SANTA FE, N.M. — A report presented to New Mexico lawmakers shows that our state is still failing some of our most vulnerable children.

Two years ago, 4 Investigates first exposed serious flaws in a state program designed to help mothers and newborn babies already exposed to substances. Despite numerous infants getting hurt or even dying since then, gaps in the system still exist.

In 2019, the New Mexico Legislature passed the Comprehensive Addiction and Recovery Act, or CARA. The governor later signed it into law.

CARA was supposed to help families and newborns struggling with substance abuse. However, a Legislative Finance Committee presentation Wednesday to the Courts, Corrections and Justice Committee reveals most families aren’t getting any help.

“The vast majority of CARA families were not receiving support services,” lawmakers heard Wednesday.

Maralyn Beck, of the New Mexico Child First Network advocacy group, says that’s simply unacceptable five years in.

“It was frustrating to hear, once again, the same issues we’ve been identifying for five-and-a-half years,” Beck said.

Here’s how it works:

Instead of reporting a newborn being exposed to drugs as abuse or neglect to CYFD, the CARA law eliminated that requirement. Hospitals were supposed to create a packet of resources, referring the family to services, instead. Mom and baby would leave the hospital together.

But, with so many gaps and handoffs involved over the years, many families just fall off the agency’s radar.

The LFC report shows half of them are not even referred to substance abuse treatment.
Plus, there’s little done to check back in on those babies.

In fact, we really only hear about them when police arrest their parents or an overdose leaves a child seriously injured or dead.

“We are determined to do right by these young kids, through no fault of their own, with having them be exposed to a substance they should not have. It’s really criminal for us to not directly try to change what’s happening,” said state Sen. Mimi Stewart, D-District 17.

Beck says time spent discussing the same problems means more lives at risk.

“It is unacceptable when our leaders are confused about how complicated this bill was. You yourselves passed this bill five years ago. You should have asked those questions five years ago. You’ve had five years to ask those questions since,” Beck said.

State Sen. Mimi Stewart agrees it has taken too long. We asked her if she would consider sponsoring legislation to fix the program.

“There’s so many of us who want to do that. Yes, of course and I intend to get more involved now,” Sen. Stewart said.

A CYFD spokesperson said there’s a lot going on behind the scenes now. They’ve posted 18 positions and hired for eight of them. They say there are several others on the way.

The spokesperson added that CYFD is developing family assessments. The department is also working on building a system that would have their navigators following up with a family within 72 hours of discharge.

They do say that legislative changes are needed in the upcoming session.