Experts say CYFD reform proposal would likely hurt, not help

Yahoo

20-02-2025

Feb. 19—Two national experts helping to reform the state Children, Youth and Families Department warned this week that a legislative proposal designed to improve the agency's operations could make progress even more difficult.
The proposed House Joint Resolution, sponsored by Speaker of the House Javier Martínez and state Rep. Eleanor Chavez, both Albuquerque Democrats, would remove the troubled child welfare agency from the governor's direct responsibility and place governance of CYFD in the hands of an appointed five-member commission.
"While we understand fully the need for effective leadership and accountability to improve the performance of CYFD on behalf of New Mexico's children and families, we feel strongly that this change will not help and may, in fact, make improvement efforts more difficult," wrote Judith Meltzer, of the Washington, D.C.-based Center for the Study of Social Policy, and Kevin Ryan, with Public Catalyst of Iselin, New Jersey, in a letter dated Feb. 18.
The independent experts are being paid by the state to gather data and help ensure CYFD's compliance with the agreement that settled a federal class action lawsuit filed in 2018 on behalf of 14 foster children, including the named plaintiff, a boy referred to as Kevin S.
"While we generally do not comment on legislative activities, we believe it's important to share our views on this proposed change, based on both our experiences in multiple states involved in child welfare reform," states their letter to CYFD Secretary Teresa Casados and Tara Ford, a lead attorney who filed the Kevin S. lawsuit. They are referred to as co-neutrals in settlement documents.
"In states where we have witnessed reform take root, the governors' direct oversight and support played a significant role in prioritizing child welfare reform within government, eliminating barriers and advancing accountability," the letter states.
Other state governmental entities, such as a state health agency and departments of early childhood and education, all play a role in the overall child welfare system, the experts wrote.
"Commission-led governance is very likely, in our view, to exacerbate many of the problems we have documented in New Mexico," the letter states. New Jersey and the District of Columbia initially faced problems as extensive as New Mexico and have "now exited from litigation" after creating a cabinet-level agency as part of their settlement agreement reforms, the experts added.
Asked for a comment from Martinez, a spokeswoman replied with a statement from Chavez, who she said was the lead sponsor.
Chavez in that statement said, "This is the first we have heard that these out-of-state co-neutrals have concerns about this proposal. New Mexicans know that the problems at CYFD are longstanding and predate the Kevin S. settlement."
She added, "Since the settlement agreement, CYFD has failed to make any progress and New Mexico's children continue to pay the price."
The measure, which is set to go to its first committee hearing Friday morning, would establish an independent commission to appoint an executive director to assume CYFD management and operations. But voters would first have to approve the change in the next general election in November 2026 or in a special election.
"The Joint Resolution is one of several solutions that legislators and experts have been working on for months to better protect our children," Chavez said in a statement. "We trust the voters of New Mexico to evaluate the merits of this proposal and believe they deserve a say in improving the outcomes for the state's children."
In New Mexico, Gov. Michelle Lujan Grisham has taken a hands-on role in recent years, calling for restructuring of CYFD and more recently, placing her chief executive officer, Casados, as acting CYFD secretary in 2022.
Casados later was named cabinet secretary, and has emphasized prevention of child abuse and neglect, and providing family services as a way to address chronically high child maltreatment rates, protective services staff turnover, and too few nonrelative foster families.
But attorneys for the Kevin S. plaintiffs have criticized the agency for failing to adhere to settlement agreement mandates, such as lowering caseloads for protective services caseworkers. An independent arbitrator in early January agreed CYFD had violated certain terms of the agreement.
The proposed joint resolution is among at least five bills or resolutions introduced in this 60-day session that are aimed at creating more accountability over the agency, which has had three cabinet secretaries since 2019.
Martinez is also a sponsor oF House Bill 5 , which would establish an Office of Child Advocate. That office would be attached to the state Department of Justice and field any complaints, look at systemic issues, and issue reports.
Senate Bill 307, which has at least 37 sponsors, would also establish an independent CYFD ombudsman's office but attached to the state's judiciary. That bill, had not been set for a hearing before the Senate Judiciary Committee as of Wednesday afternoon.
So far the two "co-neutrals" haven't weighed in on the idea of New Mexico creating an ombudsman's office.