ALBUQUERQUE, N.M. – Promises to reform our state’s child welfare system are falling woefully short. That’s the decision handed down by an arbitrator who says the state isn’t holding up its end of an agreement meant to keep state agencies out of court.

The lawsuit is known by the name of one of 14 foster kids who filed it – Kevin S. Those foster kids and organizations said the state was not adequately serving kids in care. 

The two sides settled in 2020 when the state agreed to measurable reform. But five years after the settlement in the Kevin S. class action lawsuit, the agreement has yet to move the needle.

An attorney representing children in care told KOB 4 Wednesday things at Children Youth and Families Department are worse than the day they filed this lawsuit.

“Time doesn’t wait for these children. Most of the plaintiffs, probably all of them, have aged out and most of them are not doing well. Time goes on, their lives are ruined while we try to figure out,” said Bette Fleishman with Pegasus Legal Services for Children. 

Fleishman says children in state custody are suffering. Some don’t have adequate caseworkers, and many aren’t getting appropriate placements.

“When you take a child into custody, you are responsible for them. So many of our kids who are taken away from bad homes end up in worse situations,” said Fleishman. 

In November, plaintiffs in the Kevin S. lawsuit forced the state back to the table.

Attorney: “As secretary, is that your understanding? That we have fewer workers now than we did a year ago?”

CYFD Secretary Teresa Casados: “Well, I don’t know if it’s fewer. I know we have retention issues.”

Retention issues lead to staffing shortages. The arbitrator found the state’s failure to develop adequate resource homes as severe and dangerous.

Attorney Sara Crecca says many children are still sleeping in state offices.

“When my clients are told by CYFD ‘We don’t have a home for you,’ they hear, ‘You’re not wanted, you’re unloved.’ My clients aren’t worried about staffing shortages or failures to meet obligations from a lawsuit, they are thinking about their hearts,” said Crecca. 

All of it adds up to devastating outcomes for New Mexico’s most vulnerable children. 

“The only way children normally develop is in the context of a home with a primary caretaker, not to have that is a developmental catastrophe. I don’t mean it hurts their little feelings. we’re talking about essential brain development,” said Dr. George Davis, a child psychiatrist. 

The arbitrator is forcing the state to take immediate action on a dozen requirements. 

 “They need to stop studying it, stop reviewing it, stop analyzing it, stop summarizing it, we don’t need outside entities coming to the state telling us what the issues are. we know what the issues are,” said Therese Yanan with the Native American Disability Law Center. 

A spokesperson for CYFD says it will use the order issued by the arbitrator to target and prioritize improvements, but of course that is a requirement, the agency doesn’t have a choice.

The governor has reform proposals this session that the agency hopes will help get it into compliance. 

CYFD sent the following response to KOB 4:

“The Kevin S. remedial order highlights CYFD’s progress in addressing issues identified in the arbitration outcome while providing a clear roadmap for continued improvement. Yesterday, Governor Lujan Grisham detailed the necessary steps and budget required to sustain this progress. Our ongoing priority is to ensure we fully support the children, youth, and families of New Mexico through both proactive and responsive measures. This starts with an adequately funded and staffed CYFD. The state remains committed to meeting the standards and accountability benchmarks outlined in the Kevin S. remedial order.   

Hiring:  

• To meet the mandate to fill open roles within the Department, CYFD is holding a statewide rapid hire event on Thursday, January 23, at Expo New Mexico in Albuquerque.  Those unable to join the in-person event in Albuquerque can participate at Workforce Connections/America’s Job Center New Mexico at locations outside Albuquerque. Interviews will be conducted on the spot for CYFD’s open positions which are at all experience levels and locations across the state. 
• CYFD is advertising children’s courtroom counselor and social worker positions within New Mexico and in neighboring states and conducting campus recruitment missions to expand the pool of qualified applicants. 

Training: 

• CYFD is partnering with Highlands University to create a comprehensive training program designed to improve staff performance and retention.  
• Training of the first cohorts of CYFD’s Advanced Foster Care program is underway.   

Attracting and retaining Resource Foster Parents: 

• CYFD is launching a robust awareness/recruitment ad campaign to expand the pipeline of families receiving training and certification to become resource foster parents.   
• Radio, Outdoor, paid social media,   
• CYFD is also focusing on adding ‘respite’ resource/foster parents who can accept short-term/urgent placements and/or provide needed support to foster families who need ‘fill-in/substitute care’ support. 

CYFD will continue to hold itself to the highest standard and will use the Kevin S. remedial order to target and prioritize improvements that best help children and youth in its care.  While the report contends CYFD is not meeting its deadline for deliverables, it also notes progress in addressing problems highlighted in the arbitration’s outcome.  We are optimistic that the governor’s proposal to boost compensation for resource/foster families and eliminate their personal state income tax will enhance recruitment efforts and encourage would-be foster parents to begin the training and certification process.”