SANTA FE – Today, the Senate Rules Committee advanced Senate Bill 283, CYFD & USE OF FEDERAL BENEFITS, on a vote of 8-0 with 2 members excused. The bill, sponsored by Senator Crystal Brantley (R-Elephant Butte), Senator Nicole Tobiasson (R-Albuquerque), Senator Katy Duhigg (D-Albuquerque), and Senator Heather Berghams (D-Albuquerque), seeks to ensure that federal funds awarded to New Mexico for the benefits of children in foster care or protective custody are actually awarded to the child rather than used for operating expenses of the department charged with their care the Children, Youth, and Families Department (CYFD).
"This is the session where we as a legislature say enough is enough," said Senator Brantley. "Our north star in bringing CYFD reform has always been ensuring the child's best interest is put first. This bill does just that and I'm pleased to have strong bipartisan support behind this commonsense reform that ensures our taxpayer dollars meant to help these kids get to them instead of lost in the bureaucratic mess."
"This is one step closer towards the long-overdue and necessary reform that CYFD desperately needs," remarked Senator Nicole Tobiassen. "I am glad there are meaningful bipartisan efforts such as this in order to do what's best for our state's vulnerable children."
An NPR and Marshall Project investigation in 2021 revealed a widespread practice in the child welfare system where states collect Social Security benefits intended for children in foster care, effectively charging these vulnerable children for their own care. This practice, often unknown to the children, involves states acting as representative payees for benefits typically for children with disabilities or those whose parents have died or are disabled.