NM DOJ Releases CYFD Investigative Report, Files Transparency Lawsuit

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New Mexico Department of Justice Releases Investigative Report into CYFD, Files Lawsuit to Enforce Transparency and Protect Children

• April 8, 2026

Albuquerque, NM – The New Mexico Department of Justice today released a comprehensive investigative report detailing systemic failures within the Children, Youth and Families Department and filed a lawsuit seeking to end CYFD’s misuse of state confidentiality laws to evade accountability and retaliate against the foster parents, caregivers, and investigators who tried to speak out.

“This report confirms what too many families, advocates, and frontline professionals have long known, New Mexico’s child welfare system is in crisis,” said Attorney General Raúl Torrez. “We are taking action to ensure transparency, protect those who speak out, and refocus this system on its most important responsibility: keeping children safe.”

“Jaydun Garcia was a bright, creative 16-year-old who loved his siblings and brought them comfort during difficult times,” said Carla Garcia, Jaydun’s aunt. “While in state custody, our family repeatedly raised concerns about his mental health, but those concerns went unanswered. He was placed in settings that did not meet his needs, and on April 12, 2025, we lost him. We believe that with appropriate support and intervention, Jaydun would still be here today, and we hope his story serves as a catalyst for meaningful change and accountability.”

“Law enforcement should not have to beg for collaboration when a child’s safety is on the line,” said Bernalillo County Sheriff John Allen. “This report documents what our deputies and detectives have been saying for years: when 72-hour holds are obstructed, safety plans are used as a substitute for real protection, and communication breaks down, children stay in danger and first responders are forced to step in again and again.”

The Investigation

The NMDOJ launched its investigation in April 2025 following the death of a teenager in CYFD custody at an AMI Kids facility. What began as a review of one incident revealed something far more troubling: a pattern of systemic failures that has repeatedly placed children in harm’s way across the state.

Over the course of the investigation, NMDOJ attorneys reviewed more than 20,000 pages of records and conducted over 150 witness interviews, including law enforcement personnel, child abuse prosecutors, foster parents, guardians ad litem, and former CYFD employees. Many declined to participate or asked not to be identified, citing fear of prosecution or retaliation at CYFD’s hands.

What the Investigation Found

The investigation found that CYFD has strayed from its legal mandate to prioritize child safety above all else. Investigations routinely fall short, with missed interviews, incomplete home visits, and inconsistent safety assessments allowing abuse and neglect to go undetected. CYFD delays removals from unsafe homes, prematurely reunifies children with unfit caregivers, and fails to adequately protect drug-exposed infants.

Children who enter state custody fare no better. A shortage of foster homes forces CYFD to house children in office buildings, hotels, and group shelters. Frequent placement changes and reliance on ill-equipped congregate care facilities have exposed children to unsafe conditions and worsening mental health outcomes. Independent monitors assessing CYFD under a 2020 federal court settlement found the Department met performance standards for zero of forty-two targeted outcomes in 2024, down from an already dismal 5% in 2023.

These failures have had fatal consequences. In the last two years, 14 children have died in circumstances tied to lapses in CYFD’s decision-making and oversight.

Confidentiality as a Weapon

At the center of the lawsuit is CYFD’s systematic abuse of state confidentiality laws. New Mexico law protects the personal identifying information of children and families in abuse and neglect proceedings. CYFD has stretched that protection into a blanket shield against accountability, withholding information from the NMDOJ, the State Police, the Office of the State Auditor, independent court monitors, and the courts themselves. This obstruction persisted even after the Legislature amended the confidentiality statute in 2025 to require that department information “be construed as openly as possible.”

CYFD has also turned those same laws against the people caring for New Mexico’s children. In one case from Silver City, a grandmother shared lawfully obtained court records with law enforcement to assist a child abuse prosecution. In apparent retaliation, CYFD removed the child from her care without notice, just as she was completing the foster licensing process. The child, who had improved significantly under her care, was placed with a non-relative.

As a result, CYFD’s culture of retaliation has contributed directly to a shortage of foster families. As one foster parent told investigators: “It is 1000% because of CYFD that they don’t have more foster parents. They quit because of CYFD.”

The Lawsuit

The complaint, filed in Santa Fe District Court, seeks to restore the law to its plain meaning. Section 32A-4-33 of the Children’s Code was written to protect the privacy of children and families, not to insulate a government agency from scrutiny. The lawsuit asks the court to declare that the statute prohibits only the disclosure of personal identifying information, and to enjoin CYFD from threatening or punishing anyone who speaks publicly about child welfare practices.

The full investigative report, including underlying source materials, is available HERE: https://nmdoj.gov/publications/cyfd-report/.

“For years, CYFD has operated as if it answers to no one. It stonewalled investigators, retaliated against foster parents, and hid behind confidentiality laws every time someone tried to hold it accountable. That era is over,” said Attorney General Raúl Torrez.

Lawsuit

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