Torrez's CYFD investigation will fail if it leaves people out

Yahoo

24-04-2025

New Mexico Attorney General Raúl Torrez says he's going to launch 'a comprehensive and wide-ranging investigation' into how the Children, Youth and Families Department fails children. Allow me to save him some time. I can just write the report now — and I'll throw in the news story that will follow. The story will go like this:
The beleaguered Children Youth and Families Department and its embattled leadership are plagued with a shortage of foster parents and high turnover among demoralized, overworked and understaffed caseworkers, according to the blistering conclusions in a scathing report released today.
We know this is what the report will say for a couple of reasons. First, almost (but not quite) all of that is true. Indeed CYFD's performance is every bit as awful as Torrez says it is. Second, it's what scathing reports on embattled child welfare agencies all over the country always say, particularly when those issuing the reports show no interest in real solutions.
Real solutions have been in short supply in New Mexico. Instead, there's an endless appetite for rearranging the deck chairs on the child welfare Titanic: Create an ombudsman office! Take the agency out of the control of the governor! Move some functions to another agency! None of that ever works.
Real solutions involve a single urgent first step: Viewing those who are investigated by CYFD and who lose their children to foster care as fully human — and worth talking to. That's not for the sake of the parents; it's for the sake of the children. Because it's the families needlessly investigated and the children needlessly taken who overload the system. That leads to tragedies ranging from children warehoused in hideous institutions or makeshift spaces to children in real danger overlooked in their own homes.
It's not easy to rethink the stereotypes. We know the horror stories about brutally abusive or hopelessly addicted parents; but they're nothing like most of the parents caseworkers see.
In 2022, the most recent year for which data are available, 78% of cases in which children were thrown into foster care in New Mexico did not involve even an accusation of sexual abuse or any form of physical abuse. Nearly two-thirds did not involve even an accusation of parental drug or alcohol abuse. In contrast, more than two-thirds involved 'neglect.' Sometimes that can be extremely serious; more often it means the family is poor. Indeed, CYFD admits that in 19% of cases, it took away children because of issues involving housing.
So it's no wonder study after study finds that in typical cases children left in their own homes typically do better in later life even than comparably-maltreated children placed in foster care.
In part, that's because of the enormous emotional trauma inherent in tearing a child from everyone loving and familiar. But there's also the high risk of abuse in foster care itself. Multiple studies find abuse in one-quarter to one-third of family foster homes; the rate in group homes and institutions is even worse. But when you overload the system with children who don't need to be there you create an artificial 'shortage' of foster homes — so more children are institutionalized, with all the horrible outcomes New Mexicans have seen.
At the same time, all those false allegations, trivial cases and poverty cases overload workers, leaving them less time to investigate any case properly. That's almost always the real reason some children in real danger are missed.
Real solutions demand doing more to ameliorate the worst hardships of poverty, and providing families with high-quality defense counsel; not to get 'bad parents' off, but to provide alternatives to the cookie-cutter 'service plans' often dished out by CYFD.
But understanding that requires that first basic step: treating parents as fully human. Attorney General Torrez doesn't seem ready for that. As Source NM reported:
Torrez's agency is also calling on current and former case workers, foster families, and youth impacted by the system to come forward with information …
He's right to do that. But notice who's missing. He expresses no interest in hearing from birth parents who have lost children to the system because their poverty is confused with neglect. He shows no interest in hearing from the lawyers who represent them. He shows no interest in reaching out to anti-poverty organizations to ask them what they see when their clients interact with CYFD. He shows no interest in speaking to civil rights groups about whether they see all races treated equally when they encounter CYFD.
That's a shame. Because, to paraphrase Torrez, I think we have all grown tired of waking up and hearing about another grandstanding politician holding another news conference to announce another investigation of CYFD that will solve nothing — because it avoids the problem at the root of all the rest: The only way to fix foster care is to have less of it.