The New Mexico Department of Justice released a comprehensive investigative report and filed a lawsuit against the Children, Youth and Families Department on June 7, seeking to address what it describes as systemic failures and misuse of confidentiality laws that have impacted child welfare in the state.
Attorney General Raúl Torrez said, “This report confirms what too many families, advocates, and frontline professionals have long known, New Mexico’s child welfare system is in crisis. We are taking action to ensure transparency, protect those who speak out, and refocus this system on its most important responsibility: keeping children safe.”
The investigation began in April 2025 after the death of a teenager in CYFD custody at an AMI Kids facility. The review uncovered patterns of missed interviews, incomplete home visits, inconsistent safety assessments, delayed removals from unsafe homes, premature reunifications with unfit caregivers, and inadequate protection for drug-exposed infants. The shortage of foster homes has led to children being housed in office buildings and hotels. Independent monitors found that CYFD met performance standards for none of forty-two targeted outcomes in 2024. In the last two years, fourteen children have died under circumstances tied to lapses in CYFD’s oversight.
Carla Garcia spoke about her nephew Jaydun Garcia: “Jaydun Garcia was a bright, creative 16-year-old who loved his siblings and brought them comfort during difficult times. While in state custody, our family repeatedly raised concerns about his mental health, but those concerns went unanswered. He was placed in settings that did not meet his needs, and on April 12, 2025 we lost him. We believe that with appropriate support and intervention Jaydun would still be here today.” Bernalillo County Sheriff John Allen said: “Law enforcement should not have to beg for collaboration when a child’s safety is on the line. This report documents what our deputies and detectives have been saying for years: when 72-hour holds are obstructed…children stay in danger and first responders are forced to step in again and again.”
The lawsuit challenges CYFD’s use of confidentiality laws as a means to avoid scrutiny by withholding information from multiple agencies even after legislative amendments required more openness. It also cites instances where foster parents faced retaliation after sharing information with law enforcement or investigators.
“For years CYFD has operated as if it answers to no one. It stonewalled investigators…and hid behind confidentiality laws every time someone tried to hold it accountable. That era is over,” Torrez said.
The New Mexico Attorney General serves as the chief legal officer for the state of New Mexico; provides services across all counties; advances justice through civil litigation and criminal prosecutions; seeks to protect consumers; supports law enforcement; upholds the rule of law; coordinates with local law enforcement agencies for public safety efforts; fosters trust via community outreach initiatives—all according to the official website.
More details can be found at the organization’s press release.
