Contact: Andrew Skobinsky, Director of Communications
andrew.skobinsky@cyfd.nm.gov
(505) 500-9436
Jessica Preston
Jessica.preston@cyfd.nm.gov
(505) 699-2262
FOR IMMEDIATE RELEASE
March 1, 2025
SANTA FE—Two legislative proposals—HB5 and HJR5—that would disrupt meaningful, ongoing reform of the Children, Youth and Families Department passed the House Judiciary Committee today despite strong expert objections, a potential for conflict of interest and risks to CYFD staff.
HB5, a bill that would create an Office of Child Advocate to be housed in the Office of the Attorney General, passed despite concerns about potential conflicts of interest within the Attorney General’s office and risks to CYFD employees’ right to privacy.
CYFD Cabinet Secretary Teresa Casados told the committee that while CYFD welcomes oversight, passing the bill would be a mistake. “Linking the Office of Child Advocate, administratively, to the Attorney General’s Office will lead to jurisdictional disputes and potential conflicts of interest,” Casados said. “This would be a grave disservice to New Mexico’s most vulnerable children and the dedicated CYFD professionals who have devoted their careers to protecting and helping them.”
The Attorney General’s Office is responsible for defending the state’s interests, and establishing an office focused on prosecuting employees for doing their jobs is a conflict of interest.
State Personnel guidelines for such investigations must be followed and due process ensured. All matters related to personnel investigations are confidential. HB5 fails to protect CYFD staff’s confidentiality in the event of a misconduct complaint. The bill’s requirement that complainants be notified of an investigation’s outcome could potentially violate a CYFD employee’s right to confidentiality and compromise the investigation.
A better alternate bill is SB363, which creates an independent Child Protection Authority within the Regulation and Licensing Department. This bill provides the best model to protect the children and youth in CYFD’s care.
“Providing strong independent oversight and a resource for New Mexicans to file complaints and launch investigations for the benefit of the children and youth in state custody is essential, and S363 would accomplish that,” said Casados.
House Joint Resolution 5 (HJR5), which aims to dismantle the leadership structure and Executive-level placement of CYFD, also passed the committee despite warnings by child welfare experts that the proposal would reduce accountability.
On several occasions, the legislature has relied on the Kevin S. co-neutrals’ reports, including twice during the current 60-day session. The co-neutrals, or expert monitors selected and approved by the Kevin S. plaintiffs, are well-established national experts, and state lawmakers have frequently urged CYFD to follow their advice. They have successfully helped several other states to exit consent decrees similar to Kevin S. But lawmakers have dismissed their concerns about HJR5.
“The most concerning aspect of today’s discussion of HJR5 was the misguided attempt to discredit the opinions of independent child welfare experts—the Kevin S. co-neutrals—who have warned us that transforming CYFD into a commission would be a grave mistake,” Casados said. “To suddenly suggest that these experts’ opinions amount to nothing more than an irrelevant cash grab by people from outside the state is not only insulting but could jeopardize their willingness to continue their vital work with New Mexico.”
HJR5 will jeopardize the state’s ability to meet the Kevin S. settlement and court mandated orders.
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