Lawmakers vow further exploration of CYFD reforms in interim before 2026 session
New Mexico lawmakers said Tuesday they plan to investigate more reforms for the state's troubled child welfare agency in advance of next year's legislative session, pointing to the recent tragedy of a 16-year old foster child's suicide as a catalyst for further action.
The Courts, Corrections and Justice Committee convened at the Roundhouse for the first meeting of the interim, which included a presentation on recent reforms to the Children, Youth & Families Department lawmakers passed in the 2025 Legislative session. Specifically, House Bill 5 created an Office of the Child Advocate, which will be administratively attached to the state Department of Justice.
Tuesday's hearing also exposed continued tension over the management of CYFD. The troubled agency has faced increased scrutiny over rising costs of settlements for maltreatment and deaths of children in custody from years past, as well as the housing of children in offices, which have included incidents of injury from private security guards. New Mexico Attorney General Raúl Torrez in April announced an investigation into the April death. In a recent interview with Source, Gov. Michelle Lujan Grisham, who has clashed with the AG over CYFD, said the agency intends to abide with the Legislature's reforms 'in a robust and cooperative manner.'
Sen. Joe Cervantes (D-Las Cruces), who co-chairs the interim committee with Rep. Christine Chandler (D-Los Alamos), said New Mexico was failing to protect children in state custody which he called 'our most important, sacred responsibility.'
'We're not saving lives, we have children who are dying on our watch,' he said Tuesday.
Cervantes alluded to Jaydun Garcia, the 16-year old who died by suicide in congregate care in April, but also mentioned a second case: 'I cannot go into detail, that we had another suicide: a young woman who was pregnant at the time in our state custody.'
CYFD spokesperson Jessica Preston said she could not corroborate Cervantes' statement.
'State and federal confidentiality laws strictly limit what the Children, Youth, and Families Department can confirm or disclose about individual cases. We are only authorized to release information when it is determined that abuse or neglect caused a child's death,' Preston said in a written statement. 'Accordingly, no information can be provided.'
CYFD was not invited to testify at today's meeting, both Cervantes and CYFD confirmed, with Preston noting that the agenda item related to the new office attached to the NMDOJ.
CYFD Cabinet Secretary Teresa Casados 'has said on many occasions that the Department welcomes oversight, and we look forward to collaborating with the new Office of Child Advocate to serve the children, youth, and families of New Mexico when it is up and running,' Preston wrote.
Lujan Grisham line-item vetoed $1 million earmarked for Office of the Child Advocate from the budget, but allowed both a $650,000 appropriation the New Mexico Department of Justice to set up the office and $300,000 for CYFD to hire additional staff to respond to inquiries from the advocate to remain in the budget.
Attorneys for NMDOJ said they would be able to stand up the office with the $650,000 appropriation, but would seek further funding in 2026.
'That sets us on a pretty good entry point,' said Billy Jimenez, the deputy attorney general for civil affairs at NMDOJ. 'From a purely administrative standpoint, we can provide staff to assist whether that's paralegals or clerical staff, HR staff. But I think, at the end of the day, we want to make sure that that office maintains… independence [and] their own paralegals and staff over time.'
Further decisions about staffing the office will be made once the child advocate is in the role Jimenez said.
The state is still in the process of appointing a statutorily required state child advocate selection committee, which is required by law to meet before Sept. 1 to consider recommendations for the state child advocate. Within 30 days of meeting, the committee is supposed to recommend a short list of candidates to the governor, who will make the appointment.
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