On March 21, 2025, in response to Governor Michelle Lujan Grisham’s announcement to redevelop or move the State Fair, also known as Expos New Mexico, the New Mexico legislature passed legislation creating the “State Fairgrounds District.” It is a board that has redevelopment funding authority over the existing State Fair grounds area. The board has no authority to move the fairgrounds. It will be up to the New Mexico State Fair Commission to make the final  decision to move the fairgrounds.

Voting members of the State Fairgrounds District Governing Board are:

• Governor Michelle Lujan Grisham, chairperson
• Albuquerque Mayor Tim Keller
• Senator Mimi Stewart, Senate President Pro-Tempore, International District, #17
• State  Representative Janelle Anyanonu whose district the fair grounds is located
• City Councilor Nichole Rogers whose district the fair grounds is located
• County Commissioner Adriann Barboa whose district the fair grounds is located
• Peter Belletto, President, District 6 Neighborhood Coalition

MASTER PLAN PRESENTATION BY STANTEC

On June 18, the state General Services Department announced that a $844,433 contract with Stantec Consulting Services Inc. was entered into with the State for Stantec to create a Master Plan  for repurposing the 236-acre tract of land that will make suggestions for the land’s use.

On March 14, 2026, after over three months of community input and surveys conducted, Stantec Consulting Services held a public meeting and made a presentation on the Master Plan which  included a presentation on Phase 1 of the Master Plan.

“Recommendations highlights include the State Fair remaining on the Fairgrounds, with investment in infrastructure and facilities upgrades, as well as an outdoor sports stadium as a strong economic anchor, activating the Fairgrounds and its edges with a walkable, mixed-use core, including housing and commercial activity.

Based on community feedback and discussion with Expo NM staff, the Fairgrounds would be reimagined from a seasonal venue into a place where residents and visitors can meet, dine, shop, stay, recreate, learn, live, and work through-out the year. Mixed-use environments would be programmed even on non-event days, centering housing, community venues, parks, and workplaces that could significantly expand Gross Receipts Tax (GRT) generation, a portion of which is utilized to unlock bonding for future development on the Fairgrounds.

Critical to Phase 1 recommendations are that the Fairgrounds are integrated into the surrounding neighborhoods by connected streets, parks, activated edges and pedestrian improvements.”

The Stantec report found that the cost of relocating the fair would be $1.1 Billion to $1.970 Billion for relocation and redevelopment. ($1.1 billion along with another $870 million for development. )

The link to review Stantec’s March 14 Master Plan presentation is here:

Click to access NMSFG_Draft-Recommendations_Public-Meeting-3.pdf

STATE FAIRGROUNDS DISTRICT BOARD VOTES TO SPEND $114 MILLION ON PHASE 1

On March 14, the State Fairgrounds District Board held its regularly scheduled monthly meeting on the Fairgrounds, with the meeting chaired by Governor Michelle Lujan Grisham. All 7 voting members were present. The meeting lasted more than two and a half hours.

The State Fairgrounds District Board voted 6-1 to approve Phase 1 of the Master Plan giving  their approval  for the state to spend $114 million in appropriations from the Legislature once the fiscal year begins on July 1. The Phase 1 price tag is upwards of $200 million when combined with previously approved bonds. Phase 1 includes infrastructure maintenance for the State Fair and to add permanent retail space.  According to Stantec Consulting Services Inc  the investment is expected to generate $5.7 million a year in tax earnings which is double what the State Fair currently produces. Phase 1 is expected to create nearly 1,000 jobs. At least $30 million of the budget is dedicated specifically for housing

Representatives with Stantec said the investment covers a wide mix of long‑needed improvements. Stantec said it’s recommending a stadium as an anchor tenant, because it could draw activity year-round.  The funding triggers the start of Phase 1 construction and  includes the following:

• A new multi-purpose sports stadium.
• New housing and business space.
• Park Plaza public spaces.
• Pedestrian safety improvements.
• Infrastructure upgrades.
• New traffic calming and pedestrian safety upgrades on San Pedro.
• New roads through the fairgrounds site, a park, housing.

The vote included  building  an outdoor sports stadium on existing State Fair  property. It also included a mixed use and  mixed-income housing development on the property located at southwest corner of the Fairgrounds  bordered by San Pedro on the West and Central on the South of the New Mexico State Fairgrounds. The Phase 1 development will see the annual State Fair operating as normal while demolition and construction are underway around it.

Ben Lewinger, with Fable Communications, a sub-consultant to Stantec said this:

“This is a true generational opportunity for New Mexicans. This is the first time that a huge area of New Mexico will benefit from a single master plan that will make sure that everything works together, and this is the first time that there’s a funding mechanism to work on that development.” 

Voting “YES” to Phase One were Governor Lujan Grisham,  Mayor Tim Keller, City Councilor Nichole Rogers, Senate President Pro Tem Mimi Stewart, D-Albuquerque, state Rep. Janelle Anyanonu, D-Albuquerque, and Peter Belletto, the president of the District 6 Neighborhood Coalition. Bernalillo County Commissioner Adriann Barboa voted “NO” after her motion to defer the vote for one month narrowly failed. Barboa wanted to defer the decision for a month so that the board could first vote on a Community Benefit Agreement (CBA), which sets out requirements for development, such as local hiring.

Barboa explained her “NO” vote by saying “I am not against a stadium. … I want due process, I want community and I want things that are binding.”

The vote by the State Fairgrounds District Board made no decision over whether the New Mexico State Fair will ultimately move, something  Governor does want and which is a sticking point for many residents who oppose the project.

VOTING FOR DEVELOPMENT ON PROPERTY NOT YET ACQUIRED BY STATE

The Southwest corner property is private property owned by a number of individuals and including limited liability corporations.  It has a total 12 businesses. It was disclosed to the  State Fairgrounds District Board  that the state has sent  letters of interest to purchase at fair market value to the various  property owners and is currently  having appraisals being done for all the property.  No firm offers to purchase have been made.

The State has set aside $22 Million dollars for purchasing the private property with another $15 million set aside for relocation of the business. State officials said  the goal is to acquire all private property at fair market value by September 1.  If the state is unable to purchase the property at fair market value  or if property owners refuse to sell, the state is prepared to initiate condemnation actions.

COMMUNITY BENEFITS AGREEMENT 

During the March 23  meeting, District 6 City Councilor Nichole Rogers said she wants a “Community Benefits Agreement” put in place before construction of Phase 1 moves forward.  A Community Benefits Agreement is a written binding set of protections for local residents.

City Councilor Nichole Rogers said the protections need to be specific. Rogers advocates for 30% of housing to be reserved for local renters or owners and the same percentage for retail space. Rogers emphasized the importance of supporting local business and said a certain percentage of the commercial space must be for  small businesses. Rogers said this about housing:

“Actually putting in binding language that says the people that get to purchase the homes here are not out‑of‑state investors… things that say 30% of the homes built here go to residents of District Six first.”

Councilor Rogers raised more than a few eyebrows and concerns when she disclosed to the Board that she has already prepared a detailed “Community Benefits Agreement” she wanted the board to approve and wanted to be part of the negotiations for a final “Community Benefits Agreement”.

COMMENTARY: It is somewhat embarrassing and a misunderstanding that City Councilor Nichole Rogers has nor does she understand her role as a State Fairgrounds District Board member and her actual authority. The  state fair redevelopment  is a state project on state owned  property. It’s not a city project. It would be totally inappropriate for City Councilor Rogers  to be part of any negotiations for “Community Benefits Agreement” let alone be allowed to write one. It is the State Fair Commission that has exclusive jurisdiction and authority to authorized the negotiation of  a “Community Benefits Agreement” and only after it decides one is needed and if they even want one.  

NEW MEXICO UNITED SOCCER TEAM

Monday’s vote confirmed that an open-air stadium will be part of the Expo redevelopment. However, there are no teams currently tied to an open air stadium.  Any franchise interested in playing there will need to submit a lease proposal. With Phase 1 of the project now approved, the state can begin looking for private partners for the outdoor sports stadium one of which is rumored to be the United New Mexico soccer team.

The city has so far failed to find a home for the United Soccer Team stadium after considering sites in Downtown, near the University of New Mexico and Balloon Fiesta Park. Though the United New Mexico soccer stadium project was approved to be built at the Balloon Fiesta Park in 2023, a lawsuit by three nearby neighborhood associations has halted all progress as the suit makes its way through the state Court of Appeals.

Both Governor Lujan Grisham and Mayor Tim Keller suggested during the March 14 meeting  that United may be interested in the proposed stadium, but both emphasized that nothing has been agreed to.

Governor  Lujan Grisham said it is  still too early to know who could occupy the stadium and said this:

“I have not talked to United directly, but I want this to be an open process. … There is a sense that United is in a really good position to make a proposal, and I certainly I, as the governor, expect them to do so, but I don’t know that they will. … I would be shocked if they aren’t first at the table with a proposal. … United has gotten support out of the legislature multiple times, they’re the most developed team and they fit a soccer stadium for year round use, typically in other parts of the country and we believe here, can connect retail and housing in a really productive way, but another meeting will have to occur.”

Mayor Tim Keller sees this as an opportunity to find a permanent home for New Mexico United. Mayor Tim Keller said this:

“Let’s get a real agreement with United on the table. … We’ve never had a team that really puts butts in seats and that we can build around. … And so they’re the team. They’re the best we got right now.”

After the State Fairgrounds District Board vote, KOB Channel 4 reported it  received a statement from New Mexico United soccer team saying the team is prepared to bring forward a $30 million proposal if it decides the project is the right move. Peter Trevisani, the owner of New Mexico United, said this in a statement:

“We’re encouraged by the State Fairgrounds Board taking this important step toward a comprehensive master plan that includes the potential for a stadium. This is a public process, and it should be, because the future of this site belongs to the entire state and the surrounding community.“

“For New Mexico United, a stadium has always been about more than soccer. It’s about creating a year-round, shared space that brings people together in meaningful and lasting ways.  We’re excited about the possibilities, and for the right project, we’re prepared to bring forward our $30 million private commitment as part of a broader public-private partnership.”

“What matters most is that any development here is thoughtfully integrated into the surrounding neighborhoods, reflecting the shared values of this community and serving as a true catalyst for positive change. This has to work for everyone.  That means incorporating green space and trees, creating opportunities for affordable housing, supporting local art and culture, prioritizing safety and delivering an anchor event center to create jobs, drive commerce and support local business that are working hard to thrive.”

“We look forward to continuing to listen, engage, and collaborate as this process moves forward.”

GOVERNOR LUJAN GRISHAM REACTS TO VOTE

According to  Governor Lujan Grisham, the State Fairgrounds District Board action marks the first time in 40 years that the state has made a multimillion‑dollar investment in Albuquerque’s International District.  Governor Lujan Grisham noted that both past governors and city leaders have tried and failed to redevelop the 236-acre fairgrounds. The governor said she believes the redevelopment could finally bring long‑awaited economic momentum to the area. Lujan Grisham said this:

“I think what the International District needs more than anything is a serious economic development shot in the arm so that it’s more than just the State Fair property. … We’re [now] going to do something about it, so that the people who live here now and the people who want to live here have something meaningful to look forward to. ”

Governor Lujan Grisham said that now that the project has financial backing, any delay is a waste of taxpayer dollars and she said this:

“The longer we wait, the more expensive these [development plans] will get. … What we hope occurs, what we believe occurs, is, once you spend 200 million, the amount of money that keeps coming in allows you to spend a billion dollars.”

 Links to quoted or relied upon news sources are here:

https://www.kob.com/news/top-news/phase-one-plans-approved-for-fairgrounds-what-do-they-include/

 https://www.koat.com/article/phase-fairgrounds-revitalization-plan-forward/70825884

https://www.abqjournal.com/news/governor-local-leaders-vote-to-build-sports-stadium-housing-at-fairgrounds/3007641

https://www.krqe.com/news/albuquerque-metro/state-fairgrounds-set-to-begin-first-phase-of-redevelopment-project/

COMMENTARY AND ANALYSIS

There is no doubt that the surrounding neighborhoods to Expo New Mexico and the State Fair Grounds  breathed  a great sigh of relief that Stantec appears to have abandoned plans to move the State Fair grounds. The two major reasons are:

Extreme hostility to moving it by the public. Repeatedly, members of the public attended  meetings and voiced strong opposition.  Ostensibly, Stantec understood fully the extreme hostility that was voiced by the public over the Governor’s proposal to move the Fairgrounds. It’s extremely disappointing that Governor Lujan Grisham persists in wanting the State Fair Grounds to be moved, and she should abandon her  efforts in no uncertain terms. Her refusal to change her mind about moving the State Fair is likely a matter of being ego driven to complete a legacy project within a mere 9 months before her term ends and its simply not going to happen.

The estimated cost to move it. Although discussion were had that the fair could be moved to another location such as the South Valley and even Mesa Del Sol, the proposal to move it was never seriously taken because of the astronomical  cost. The Stantec report found the estimated cost for relocation of the State Fair would be at a minimum $1.1 Billion to $1.970 Billion for relocation and redevelopment.

SEEKING TO REDEVELOP PROPERTY NOT OWNED

This is called the Governor and the State Fairgrounds District Board “putting the cart before the horse”.  State Fairgrounds District Board voted to spend upwards of  $200 million on property that is not part of the State Fair grounds and where there are 12 business located.  The Southwest corner property is bordered  by San Pedro on the West and Central on the South and is in fact private property owned by a number of individuals and including limited liability corporations. The state sent out Letters of Interest to Purchase with no responses received to date. Appraisals of roughly 30 lot parcels are only in the beginning phases and will likely take  months to complete.

Governor Lujan Grisham and state officials have said they hope to have all the property acquired by September 1 so they can break ground on Phase 1. They are being way too optimistic.  The State has set aside $22 million to purchase the property and another $15 million for relocation on business, and that just may not be enough, especially if you are dealing with an unwilling seller.  Confidential sources have confirmed that property owners are extremely upset with the state efforts to buy their properties and they intend to resist and go to court if need be. State Officials have already said they are willing to initiate condemnation actions if the property cannot  be acquired for fair market value.

BUILD THE OUTDOOR STADIUM FIRST AND FIND TENANT

Rather than placing too much hope on acquiring all the private properties over the next few months,  State Fairgrounds District Board should give approval to start to build the outdoor stadium first on the land the state already owns and is used by the State Fair. In conjunction with commencing building the outdoor stadium, immediate efforts  should begin with finding a tenant, which should include issuance of a Request for Proposals from prospective tenants including United New Mexico Soccer Team.

HIGHEST AND BEST USE OF PROPERTY NOT AFFORDABLE HOUSING.

Phase 1 concentrates on redevelopment  reshaping  the 250-acre site and includes upgrading fairground facilities, adding retail and entertainment options and an outdoor stadium.  What is extremely disappointing is that Stantec persists with proposing mixed-income housing and public park spaces.

$30 million of the Phase 1 monies is set aside for affordable housing and other types of income level housing. The blunt reality is that $30 million will not  go very far to build affordable housing. The term affordable housing is a false narrative. When the term “affordable housing” is used by elected officials, investors and developers, what they mean is “subsidized government housing.”  Construction costs are consistent when it comes to building a new housing.  According to the Homebuilders Digest, construction costs covering everything from materials to the actual construction average between $175 to $225 per square foot. To build a 750 square foot housing unit would therefore carry a cost of $131,000 to $168,750.

What the State Fair District Board completely ignores is that 2024, 2025, 2026 were banners years for state appropriations to expand homeless and housing projects in the City, including in the International District. During the 2024 and the 2025 legislative sessions, the New Mexico Legislature dedicated more than $300 million to various housing-related measures at different agencies, including revolving loans for builders, down-payment assistance and anti-homelessness programs.  The Legislature specifically earmarked $110 million in the 2025  year’s budget of the $10.8 billion budget for affordable housing and homelessness assistance programs. During the 2026 legislative session, the New Mexico legislature appropriated $175 million for statewide housing and homelessness initiatives with the lion’s share going to Albuquerque. The 2025 New Mexico Legislature approved upwards of  $140 million for housing programs during the legislative session with $83 Million of the $140 Million is earmarked for  projects in the Albuquerque area for housing and the unhoused.

PARK AREA ACCESED FROM CENTRAL WILL BE MAGNET FOR CRIME AND UNHOUSED

Phase 1 once again places a major emphasis and dedicates a large portion of the State Fair property to park area with access from Central. The reality of the city’s homeless crisis is that parks are notoriously magnets for crime and the unhoused. At this point, the State Fairgrounds, does not have a crime problem with the New Mexico State Police having primary law enforcement responsibility to calls for service. The lack of crime on the state fair property will no doubt change with a park and access from Central.

Area resident Dave Kailer was absolutely correct when he was questioned whether a proposed park could thrive in the area and he said this:

“You know what is going to happen to that park if you put it in the war zone? It will turn into a homeless park, let’s face it. … I don’t want to be ugly about it or negative about it. I’m just being realistic.”

History tends to repeat itself over and over again especially when it comes to the homeless crisis and parks in Albuquerque. The State Fair District Board might as well dedicate any park on State Fair grounds property with public access from Central as Coronado Park 2 in remembrance to Coronado Park which was closed by the city as a result of more than 125 unsheltered people taking over the park to camp and it becoming a hot bed for narcotic usage, trafficking illicit drugs and violent crime, including homicides and rapes.

MISPLACED REDEVLOPMENT GOALS

Five out of the seven State Fair District Board members are elected officials of the International District with the President of the District 6 Coalition of Neighborhoods all in the International District.  It apparent that the  Governor’s appointed State Fair District Board and Stantec are strictly dedicated to reviving and benefiting the International District. The Governor and her board have essentially  ignored  the needs and concerns of neighborhoods and businesses to the West, North and East of the Fairgrounds. 

The International District, which is bordered by Central South of the State Fairgrounds has had for decades some of the highest violent crime, property crime and drug offense rates, so much so that it was at one time referred to as the WAR ZONE until it was officially renamed the International District, but the renaming had no impact on the trajectory of the area.  The International District continues to be plagued by high crime rates and  now has become a magnet for the homeless with encampments constantly popping up and cleaned up by the city only to pop up again.

Crime and the unhoused is what is destroying  private investment, job growth and small business development within  in the International District. After all the millions are spent to redevelop the fairgrounds, to improve infrastructure and traffic flow, building a park, adding public spaces and allowing businesses and low-income housing, the problems of high crime rates and the unhoused will remain the same in the International District because they have never been solved for decades. No businesses will want to relocate to the State Fair grounds after it is developed into commercial property, and it will become a magnet for crime and for the homeless, especially with parks.

The Governor and her appointed State Fair District Board are attempting to use the State Fair property to solve all the crime, economic problems and lack of affordable housing of the International District.  Until you reduce crime and homeless on Central itself and in the International District itself, redevelopment of the State Fair property to benefit the Internation District will fail and Governor Lujan Grisham will go down as the Governor who destroyed the State Fair for the sake of her ego.

CONCLUSION

Expo New Mexico can be revitalized into an Entertainment and Commercial Hub  that could revitalize the entire SE Heights and surrounding area with creation of all new commercial property areas leased by the State Fair for shops, restaurants, theaters and entertainment venues that would also be used for operations of the annual State Fair and during the State Fair itself.

There should be no affordable housing and no other housing on the property. No portion of the State Fair acreage should be sold to any developer. The existing walls along San Pedro, Lomas and Louisiana should remain intact for security reasons but develop larger entrances. Efforts to revitalize adjoining neighborhoods should only be undertaken by private developers perhaps with state and city development and tax incentives.

Following is a guest opinion column submitted by Jaemes Shanley.  Mr. Shanley is the President of the Mark Twain Neighborhood Association located in the mid-heights and he is the Vice President of the District 7 Coalition of Neighborhoods which boasts membership of 14 neighborhood associations. Mr. Shanley was not compensated for his column and it is being published “free of charge” as a public service to the public by www.PeteDinelli.com.

BACKGROUND INTRODUCTION

It was on February 18, 2026 that the Albuquerque City Council voted 5 to 4 to reject a series of sweeping amendments that Mayor Tim Keller sought to the city’s zoning laws mandating upzoning in all established residential areas of the city.  The debate exposed tensions between affordable housing activists, investors and developers on one side and on the other side were existing homeowners, property owners and neighborhood associations.

Supporters wanted to double or triple density to boost housing supply in all existing neighborhoods, eliminating rights to object or appeal by adjoining or affected property owners. Proponents argued that “flooding the market” with more housing would result in making more affordable housing available for sale or rent. Opposing homeowners, property owners and neighborhood associations argued there was a need to preserve historical areas of the city, to preserve existing neighborhood character, tranquility and livability and to prevent gentrification and no  property tax increases brought on by change in zoning, improvements or a new purchaser.

JAEMES SHANLEY ARTICLE

ALBUQUERQUE CORRIDORS – AFFLICTION AND OPPORTUNITY

BY: Jaemes Shanley, Albuquerque resident.

If I learned anything from my 35-year career in the world of “big corporate” it was “what gets measured gets managed”.

“INNOVATION CORRIDOR”

In early spring last year, a friend of mine sent me the presentation made January 27^th, 2014 by a group of ABQ community “experts” at a luncheon of the National Association of Industrial and Office Properties (NAIOP).  It lays out a proposal for a 5.25 mile “Innovation Corridor” running along Central Ave. from Washington to Atrisco, just west of the Rio Grande River. The vision offered of the potential of this corridor was inspiring: $940 million in new investment and more than 100,000 new private sector jobs by 2024, created in a context of thriving commerce, walkability, and interlinked community innovation.  

The catalytic “thread” for its realization would be a BRT (Bus Rapid Transit) system running along Central.  With then Mayor Richard Berry using this presentation and a [ $125 million] funding grant from the federal government as justification and impetus.  The BRT was ultimately realized as the ART we all know today, but too few of us actually use it.  Some of the alternative proposals from other experts (School of Architecture professors etc.) and community members offered at that time make for painfully nostalgic reading today.

The cognitive dissonance produced by reading this presentation   triggered a “mission” to measure the reality on Central in 2025, which did not seem to reflect any of the “promises” of this 2014 presentation.  If anything, it was the opposite.

JOURNEY ONTO ALBUQUERQUE’S CORRIDORS

Thus began a  journey onto Albuquerque’s corridors to try and quantify their condition.  Beginning at Tramway & Central in March 2025, I covered  its length to the ART terminus beyond Unser Blvd. NW.  What I found was so striking and disturbing that I felt compelled to continue, which I did, adding:

• San Pedro from Gibson to Montgomery.
• San Mateo from Gibson to its end point at I-25 NE.
• Menaul from Tramway to Rio Grande Blvd. and down to Bellamah north of Old Town.
• 4^th Street from Coal SW to Los Ranchos NW.
• The entirely of Zuni Rd. from east of Wyoming to its end at Morningside SE.
• Lomas Blvd. from Tramway to its intersection with Central east of Old Town.
• Wyoming Blvd from Trumbull in the International District to Paseo Del Norte in the far northeast heights.

Among the 6,050 discrete properties I have documented along or adjacent to these corridors are the following:

• 3,271 commercial premises, of which 740 (18%) are empty, closed, for lease, or abandoned
• 198 free-standing empty whole buildings with combined enclosed space of 1.9 million square feet
• 287 vacant lots totaling 217 acres
• 140 fast food outlets, 262 restaurants, 81 cannabis shops, but only 31 grocery stores. I can’t count high enough to include massage parlors and car washes.
• Large, paved parking lot areas underused all over the place
• Unhoused people concentrated or dispersed throughout

These quantitative and qualitative indicators will, I am sure, be replicated as I extend this effort to other ABQ corridors (Juan Tabo, Eubank, Candelaria, Carlisle, 2^nd & 3^rd Streets, etc.).

Long before I became afflicted with this “obsessive compulsive corridor disorder”, others in our city, most notably the former East Central Ministries (now reconfigured as Street Vision), the Center for Housing Economics, and New Creation ABQ,  focused on the International District, were documenting huge numbers of vacant lots and abandoned houses within residential areas that stand year after year as wasted opportunity for near term housing. On multiple sites they have initiated redevelopment and refurbishment by aggregating parcels of funding from private and government sources.

EDITOR’S NOTE: The Integrated Development Ordinance (IDO) is essentially all of the city zoning laws on how properties are zoned for residential, commercial or industrial use development. The IDO includes zoning and subdivision regulations to govern land use and all development within the City of Albuquerque. It establishes the City’s system of planning citywide. The IDO allows the Albuquerque City Council to amend it every two years. This amendment process has resulted in upwards of 140 amendments in the last two years resulting in mass confusion to the public.

The Integrated Development Ordinance (IDO) is the legislated framework of rules by which the official “vision” for Albuquerque’s development documented in the Albuquerque/Bernalillo County Comprehensive Plan is executed. It is dense and granular. The most definitive guidelines and parameters for land use are contained in its zoning provisions and restrictions.

During  the recent “IDO amendment season” much debate occurred around whether or not “priority #1” for Albuquerque should be re-zoning and “permissive” (unaccountable to adjacent neighbors) rather than “conditional” (subject to notification and consultation with community) re-configuration of neighborhoods city-wide.  Little attention or discussion focused on corridors.

A vocal and passionate segment of the community argued that the only way to make housing affordable in Albuquerque would be to remove any zoning restrictions that could potentially question or obstruct higher density housing development by anyone on any street in any single-family home neighborhood city-wide.

I am not going to wade into the merit of elected officials dictating permissive development rules for the single-family home neighborhoods where 66% of Albuquerque’s residents are housed, but I do know what those residents see every day when moving beyond their own neighborhoods.  It is not other neighborhoods.  It’s the corridors they use to navigate through the city.

The impression these corridors convey to the public is not inspiring. It presents a city afflicted, not one that is thriving.  As an Albuquerque resident throughout the 1970’s, a regular visitor from 1982 thru 2006, and full-time resident since 2007, I know from lived experience that Albuquerque has seen MUCH better days.

ALBUQUERQUE RESIDENTS SEE DECLINE

What Albuquerque residents see when car driving, bus riding, biking or walking along most of our major corridors today is a troubling spectacle of a city grappling unsuccessfully with forces of decline:

• An unhoused population numbering in the thousands, existing as nomads within our city limits, subject to the depredations, vulnerabilities and sometimes desperate behaviors that will inevitably accrue to being placeless within an urban context.
• Empty unused built structures, some casualties of homeless concentrations, but most the consequence of an economic change that has transitioned commerce away from local businesses to national “big box”, ultra discount, and online retailers with which few local businesses have capacity to compete.
• Acres of vacant land lots along or adjacent to corridors which, by their very existence, contradict the assertion by some that “we have no more land for infill development”.
• “Got Space”, “Available”, “For Lease” signs on most strip malls, commercial retail and multi-unit office buildings city-wide.
• Vast parking lots less than half used .
• Large (many new) apartment buildings, most advertising units for rent, with ground floor commercial spaces for lease at higher vacancy levels than the apartment units above them.
• Relentless expansion of thrift stores, Goodwill Industries facilities, and other operations serving our growing population of economically marginalized, while the diversity of iconic locally owned businesses that served Albuquerque’s once growing and thriving middle class steadily shrinks, declines, or disappears.
• Encampments of the unhoused pitched against the walls of empty buildings that contain the basic amenities of civilized life to which they lack access (running water, toilets, heating/cooling, stability, security, shelter from elements)

Each of these 8 corridors present contradictory absurdity juxtaposed with the notion of Albuquerque we justifiably hold: that of a “special place” totally unique geologically, geographically, culturally, and historically.  

Having lived in or repeatedly worked in more than 50 cities throughout the world, I know this cradle we call Albuquerque, with its distinctive and dramatic vistas to the east and west, and the verdant belt of the Rio Grande and bosque running through it, has no identical rival.

WHAT IS A CITY?

Wikipedia devotes more than 10,000 words to the definition and description of “city”.  The nucleus and constant of a city is buildings.  The ancient cities we discover archeologically, in Mesopotamia, Egypt, Mezoamerica, and Chaco Canyon are collections of buildings that housed and sheltered people.  Nowhere does Wikipedia characterize a city as a combined population of the housed (placed) with the unhoused (placeless).  Its brief reference to homelessness describes it as a growing problem for cities, not as an intrinsic characteristic. 

A large population of unhoused people, obliged to subsist in its midst as indigent nomads, is a blatant contradiction of the foundational concept of “city”. 

When I visited India in 1994, for the first of what would be many trips, I was appalled by what I saw. There were desperately poor people living in hovels that appeared to be constructed of scraps and refuse.  Yet those poor people were better off than our unhoused Albuquerque neighbors today scattered city-wide and concentrated along east Central or adjacent to the I-40 overpass on First Street, because those poverty stricken in India had at least stable place of shelter, and no authorities were routinely and pointlessly coming by to “sweep” them down the street to another “placeless” location. 

WHAT IS “THE KIND OF CITY WE WANT TO BE”?

I believe that if you were to canvas the residents of Albuquerque to solicit their desires and description of the city they would like Albuquerque to be, the overwhelming majority would state unequivocally that they wish Albuquerque to be above all a city where:

• THEY DO NOT SEE unhoused people wandering or encamped on our streets, sidewalks, and alleys or wandering citywide with shopping carts containing their worldly goods because every resident has “place” providing the most basic amenities of urban life.
•  THEY DO NOT TRAVEL along city corridors that are blighted by declining businesses, vacant premises, and vacant lots.
•  Local businesses and households are not obliged to invest heavily in fencing and security to insulate against the desperate behaviors of people obliged to subsist within our city in desperate conditions.
•  Innovative locally owned businesses established in categories of the economy not captured by national chains or online retailers are overtly supported to maximize their potential for growth locally and beyond.
•  Economic development prioritizes not just “jobs” but career path opportunities in Albuquerque that can restore an upwardly mobile working middle class.
•  Household income and home prices have a relationship that permits purchase of a starter home at a relatively early stage of working life.
•  Albuquerque’s abundant charms and attractions are not diminished or neutralized by all too visible problems it is failing to adequately address.

It is worth noting, when considering this might be a daunting challenge, that the nation of India, since my first visit in 1994, has moved more than the entire population count of the United States from extreme poverty to a position within their middle class.

REALITY CHECK: FACTS THAT MATTER

 Consider the following facts as a reality check for Albuquerque:

• Albuquerque’s population in 2018 was 559,677. In 2026 it was 558,046.  That is a 0.3% decrease.
• Albuquerque’s City Budget in 2018 (the last delivered by administration of Richard Berry) was $956,728,000.
•  The 2027 City Budget proposed by Mayor Keller to City Council is $1,466,195,000. That’s a 53% increase.
•  The oft cited “shrinking” of household size over the past 20 years in Albuquerque, if extrapolated to continue for the next 20 years, with maximum impact on housing supply, will require adding 525 units of housing per year, a rate we are already vastly exceeding.
•  Commercial and multi-family real estate research publisher Berkadia reports apartment vacancies in Albuquerque currently stand at more than 7% indicating oversupply, not under supply.
•  Among 21 major US cities plus Vancouver and Montreal in Canada, Albuquerque experienced the 5^th highest inflation of median home prices between 2020 and 2025 at 51%.
• Of the 16 cities in that group with double digit home price inflation (includes the cities most often cited for having eliminated zoning restrictions), Albuquerque is unique for having negative population growth.
•  Smaller and theoretically less expensive housing options like townhouses, duplexes, quadraplexes, accessory dwelling units (ADU’s) and small multi-unit apartments are and have been “legal” in Albuquerque for a long time.
•  Of the 1,370 small home units I counted along the 8 corridors I surveyed, 40% were townhouse and duplex units, many of them relatively new.

THE HOUSING “CRISIS” IS  AFFORDABILITY, NOT SUPPLY

We do have a real “crisis” in housing for Albuquerque, but it is not supply.  IT’S AFFORABILITY!  As I witness driving around, we are building housing, especially apartment complexes, at a blistering pace city-wide, faster than our demographics demand.

Most of the apartment complexes I see today in Albuquerque have signs offering available units.  Price is the problem.  Given the fact that 50% of households earn less than $76,000, if their monthly housing costs (rent, mortgage, utilities, insurance) exceed $1,900 at the high end it is not “affordable”.  For a single person household working a 40 hour week at $15/hour affordable housing costs cannot exceed $858 per month!

The entire, often hysterical, debate over the “housing crisis”  at State, County, and City level has excluded the one causal factor that points to Albuquerque’s contradictory exceptionalism (high housing cost inflation with no supply shortage) and which will continue to strangle housing affordability no matter how much we densify or build.  That is “urban land price inflation.”

When I arrived in Albuquerque in 1969, Eubank and Montgomery were the “outer limits” on the east side.   We could take our cars at night up to the foothills community of Glenwood Hills, point them west, turn the headlights off, and coast in the dark on Montgomery all the way to I-25 without stopping….or being stopped by the police.  Most of the west mesa was still part of the 7 Bar Ranch owned by the Black family.  The cost of the land on which single family houses were built in the 1950’s, selling new for less than $15,000, was negligible.

Not so today.  As we have built up against the limits to our sprawl, land has become an increasingly finite commodity and that is where the true impact of supply constraint is driving housing price inflation.

An interesting current illustration can be found on a now vacant lot being sold in Nob Hill.  The 1,293 sq ft single family home built in 1947 has been scraped from the site.  The 16% of an acre vacant lot is on the market with an asking price of $249,000.  The Bernalillo County assessed market value of that land is $53,635 with 1/3^rd of that value being taxable at the rate of 0.042254% = $755.36 per year property tax on the land. 

For those who can afford to acquire land in Albuquerque, property taxes are a trivial price to pay while sitting on the investment for future capital gains as it inflates continuously and exponentially when infrastructure or development occurs around it. Land is assessed as 1/3^rd of the total property value when improved with a building (house) and other infrastructure. 

Consider what the value of any housing built on this lot will be, for example a two-family duplex or townhouse, each of them 1,650 sq. ft. leaving 50% of the lot for landscaping, driveway, parking etc.  At an averaged construction cost of $200/sq ft, each unit will have a built cost of $330,000.   Add the cost of the land and you have a unit cost to the developer before adding profit to selling price of $455,000 each.   That’s not heading toward affordability.  The post construction County reassessment of the property value will also add a dramatic valuation and annual property tax increase.  Even squeezing a fourplex onto this lot will not yield “density” that is “gentle” from a cost and price point of view.

Any housing policy discourse in Albuquerque and Bernalillo County that does not seriously include and consider the implications of land price inflation and taxing policy is doomed to wallow in the status quo.  Current reality fully validates the work of economists Thomas Piketty and Nobel Prize winner Joseph E. Stiglitz who demonstrate the contribution of urban land price (expressed in housing unaffordability and resulting concentration of ownership in the hands of the investor class) to the income inequality that underlies so many of our current ills. 

To dismiss books like Broken City, by Canadian urbanist Patrick Condon, who unpacks the issue of urban land price inflation across the English-speaking world is to announce you have not read it.

FLEEING COMPLEXITY

Oversimplification and distraction does not solve complex problems. It simply kicks them down the road.

• That’s how an Accessory Dwelling Unit (ADU), also referred to a casita, ordinance gets passed in the city and over the next 2 years yields only 15 permits.
• That’s how a Safe Outdoor Spaces ordinance gets enacted to try and improve the situation for the unhoused and in the ensuing 2 years only one organization in the City (New Creations Church) is able to scale the financial and logistical obstructions imposed to establish an SOS facility.
• That’s how the City expends hundreds of millions of dollars to buy, build, renovate, construct and contract a vast Gateway System while the visible and countable scale and state of street homelessness is relatively unchanged.
• That’s how we can propose new zoning regulations to permit “bodegas” in the middle of neighborhoods city-wide when even small businesses located on our corridors with access to many more customers are being squeezed by oversized national competition to the brink of extinction.
• That’s how we are bombarded with benchmarking statistics from other cities that bear nothing in common with Albuquerque to justify radical changes to our land use policies.
• That’s how we surrender our economy and commerce to out of state businesses and property owners who harvest the cream (profits, executive salaries, middle management salaries, capital gains) and export it to their headquarters out of state. When we are milked dry, they leave their abandoned premises on our corridors (Walmart, CVS, Walgreens, Franklin Plaza) for years waiting to profit from the land appreciation.
• That’ s how (or perhaps why) we expend great fanfare and funds on Rail Trails, giant tumbleweed sculptures, Rt 66 Visitors Centers, State Fairgrounds Master Planning projects while our most pressing and visible crises persist unresolved…..homelessness, income inequality, housing unaffordability, commercial decay.

RESTORING ALBUQUERQUE’S WHOLE  ATTRACTIVENESS

The commerce that can contribute jobs and higher wages for households depends on restoring Albuquerque’s whole attractiveness to the entrepreneurs, professional practitioners (ie. doctors and mental health professional!), and skilled laborers who will move here with their families to lead and participate in the repair and recovery of our corridors and thus our city. 

Albuquerque needs to utilize the opportunity presented by existing but unused built structure and vacant land as an accessible and core element of a priority program to produce greater housing density and affordability and, most importantly, to effectively end homelessness.

Among its many blessings Albuquerque has an  extraordinary and large eco-system of individuals, non-profits, and coalitions of knowledgeable, experienced, skilled and, above all, deeply committed individuals working tirelessly from every angle to make things better.  A rightly prioritized effort that engaged this community in coordinated partnership with City, County, and State government could accelerate real progress way beyond anything we are seeing.

The “seeds” of a rapid supplemental program of relocation from street homelessness to “intentional supported communities” can be found in the volume of built structure of all sizes we have sitting empty beside the very people who need their shelter. The City and the County have toolkits of “carrots” and “sticks” by which these assets could be engage, short or long term to good effect.  

We should never allow ourselves to lose sight of the fact that, as a wise and knowledgeable community leader states repeatedly when discussing this, “people are dying”.

CONCLUSION

We can and must  fix Albuquerque! If we fix the corridors and the human calamity that is dispersed along them, we can fix Albuquerque.  If we fix Albuquerque the rest of the State will benefit.  A State of New Mexico that is not handicapped by urban affliction in its largest city cannot fail to be one of the most attractive in the nation.

Referenced Corridor surveys, summaries and supporting data are publicly available at:

https://drive.google.com/drive/folders/1dlMLlHv7tc1V5sIBSujL4oZyN3UQufpE?usp=share_link

Respectfully yours,

JAEMES SHANLEY

Jaemes1@mac.com

COMMENTARY AND ANALYSIS

Jaemes Shanley hand delivered his in depth survey to Mayor Tim Keller and all 9 City Councilors. However, it is understood that not a single one of them acknowledge receipt which is a lack of  common courtesy by elected officials. Such lack of common courtesy was the nature of the hostile debate surrounding the mandatory up zoning amendments where the “cold shoulder” was given to  people with opposing thoughts and who were simply ignored or even vilified, especially by city councilors such as the likes of Tammy Feiblekorn.

The term “affordable housing” is about as misleading as it gets. It is a term way too often used by elected officials and politicians to simply declare a crisis with inflated numbers that shows there is not enough housing that allows the poor or low-income people to rent or buy a home and call their own. Housing prices and rental costs never come down. The more appropriate term that should be used is “subsidized” housing where it’s clear what is needed is subsidized funding for those who cannot afford to buy outright or rent and need assistance.

The housing shortage crisis  declared is related to economics, the development community’s inability to keep up with supply and demand and the public’s inability to purchase housing or qualify for housing mortgage loans. The shortage of rental properties has resulted in dramatic increases in rents. It is clear that the City of Albuquerque and the state of New Mexico are suffering from a shortage of housing, but that does not mean it is all affordable housing.

The Jaemes Shanley article provides an in-depth survey and analysis of the city’s corridors with an informed, viable approach to address the city’s affordable housing crisis. The James Shanley column and survey provides a reasonable, rational, measured and well thought out approach to address the city’s affordable housing crisis.  As a separate editors comment and and analysis, a major emphasis by Mayor Keller and the City Council  should be placed upon the use of vacant commercial properties or buildings for conversion to affordable housing as opposed to forcing the doubling or tripling of neighborhood density, destroying historical neighborhoods and leading to gentrification.

Mayor Keller, the Albuquerque City Council and affordable housing activists, investment speculators and developers would be wise to listen to and act upon the Shanley proposals rather than enacting a wave of amendments every two years to the city’s already complicated zoning laws. They should knock it off with ignoring or vilifying those they disagree with especially when it comes to mandatory up zoning and the Integrated Development Ordinance.

___________________________________________________

POSTSCRIPT

The link to related articles  are  here:

City Council Votes 5 To 4 Along Party Lines to enact “Safer Community Spaces Ordinance” Reinstating Immigrant Protections; Commentary: The Killing Of US Citizens By ICE Agents Could Easily Happen Here

ABQ Journal Dinelli Local Columnist Opinion Column: “Council Was Correct To Reject Forced Upzoning”; POSTSCRIPT: Commentary On The Votes of City Councilors Tammy Fiebelkorn, Nichole Rogers, And Joaquín Baca