New Mexico AG sues CYFD over reports that staff instructed foster teen to cross Mexican border

In a news release, the New Mexico Department of Justice said the lawsuit against the New Mexico Children, Youth and Families Department, filed in the state’s First Judicial District Court in Santa Fe, came after the state Office of the Child Advocate reviewed the case and found probable violations of the child’s constitutional rights and reckless disregard for his health and safety.

“The State of New Mexico cannot claim to protect children while abandoning one of its own at an international border,” Torrez said in a statement. “This case is about more than one child. It is about whether the agency entrusted with protecting our most vulnerable children is following the law, honoring constitutional rights and putting the safety of children above bureaucratic expediency.”

A CYFD spokesperson did not immediately respond to Source NM’s request for comment.

Torrez’s lawsuit alleges that CYFD officials gained custody of the teenager after determining he was abused and neglected, but dropped the case weeks later and drove him to the Bridge of the Americas in El Paso, where they instructed him to walk alone into Mexico and reunite with his mother. The suit alleges that the child’s mother had recently been deported following a drug conviction.

It also alleges that the teenager sought re-entry to the U.S. and that CYFD officials asked federal authorities to bar him from entering the country.

Court records show NMDOJ lawyers argue that CYFD has violated the state Children’s Code and the teenager’s constitutional due process rights.

In April, Torrez published an investigative report focused on CYFD, which alleged the department often prioritized family reunification at the expense of children’s safety.

At an interim legislative committee hearing last week, state lawmakers expressed outrage over the recent reports — one said the troubled child welfare agency appears to be “a breeding ground for predatory behavior.”

At that hearing, Torrez’s NMDOJ presented 50 proposed reforms for CYFD, including amending state law to require that the CYFD secretary have professional child welfare experience.