New Mexico lawmakers discuss CYFD reform and oversight

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New Mexico lawmakers discuss CYFD reform and oversight

Legislative leaders on both sides of the aisle promised to address the longstanding issues inside the Child Youth and Families Department.

SANTA FE, N.M. – Legislative leaders on both sides of the aisle promised to address the longstanding issues inside the Children, Youth and Families Department.

On Friday, those long-awaited reform plans took a big step forward in the Roundhouse.

Republican lawmakers bring CYFD reform and oversight bills to the Roundhouse every year, but they’ve largely collected dust at the starting line.

This year is different. Democratic leaders and the governor say it’s time to get some independent eyes on the embattled agency. But it seems there’s already a disagreement over who should be in charge.

“In the 2025, legislative session, we will continue our push to reform CYFD, the agency is broken, and our children need help,” said Speaker of the House Rep. Javier Martinez. 

With a 9-1 vote, efforts to create a new Office of the Child Advocate are moving forward in the Roundhouse.

“For far too long, children have not had a voice where they could go, or a space that would provide them impartial fairness and treatment to make sure that their concerns are heard, and that action is taken,” said state Rep. Michelle Paulene Abeyta. 

House Bill 5 places the oversight office inside the New Mexico Department of Justice, that’s where CYFD Secretary Teresa Casados is drawing the line.

“I think anytime you have oversight at an agency such as the Department of Justice, whether or not it is punitive, it just sends that message that it’s incredibly punitive. And that’s not a message that I want to send to my staff that are out there every single day doing this tough work,” said Casados.  

Casados instead backs the governor’s plan for a Child Protection Agency inside the Regulation and Licensing Department.

“It’s important for anybody that does public service to have oversight,” said Casados.  

But state lawmakers also want some control over CYFD. 

A proposed constitutional amendment removing CYFD from the governor’s cabinet and allowing legislative leaders to appoint several members of a new CYFD commission is also moving forward. 

“I think everybody agrees there needs to be changes at the department, but this is absolutely the wrong way to go about,” Casados said.  

Cabinet secretaries from the Public Education Department, the Health Care Authority, Early Childhood Care and Education Department and Workforce Solutions all joined Casados to oppose the plan.

Still, state lawmakers say the glaring problems at CYFD have gone on long enough.

“I believe insanity is doing the same thing, day in and day out, and expecting different results. And I don’t know if this is the answer, but I believe we’ve got to do something,” said state Rep. Elaine Sena Cortez. 

Secretary Cassados and the other cabinet secretaries pointed out several other states already tried establishing a commission to oversee their CYFD’s, but decided to go back to a cabinet secretary format.

Regardless, New Mexico voters would end up having to make the final decision on that.

Track HB 5 during the legislative session.