Continues to Push for Stronger Protections House Democrats applaud creation of independent watchdog for children in CYFD, continue push for greater oversight, transparency, and accountability

Santa Fe, N.M. – Today, two key pieces of legislation advanced that will improve child well-being by strengthening oversight, transparency, and accountability at the Children, Youth, and Families Department (CYFD).

Governor Michelle Lujan Grisham signed into law House Bill 5, creating an independent Office of the Child Advocate (OCA) to oversee child well-being in the state. House Democrats are lauding this critical victory for children in the care of CYFD but continue to push for further reforms.

HB 5 passed the House unanimously on March 4, 2025. While amendments made in the Senate raised concerns from sponsors about weakening the role of the Office and ensuring expertise in the Federal Indian Child Welfare Act (ICWA) for the interests of Native American children and families, the House ultimately decided the bill was too important to delay and voted to concur on the version signed by the Governor today.
"The Office of the Child Advocate will provide necessary independent oversight and ensure that kids in CYFD's care have a voice they can trust," said HB 5's lead sponsor, Rep. Michelle Paulene Abeyta (D-To'hajiilee). "The Child Advocate will also provide crucial information to the Governor, state lawmakers, agencies, and the public that will help us strengthen services and systems for children and families across our state."

Tonight, the House also passed Senate Bill 42, an omnibus CYFD reform bill that was amended by the House Judiciary Committee to strengthen transparency requirements for the Department and improve accountability and oversight of the state's CARA program for substance-exposed newborns. SB 42, which passed the House by a vote of 59-2, now moves back to the Senate for concurrence on amendments made by the House.

This session, House Democrats are focused on making communities safer and improving the well-being of New Mexico's children and families. CYFD reforms are critical to that agenda.

"To truly move the needle on public safety and juvenile crime in New Mexico, we must break through cycles of crime, poverty, and substance use to create opportunities so every child can thrive," said House Speaker Javier Martínez (D-Albuquerque). "Today, we celebrate an important victory for New Mexico's most vulnerable children, but our work to improve the systems in place to protect our kids is far from over."
Below is a list of other key child well-being legislation passed by the House this session:

House Bill 203 (Amended into SB 42, headed back to Senate for concurrence): Would require CYFD workers to retain and back up all electronic records, which is critical for transparency and oversight, particularly in cases where a child is harmed, so processes can be reviewed and potentially improved going forward.

House Bill 205 (Amended into SB 42, headed back to Senate for concurrence): Strengthening plans of care for substance-exposed newborns, move responsibility for the CARA (Comprehensive Addiction and Recovery Act) program from CYFD to the Healthcare Authority, and create a nominating committee to vet CYFD Cabinet Secretary candidates.

House Bill 7 (Awaiting Senate floor vote): Providing a head start at financial independence for every child born in New Mexico, by establishing "baby bonds" that would generate interest throughout the individual's childhood and which could be used for education, housing, entrepreneurship costs, or investment opportunities when the child graduates from high school.

House Bill 252 (Awaiting Governor's signature): Creating a three-year pilot program to provide financial support to grandparents and other relatives raising children of a family member.

Senate Bill 283 (Signed by Governor): Will ensure that children in the care of CYFD receive their full federal benefits

Senate Bill 175 (Awaiting Governor's signature): Would expand loans to childcare facilities looking to open or expand in areas of greatest need

Members of the public are welcome to attend floor sessions and committee meetings at the New Mexico Roundhouse, and can tune in virtually through the New Mexico Legislature's Webcasts tab. Public comment can also be provided in-person, and via phone or Zoom as directed on the daily schedule.