New Mexico Department of Justice recommends 50 legislative, policy reforms for child welfare agency

In a lengthy presentation to the interim Courts, Corrections and Justice Committee, NMDOJ Special Counsel Sean Sullivan told lawmakers that his department has linked 14 child deaths in the last two years to failures in the Children, Youth and Families Department.

The presentation followed up on an April NMDOJ investigative report that alleged CYFD leaders often prioritized family reunification at the expense of children’s safety. Attorney General Raúl Torrez subsequently filed a lawsuit against the agency.

Sullivan told lawmakers that the NMDOJ has identified five systemic failures in the child welfare agency: leadership, workforce and practice breakdowns; missed removals and premature reunifications; gaps in protecting drug-exposed infants; impediments to law enforcement officers and foster parents; and unstable and volatile placements.

He also said CYFD has routinely “weaponized confidentiality” by refusing to release public records to his office, citing child confidentiality protections.

The presentation also came just days after reports that CYFD staffers earlier this month took a teenage boy out of the foster care system, dropped him at the U.S.-Mexico border crossing in El Paso and instructed him to cross into Ciudad Juárez to reunite with his estranged mother.

Lawmakers condemned the agency’s alleged actions this week. In a statement, Senate Minority Leader Bill Sharer (R-Farmington) called it “madness.”

“Actions made by the governor and her administration jeopardize the safety of our state’s most vulnerable children and the safety of our communities,” he wrote. 

At Friday’s interim committee hearing, lawmakers also expressed their outrage.

“I was getting so mad my hands started shaking,” Rep. William “Bill” Hall (R-Aztec), a former Federal Bureau of Investigation agent, said after Sullivan concluded his presentation. “This is a breeding ground for predatory behavior.”

Source NM requested a comment from CYFD on today’s hearings and will update this story as needed.

Sullivan proposed 35 legislative solutions and 15 policy changes.

On the legislative side, his recommendations include amending state law to require that the CYFD secretary have professional child welfare experience; requiring investigators to wear body cameras during interviews with victims, caregivers and witnesses; and requiring CYFD and the New Mexico Health Care Authority to track and make public data about placements and safety.

Rep. Eleanor Chávez (D-Albuquerque), a former social worker, pushed back on the body-worn camera proposal, in particular.

“One of our primary reasons for being social workers is that we want to establish relationships with families. We want to be there to help,” she said. “If we show up with a body-camera, they’re not going to talk to us. It’s difficult even showing up with the police.”

The other 15 recommended changes focused on CYFD’s internal policies. The NMDOJ’s proposals include improving employee training and retention; instituting supervisory oversight; and implementing a zero-tolerance policy for substantiated retaliation claims.

One lawmaker, Sen. Joseph Cervantes (D-Las Cruces), wondered if the Legislature could take additional steps, and referenced the state House of Representatives investigatory subcommittee investigating the late sex offender Jeffrey Epstein.

“The House gave itself subpoena authority for the Epstein investigation…my Senate colleagues are sitting there going, ‘Well, why don’t we give ourselves in the Senate subpoena authority?’”