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 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/
The reaction to the NMDOJ investigation by New Mexico lawmakers was swift and universal. State lawmakers expressed outrage at the Justice Department’s investigative report. 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 CYFD.
Some efforts include a possible constitutional amendment that removes CYFD from control of the Governor. Some legislators suggest a Special Session. New Mexico Attorney General Raúl Torrez for his part opposes the convening of a Special Session and suggests the Legislature and the new governor should deal with the CYFD crisis during the 2027 legislative session. Torrez said leadership is a driving factor behind the agency’s systemic failures, but acknowledges it goes back decades, well before the current administration.
TWO CONFLICTING OPINIONS
On April 19 the Albuquerque Journal published two opposing opinion columns on the CYFD investigative released by the NMDOJ. One was a 600 word guest column and the other was a 300 word letter to the editor. Below are both:
LOCAL GUEST COLUMN
OPINION: “The danger of a knee-jerk response to CYFD”
By Maralyn Beck
Since the New Mexico Department of Justice released its recent investigation into Children, Youth and Families Department failures, the idea of removing CYFD from the governor’s authority has been gaining traction. I know in theory that removing political influence from CYFD sounds good, but I caution you that this short-sighted, knee-jerk response could prove problematic.
If you seek to isolate CYFD away from political influence because you don’t trust the Cabinet secretary charged with leading the department, you are blaming the wrong person.
There are currently six candidates running to be our next governor. Fixing CYFD should be their No. 1 issue.
I agree with the Kevin S. Settlement Agreement co-neutrals who have said in no uncertain terms: do not do this. These national experts have knowledge and a proven history of turning around dysfunctional child welfare agencies. Listen to them.
No issue — nor state agency — exists in a vacuum. To improve outcomes for children in state custody, our governor must improve the entire child-serving system. Think chain-reaction machine. It’s all interconnected.
The vast majority of children in state custody are on Medicaid, so CYFD must constantly coordinate with our Medicaid state agency: the New Mexico Health Care Authority. Treatment foster care, behavioral health services and residential hospital programs are also under HCA’s oversight. HCA and CYFD need to work as twin sisters, and to do that, they need the same parent.
HCA is just the beginning. CYFD needs to work with the Department of Health, which currently runs Comprehensive Addiction and Recovery Act Program navigation; the Early Childhood Education and Care Department runs home visiting and universal child care; law enforcement; the Public Education Department; General Services for reimbursements to employees and foster families; and the state’s Human Services Department and Higher Education Department for increasing and supporting the workforce pipeline.
While ensuring our department follows modern, evidence-based and data-driven best practices, it’s worth mentioning that not one other state has removed its child welfare department from its governor’s office. Not one. Nada. Zilch.
As a former foster parent, I know firsthand what an unconscionable failure this agency has been, and how impatient and desperate we are for something to change. But, as someone working in this space daily, I also know that the last thing this agency needs is more uncertainty and instability.
Solutions exist — but please, this isn’t it. There is a fragile balance here, and lives are at stake. Do not be shortsighted on this. We don’t need to separate CYFD from the governor’s control. What we need is a governor who takes more control by taking to heart the chain reaction and interconnectedness of all child-serving agencies.
As the Kevin S. co-neutrals have stated, all state agencies must work together, and the most effective way to do this is to have an “engaged and committed governor, and focused and motivated agency leadership.”
This agency needs radical transparency, immediate culture change and most importantly, experienced, committed leadership, beginning with the governor. The era of CYFD existing in a consequence-free environment must end.
The problems facing CYFD are not insurmountable. We deserve an accountable leader who understands child welfare, will address the toxic culture, professionalize the workforce, respect volunteer foster parents, and serve the children and families whose lives depend on it.
We deserve a governor who will commit to being hands-on and focused: an “engaged and committed governor.” One who will commit to reading the reports from the NMDOJ, the Legislative Finance Committee and Kevin S. co-neutrals. One who will consult with experts and take their recommendations to heart. One who will seek to learn, not to pretend to know.
If you want to fix CYFD, elect a governor who is serious about a hands-on approach rooted in evidence-based safety science, believes that solutions exist, and has the skills necessary to kill a toxic culture. Our children deserve better. Let’s give it to them.
Maralyn Beck is a former volunteer foster parent, and the founder and executive director of New Mexico Child First Network. She is an Aspen Institute Civil Society Fellow, and a member of the AEI Child Welfare Innovation Working Group.
https://www.abqjournal.com/opinion/opinion-the-danger-of-a-knee-jerk-response-to-cyfd/3022036
ABQ JOURNAL TALK OF THE TOWN “LETTER TO THE EDITOR”
HEADLINE: Report shows CYFD needs a fresh start
BY Pete Dinelli, Albuquerque Resident
On April 8, New Mexico Attorney General Raúl Torrez released a scathing 224-page report by the New Mexico Department of Justice of the New Mexico Children, Youth and Families Department and the department’s negligent mishandling of child abuse and neglect children cases. The report highlights in graphic detail case studies of child abuse and child neglect. The NMDOJ’s investigation points unmistakably to one conclusion: CYFD wholly abandoned child safety as its guiding principle to preserve the family unit at all cost.
Upon release of the report, CYFD and Gov. Michelle Lujan Grisham made excuses and claimed progress over the last seven months. The claims of progress were offensive in comparison to the preventable mental and physical damage that has been inflicted upon New Mexico’s children over so many decades because of poor performance and dereliction of duty by CYFD.
Enough is enough. The level of corruption and dereliction of duty by CYFD to New Mexico’s children is so extensive over so many decades that it would be best to abolish the department and start all over because of the level of incompetence and physical and mental injury inflicted to so many children. All the suffering of New Mexico’s children was preventable and must be stopped immediately, and damned be the excuses by CYFD and the governor.
New Mexico courts need to intervene with a complete takeover of CYFD with the appointment of a special master to bring the department under control until the Legislature can act. The New Mexico Legislature needs to step in and abolish the CYFD 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 Martínez.
Pete Dinelli, Albuquerque resident
The link to the Letter to the Editor is here:
https://www.abqjournal.com/opinion/opinion-talk-of-the-town/3023296
COMMENTARY AND ANALYSIS
Maralyn Beck’s assertion that removing CYFD from the authority of the governor is a “short-sighted, knee-jerk response” is too simplistic. It is not based in reality and an attempt to discredit those who want aggressive change. Beck in essence advocates the status quo by refusing to accept the tragic reality of decades of failure that has occurred with so many governor appointed CYFD Secretaries. There is nothing knee jerk about eliminating the source of the problem which is failed leadership by so many cabinet secretaries over so many decades. Governor Michelle Lujan Grisham herself has appointed four secretaries over her eight years in office and things only got worse each time. Lujan Grisham even appointed a retired NM Supreme Court Justice as Cabinet Secretary of CYFD which looked good politically but in reality was a very bad fit.
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. According to the report released by the New Mexico Department of Justice, the rampant dysfunction within CYFD largely comes down one major issue: prioritizing reunification of children with families at the expense of the child’s safety. The safety if a child must always take precedence over a family unit that in reality is none existent or so dysfunctional as being incapable providing child care and that is the source of child neglect and abuse.
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 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 has 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.”
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. The New Mexico Legislature should proceed to abolish the Children, Youth and Families Department and create an independent agency separate and apart from the Governor’s office with a governing board appointed by the legislature.
Links to related Dinelli articles are here: