Attorney General Raul Torrez announced on Wednesday that he had filed a lawsuit against the Children, Youth, and Families Department after a year-long investigation uncovered systematic failures, tragic child deaths, and alleged misuse of confidentiality provisions.
According to the Attorney General during the press conference, an effective system that protects children could have prevented the lost lives of children in the last two years.
“In the last two years, 14 children have lost their lives in the state of New Mexico, who should have been protected by this state. And if we had an effective system, they would still be with us today,” he said.
“The era of CYFD stonewalling, of hiding behind confidentiality, of threatening and intimidating people and retaliating against people is over,” he added.
Jayden’s Unfortunate Case
Jayden Garcia’s aunt Carla Garcia is suing CYFD, citing that they mistreated her nephew under their watch, resulting in her nephew taking his own life.
“In the time that Jayden was in state custody, he was shuffled between sleeping in CYFD offices to AMI Kids, which was where he ultimately took his life on April 12, 2025,” she said.
Garcia family’s attorney Sara Crecca says that the lawsuit will show how officials treated Jayden not only before his death, but also when someone discovered his body.
Jayden’s death made Torrez launch the Department of Justice’s investigation into CYFD.
“This agency will not tolerate it, and we will do everything in our power to put an end to it,” Torrez said.
More Unfortunate Events Unfold
The investigation has also revealed disturbing cases of neglect and abuse. One of these cases involves a developmentally delayed teenage girl who died of malnutrition and dehydration despite CYFD responding seven times to reports of neglect and abuse.
Police found insect bites and maggots during an autopsy of the girl’s body and discovered her bed stained with hair and feces.
Another case lies in Silver City which involved a young girl found unresponsive in a trailer strewn with trash and dog feces.
Her parents appeared sedated, and officers attempted CPR, but it was too late. The investigation found CYFD had previously filed incomplete and insufficient reports on neglect and abuse calls related to the family.
Torrez’s Findings
Torrez’s reports also accuses CYFD of undermining law enforcement by withholding evidence, including deleting photos from investigators’ phones.
“They have turned a system which was originally designed to protect the privacy interests of kids in this system into a blanket shield,” Torrez said.
The report underscores failures related to the Comprehensive Addiction Care and Recovery Act, which allows babies born addicted to drugs to be sent home with their parents under a plan.
The investigation asserts CYFD failed to follow up on CARA plans, contributing to over a dozen deaths. One case involved a 4-year-old who died partially due to meth exposure after CYFD failed to follow up on his CARA plan.
Regrets on CARA
Governor Michelle Lujan Grisham has recently expressed its regret over signing CARA into law back in 2019.
“2020 hindsight. I regret that I signed the bill in ’19 for CARA,” she said in a news conference earlier this year.
Statistics show that nearly half of families given CARA plans did not receive referrals to drug addiction treatment services with only 15% accepting referrals.
Last year, Grisham signed a directive to remove drug-addicted infants from their parents and place them in CYFD custody, however the report alleges CYFD has inconsistently followed the directive.
Torrez emphasized the need for accountability, saying that the agency will not tolerate it and will do everything in power to put an end to it.
CYFD responded to the report in a statement on Wednesday morning,
It says in a part, “We are still reviewing the attorney general’s report, but it’s clear that it underplays or ignores significant, measurable progress the department has made in the last seven months — progress acknowledged by outside partners, the plaintiffs and co-neutrals in the Kevin S. settlement and sister agencies.”
Kevin S. Settlement
In 2018, a lawsuit that alleged trauma-impacted children in state foster care lacked safe, appropriate, and stable placements, as well as behavioral health services to meet their needs resulted in the Kevin S. settlement.
CYFD added that they did not have the opportunity to review Atty. General Torrez’s findings, recommendation, and conclusions before he released them on Wednesday, which prevented CYFD from assessing them and taking any immediate action to protect the children.
The office of the governor also released a statement on Wednesday following the release of the report, saying the Attorney General’s report is shocking however the shock value won’t solve any problem and so, they will keep doing important daily work of keeping New Mexico’s children safe.
The governor’s office also referenced her CARA directive from last summer, saying it has resulted in authorities removing 168 children from dangerous homes.