House committee passes two measures to make NM child welfare agency more transparent and accountable

Lawmakers in a House committee on Friday unanimously approved two bills they hope will make needed reforms to the New Mexico Children, Youth and Families Department, a department whose recent failures have resulted in millions of taxpayer dollars spent on lawsuits. 

Sponsored by Rep. Meredith Dixon (D-Albuquerque), House bills 203 and 205 would create a formal record retention schedule, violation of which is punishable by termination, and move the responsibility to create “plans of safe care” for babies exposed to substances from the department to the Health Care Authority. 

New Mexico has struggled for decades to give vulnerable youth adequate resources

HB 205 would also create a committee to vet candidates for the CYFD cabinet secretary position. Dixon said the CYFD leadership endorsed HB 205. 

Sara Crecca, an attorney who has successfully sued CYFD for wrongful death, including as part of the landmark “Kevin S.” ruling, testified as Dixon’s expert witness Friday in front of the House Government, Elections and Indian Affairs Committee. She alleged it’s common practice at CYFD for employees to delete or manipulate records, especially if they think doing so will reduce their risks of a lawsuit. 

But those practices are not only unethical, she said, they prevent the beleaguered department from the accountability it needs and actually increase the state’s liability. 

In a 2019 wrongful death case, she told the committee, department higher-ups covering up the facts of the case impeded a criminal investigation. Also, the deletion of records partially caused the settlement of $4.9 million to be far higher than it would otherwise have been, she said. 

“This not only is the right thing to do because our children are worth it,” she said. “It actually will mitigate the risk if employees learn they cannot do this.”

The law would mandate the use of state-issued electronic devices, create a formal back-up and retention schedule, and require that records are retained for 24 years, Dixon said. 

Both bills are now headed to the House Judiciary Committee.