Priority legislation would improve CYFD transparency, accountability, and oversight to better protect New Mexico's children

Santa Fe, N.M. – Today, the House of Representatives unanimously passed three priority bills to improve oversight, transparency, and accountability at New Mexico's Children, Youth and Families Department (CYFD).

House Bill 5 would create an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico. As an impartial public official, the Child Advocate would receive and investigate complaints related to children's services at CYFD and state agencies, ensure their resolution, and inform the public, legislature, and Governor about opportunities for improvement.

The OCA would also review CYFD's policies and procedures, provide children and families with information about their rights, operate a toll-free hotline to receive complaints, and compile and report independent data, among other duties. The bill is sponsored by Rep. Michelle Paulene Abeyta (D-To'hajiilee), House Speaker Javier Martínez (D-Albuquerque), House Majority Leader Reena Szczepanski (D-Santa Fe), and House Majority Whip Dayan Hochman-Vigil (D-Albuquerque).

"Growing up, most of us were lucky enough to have trusted adults to speak up for us and help shape our growth and development," said Rep. Abeyta. "Children in state custody may not have anyone in their corner advocating for their needs, and that's why we need this office - to be a voice for children in the care of CYFD."

The Child Advocate would be appointed for a six-year term by a selection committee composed of bipartisan representatives of the New Mexico House and Senate, the Governor's office, the Attorney General, and the Supreme Court. Candidates would be selected based on their qualifications in law, psychology, social work, or family therapy. The Office of Child Advocate would be independent and autonomous, but would be administratively attached to the New Mexico Department of Justice. This would allow the Office of the Child Advocate to pursue all available remedies to protect the health and safety of New Mexico's children.

House Bill 203 would require CYFD workers to retain and back up all electronic records. Maintaining these records is critical for transparency and oversight, particularly in cases where a child is harmed, so processes can be reviewed and potentially improved going forward. This measure is sponsored by Reps. Meredith Dixon (D-Albuquerque) and Sarah Silva (D-Las Cruces).

House Bill 205 would 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 is sponsored by Reps. Meredith Dixon, Eleanor Chávez (D-Albuquerque), Rebecca Dow (R-Truth or Consequences), House Minority Leader Gail Armstrong (R-Magdalena), and Senator Linda Trujillo (D-Santa Fe).

"The children and families of New Mexico deserve transparency and accountability from CYFD," said Rep. Dixon. "By providing proper medical oversight for at-risk newborns, ensuring adequate records and evidence are maintained, and improving the vetting process for agency leadership, we can better protect our most vulnerable children and start rebuilding public trust in CYFD."

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.

"When CYFD fails, New Mexico's children pay the price. These failures also worsen the cycles of poverty, trauma, and substance use that contribute to crime in our communities," said Speaker Martínez. "Our goal is to give this critical state agency all the tools and resources it needs to succeed, while also providing necessary oversight to hold them accountable for doing right by our kids."

HB 5, HB 203, and HB 205 now all head to the Senate.

A robust public safety package, House Bill 8, and bills to expand and transform access behavioral healthcare across the state Senate Bill 1 and Senate Bill 3, have already been signed into New Mexico law.

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.