A mother lights a family; however, that doesn’t necessarily mean she should ignite the house where her kids live. The grandmother and a family friend feared for the kids’ safety, and they believed CYFD and police did not act fast enough.
In February, police received a call about a fire at Yailasha Smith’s apartment. Police rescued Smith and her two kids, but the grandmother of one of the kids says they called police days earlier, reporting that the mother was acting inconsistently.
According to a report, smoke poured out of the door, and a fire burned in the bathroom.
Albuquerque police arrested 28-year-old Yailasha Smith, accusing her of putting her two children in danger, who were both lying in bed as the fire burned. While on the scene, officers and firefighters expressed their concern that something like this might happen, stating they had received five calls earlier that day.
Now loved ones are coming forward, saying there’s much more to the story. Lisa Cubbage, the grandmother of Smith’s nine-year-old child, claims the Albuquerque Police Department and Children’s Youth Families Department ignored her concerns days before the fire.
“They didn’t do their job to protect the children, and I felt that that’s what that agency was for. To protect our children,” said Lisa Cubbage.
Events Before the Fire
Cubbage reported that the children’s teachers first noticed belt marks on their bodies, prompting CYFD to intervene with Smith over a year ago.
Smith involved CYFD with them again around last November when she left the kids at Cubbage’s home and never returned.
After Cubbage notified CYFD and APD, they advised her not to return the kids to Smith; however, in February, Smith showed up at the kids’ school and took them.
“When she removed the kids from the school, and we called, letting them know that the boys were in danger due to her erratic behavior and the live posts she posted on social media. You know, we were told she has custody and that basically it was okay for her to have the boys,” said Lisa Cubbage.
Authorities Lapsed on the Case
Daniel Tafoya, a family friend who helps Cubbage pick up the kids from school, said that after Smith took the kids from school, they called CYFD and APD for three days before the fire to notify them that Smith was a danger.
He told authorities that Smith posted concerning videos, but authorities conducted a welfare check through a window.
“Her saying the kids are okay and seeing the kids on the bed, how do you know the kids aren’t hurt on the bed? You know, you can’t look through a window and have 100% evidence that the kids are okay on the bed,” said Daniel Tafoya, a family friend.
When family issues get out of hand, distant relatives or family friends seek help from law enforcement agencies to protect the safety and well-being of the children. However, CYFD and APD failed to do this—they only did the bare minimum when checking on children.
Agencies should not operate this way when checking the welfare of possible victims or handling incoming reports. They should also investigate how the callers recognized the imminent danger.
Tafoya said that police warned him to stop calling, or else they would arrest him instead. He said that CYFD should have done more when police did not.
“They should’ve petitioned and said, hey, it’s need to go in front of a judge, we need to get into this house with all their evidence that they said they had, the reports before,” he said.
Authorities should not threaten to arrest a concerned citizen for calling just because they went there and saw a different picture. They should have at least examined the area and questioned the neighbors about how Smith treats the kids.
Concerns Are Coming In
In this case, when a parent is uncooperative, CYFD relies on law enforcement to authorize a hold of the children, which law enforcement did not do. They fully understand Smith’s concerning videos on Friday, but they could not seek a petition until the following Monday.
APD raised concerns regarding Smith’s capacity to care for the children, requiring legal justification for intervention. Following a consultation with a licensed clinician, APD prohibited Smith from picking up the children from school on February 5. The next day’s fire prompted officers to intervene.
Considering the justification needed to prevent the incident, one cannot deny that CYFD and APD could have minimized the possibility of fire happening if they urgently took action and did not allow any worst-case scenario to occur.
This case calls on law enforcement agencies to take all reports seriously and with urgency as danger does not wait. Every second matters when danger approaches; one second of intervention can help pause or halt the danger.
