Joint Resolution would allow voters to decide whether to create an independent commission to appoint CYFD leadership

Santa Fe, N.M. – Today, the House Government, Elections and Indian Affairs Committee voted 4-3 to advance House Joint Resolution 5 which would allow voters to shift governance of New Mexico's Children, Youth and Families Department (CYFD) from the Governor to a new, independent Children, Youth and Families Commission.

HJR 5 proposes an amendment to the state's constitution that would create a new commission to appoint CYFD's secretary and leadership, creating more independence and helping reduce turnover at this critical agency.

"Improving the experiences of the children in CYFD's care starts by having well-vetted, experienced leaders at the helm of this critical agency," said sponsor Rep. Eleanor Chávez (D-Albuquerque). "With independent governance, we can bring new levels of expertise and consistency to the agency's leadership, benefitting the children, families, and staff, and restoring public confidence in our child welfare system."

The proposed Children, Youth and Families Commission would consist of five members, with one each appointed by the Governor, the Senate President Pro Tempore, the Speaker of the House, the Senate Minority Leader, and the House Minority Floor Leader.

HJR 5 now moves to the House Health and Human Services Committee. If passed by both chambers of the legislature, the proposed Constitutional Amendment would then be on the ballot in the November 2026 election.

To better protect the well-being of children in New Mexico, House Democrats are pushing for several reforms to increase oversight, transparency, and accountability at CYFD.

In addition to HJR 5, House Democrats are pursuing legislation to:

Expand access to medication assisted treatment for juveniles in CYFD's care (HB 152), which passed the House Health and Human Services Committee yesterday
Create an independent Office of the Child Advocate to provide greater independent oversight of CYFD
Ensure children in CYFD's care receive their federal benefits
Improve transparency at CYFD, especially in cases where a child is harmed, by requiring the agency to retain and back up electronic records (HB 203)
Strengthen 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* (HB 205)

*Note: this measure overlaps with HJR 5, but does not conflict with it. If both are passed, the nominating commission would be in place until voters approve the amendment in 2026.

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.