The New Mexico Legislature’s Courts, Corrections and Justice Interim Committee is one of the most influential committees of the legislature. It consists of 32 House and Senate members and meets year-round. On September 13, the committee met in Española, New Mexico at Northern New Mexico College. Legislators where given very sobering if not depressing information regarding the state’s Children, Youth and Families Department (CYFD). One lawmaker lamented CYFD is New Mexico’s Hindenburg.
The CYFD information included staff turnover being higher than the national average with child maltreatment rates increasing all of which have occurred despite significant increases in funding to the department in recent years. Legislators expressed frustration about the trends during the committee meeting citing low completion rates in voluntary programs like home visiting for new parents.
Over the last few decades, New Mexico has struggled to address child welfare issues. Lawmakers have gone so far as to propose bills seeking independent oversight of the Children, Youth and Families Department and other structural changes. Governor Michelle Lujan Grisham and her administration have opposed such efforts even though the governor last year herself described the department as “dysfunctional” and ordered the creation of a new advisory council and office of innovation within CYFD.
STATE SPENDING INCREASES BUT MISERABLE RESULTS
New Mexico is having an ongoing and historical state revenue boom. State spending on protective services for New Mexico children has grown by about $100 million over the last decade, to more than $200 million annually. But the turnover rate for CYFD case workers has remained exceedingly high. Last year, according to legislative data, staff turnover was upwards of 34% and the total number of protective services employees in New Mexico is at roughly the same level it was in 2017. CYFD will see its insurance premiums increase by $1.5 million in the coming fiscal year, after the state paid out more than $21 million in settlements dealing with abused and neglected children since 2021.
Legislative Finance Committee analyst Rachel Mercer Garcia told lawmakers that CYFD in recent years has reduced the amount of public reports it publishes on child welfare issues. She said “There are likely opportunities to strengthen oversight mechanisms.” Legislators were told some families are not being made aware of a support plan being created for them after a hospital finds a baby who was exposed to illicit substances.
Family Services Division, CYFD spokesman Andrew Skobinsky disputed the claim of decreased reporting and complained that agency officials were not invited to participate in the committee hearing. Skobinsky also said the child welfare agency expects to see steady progress when it comes to reducing child neglect and deprivation cases under a new Family Services Division. However, Skobinsky said CYFD Secretary Teresa Casados has signed off on 34 new hires in the last two weeks, describing the agency as a workplace with “significant opportunities” to make a difference.
The CYFD “HINDENBERG”
Democrat Las Cruces Senator Joseph Cervantes called the state’s child welfare trends “shameful” during the committee hearing. Cervantes asked rhetorically at one point, while growing visibly emotional, and said this:
“What are we doing? … There’s nobody who’s more vulnerable [than our children].”
Alamogordo Republican John Block referred to CYFD as the state’s “Hindenburg,” a reference to the disastrous explosion of the German airship and said this:.
“I feel like sometimes in these committees we’re just banging our heads against the wall.”
https://www.yahoo.com/news/increasing-spending-lawmakers-express-frustration-030100097.html
NM HOUSE SPEAKER SIGNALS CYFD OVERSIGHT BILLS WILL BE BROUGHT BACK DURING 2025 LEGISLATIVE SESSION
On September 18, during the Legislative Finance Committee (LFC) meeting held in Albuquerque, House Speaker Javier Martínez signaled that House Democrats will push a package of bills during the upcoming 60-day legislative session aimed at bolstering New Mexico’s beleaguered child welfare system and the Children, Youth and Families Department (CYFD). The bills will be essentially the identical legislation that failed during the 2023 legislative session.
The legislation will include proposals to add more outside oversight to the Children, Youth and Families Department. The proposed legislation will likely set up a showdown with Governor Michelle Lujan Grisham, who opposed such proposals during the 2023 legislative session.
During the LFC hearing, Martínez and other lawmakers expressed frustration about recent child welfare trends in the state, including high staff turnover and increased child maltreatment rates.
Speaker Martinez noted that the state’s child welfare crisis was inherited by Lujan Grisham but added that after upwards of 6 years, her administration “owns it” now. Martinez said “It’s hard for me to understand why we are so resistant to outside perspectives.”
Governor Lujan Grisham has opposed efforts to increase outside oversight of CYFD. Instead she ordered the creation of a new advisory council and office of innovation within CYFD.
CYFD Cabinet Secretary Teresa Casados testified that she is not opposed to outside oversight of the agency, but said it already receives ample scrutiny under a 2020 legal settlement and from other groups. Casados was appointed in November 2023 as the governor’s third CYFD secretary since Lujan Grisham took office in 2019.
Casados told members of the Legislative Finance Committee this:
“I just feel like there is a lot of oversight right now.”
Magdalena Republican Gail Armstrong said she would not want Casados’ job, but said she’s exhausted from hearing reports of new CYFD initiatives that ultimately don’t lead to systemic changes. Armstrong asked “When are we going to make a difference?” before imploring Casados to “Fix it, please.”
The legislative push to revamp the state’s child welfare system could be bipartisan, as Republican lawmakers have also expressed frustration.
Speaker Martínez cited the Cabinet secretary turnover saying, “There’s something that’s not working — something’s missing.”
He also said the state’s inability to reduce child maltreatment rates has cast a cloud on New Mexico’s progress in other areas, including expanding pre-kindergarten and other early childhood programs.
New Mexico has paid out more than $21 million in settlements dealing with abused and neglected children since 2021, which has caused CYFD’s insurance premiums to rise.
Relied upon and quoted news source is here:
Albuquerque Journal “House speaker signals CYFD oversight bills will be brought back at the Roundhouse” by Journal staff reporter Dan Boyd
KIDS COUNT DATA BOOK RANKINGS FOR NEW MEXICOS CHILDREN
On June 11 the New Mexico Voices for Children released the “2024 Kids Count Data Book, State Trends In Child Well Being.” The annual “Kids Count” Data Book is prepared by the Annie E. Casey Foundation. The Casey foundation is a nonprofit based in Maryland focusing on improving the well-being and future of American children and their families. It assesses how New Mexico children are faring in a number of areas including economic well-being, education, health, and family and community.
The link to the 2024 Kids Count Data Book is here:
https://www.aecf.org/resources/2024-kids-count-data-book
DEPRESSING STATISTICS
The 2024 Kids Count Data Book contains an astonishing number of depressing statistics for New Mexico’s children as they relate to overall child well-being, education, health and economic well-being. In 2024, out of all 50 states, New Mexico ranked 50th in overall childhood well-being, ranked 50th in education, ranked 48th in economic well-being, ranked 44th in health and ranked 49th in family and community. Forty-one percent of New Mexico students between 2021 and 2022 were chronically absent from school.
The 2024 Kids Count Data Book statistics are essentially identical to the 2023 Kids Count Data Book statistics with a 1% decrease in Family and Community. The statistics for both years for comparison are:
In 2024, New Mexico ranked 50th in EDUCATION. In 2023, New Mexico also ranked 50th in EDUCATION.
In 2024 New Mexico ranked 48th in ECONOMIC WELL-BEING. In 2023, New Mexico ranked 49th in ECONOMIC WELL-BEING RANKING.
In 2024, New Mexico ranked 49th in FAMILY AND COMMUNITY. In 2023, New Mexico ranked 48th in FAMILY AND COMMUNITY.
In 2024 New Mexico ranked 44th in HEALTH RANKINGS. In 2023, New Mexico ranked 44th in HEALTH RANKINGS.
The link to the 2023 Kids Count Data Book is here:
Click to access aecf-2023kidscountdatabook-2023.pdf
The link to review New Mexico’s 2024 Kids Count Data profile page giving the state the overall ranking of 50 and the statistics in the categories of Economic Well Being, Education, Health, and Family and Communication is here:
Click to access 2024-KCDB-profile-NM.pdf
Maralyn Beck, founder and executive director of New Mexico Child First Network, which aims to improve foster care in the state said this about the statistics:
“Our kids are not OK. … Solutions exist to do better, but we need political will and political courage to push forward solutions that we know will improve outcomes for our children.”
Beck said that children in foster care also have lower educational outcomes and are at the “highest risk.” Beck said the Kids Count Data book highlights the average New Mexican student but does not fully address kids in foster care who are even more vulnerable. Beck said this:
“The kids I’m working with are the most vulnerable. … Kids in foster care have the lowest education outcomes. One in 7 kids will graduate from high school. One in 50 will graduate from college.”
CHILDREN LIVING IN POVERTY
According to the 2024 Kids Count Data Book, New Mexico ranks 48th with Children Living in Poverty. A November 17, 2023 report prepared by the Legislative Education Study Committee found that nearly 40% of students were chronically absent from school in New Mexico during the 2022-23 school year. The number is slightly less than the previous year, but it’s still a major concern for educators and lawmakers who say children can’t learn if they aren’t in class. According to the report nearly 60.8% of students who are experiencing housing insecurity are also chronically absent. Chronic absenteeism is defined in New Mexico state law as missing 10% or more of classes or school days for any reason, whether excused or unexcused.
ADVERSE CHILDHOOD EXPERIENCE
Across 2021 and 2022, one in two New Mexico children experienced an adverse childhood experience (ACE) defined as “a traumatic experience that could include abuse, neglect or witnessing domestic violence.” New Mexico tied with Mississippi for the highest rate of kids who had experienced such trauma.
George Davis, a child psychologist who has worked with the state Children, Youth and Families Department and children in the juvenile justice system, said Adverse Childhood Experiences (ACE), can disrupt normal child development. Davis said children who are separated from their parents, for example, may later show struggles with self-regulation through aggression, trusting adults, trouble making friends and even challenges sitting still or paying attention in school. Davis said this:
“It undermines the foundations that you need to progress in life in very fundamental kinds of ways.”
Davis said poverty alone is not ACE, but it can be associated with other traumatic experiences. The state has made some improvements in the childhood poverty rate, the report noted, but it still remained at about 24% in 2022, 8% higher than the national rate.
Davis said that addressing statewide gaps in health care and substance abuse treatment, as well as poverty, is needed to prevent ACE. Although Davis said he sees a political interest in preventing childhood trauma, the next steps may seem unclear. Davis said this:
“I think people don’t know what to do at the state level. … But I think there definitely is the will.”
New Mexico Appleseed is an organization focused on reducing child poverty. Jennifer Ramo, founder of New Mexico Appleseed, said homelessness can compound some of the issues raised in the Kids Count Data Book report. Ramo said transportation can be difficult for children who are homeless contributing to absenteeism. Even if kids make it into the classroom, those factors can make it difficult to learn. Ramo said this:
“The teacher and the students, they’re both outgunned by poverty. … In general, I don’t know how you can expect these kids to learn and be ready emotionally, and be focused, when maybe they haven’t eaten or they were sleeping on the floor or they have four people in their bed.”
Ramo said basic guaranteed income is something New Mexico Appleseed is pushing for as well as a statewide program to pay kids to show up to school. Ramo said this:
“Most families are working and trying to get multiple jobs, and it’s still not adding up. … They still are not meeting the cost of living. … We can’t keep doing the same thing over and over and expecting a different outcome.”
A test program in two school districts in northern New Mexico paid students $500 per month if they attended tutoring, attended school 90% of the time and attended one socio-emotional meeting. The program worked. Ramo said this:
“They did it. … It’s a pretty profound impact. Between both districts, it was 93% [graduation rate for the participants].”
NEW MEXICO’S FINANCIAL COMMITMENT TO KIDS EDUCATION
During the last 6 years, the New Mexico legislature has been very aggressive when it comes to increased funding to turn things around for New Mexico’s children when it comes to education and their wellbeing. Much of the legislatures efforts have been a direct result of the 2018 landmark education case of Yazzie-Martinez v. New Mexico Public Education Department where a First Judicial District Court ruled the State of New Mexico violated students’ fundamental rights by failing to provide a sufficient public education mandated by the state constitution. The court found that New Mexico students have a right to be college-and career-ready, a standard that was not being met by New Mexico’s education system. To address this, the state was ordered to take immediate action and establish an educational system that ensures at-risk students in New Mexico will be college and career ready.
In the summer of 2022, the New Mexico Public Education Department (PED) released updates on the progress made in response to the Yazzie-Martinez ruling. The report highlights various initiatives undertaken by the state, including increased funding, expanded access to pre-kindergarten programs, and targeted support for struggling schools.
“According to the report, the state’s spending on public education has received a substantial boost. In fiscal year 2018, New Mexico’s education system was funded at the tune of $2.69 billion; in fiscal year 2024, the education system is being funded at $4.17 billion. That is an increase of $1.3 billion over five years. State funds have been channeled toward reducing class sizes, hiring additional teachers, improving professional development programs, and enhancing resources for English language learners and special education students.”
In fiscal year 2019, public education funding spiked. The biggest accomplishments of the 2019 Legislative session were the dramatic increases in public education funding, creation of the Early Childhood Department (CYFD), the mandates to Children, Youth and Families and Public Education departments, not to mention raises for educators and increasing CYFD social workers by 125 were clearly the biggest accomplishments of the 2019 Legislative session.
Funding spiked in 2019 and was up to $306 million, including the following:
- $64 million for Pre-K to better prepare children for elementary school.
- $45 million for family, infant, toddler programs to help families with children with developmental delays.
- $30 million for K-3 Plus to add 25 days to the school year.
New Mexico is 1 of just 4 states with a stand-alone department dedicated to services targeting children through age 5. The initial operating budget for the new department was $419 million for the 2020-2021 fiscal year. The new department is tasked with overseeing the state’s growing investment in prekindergarten, home visiting programs for new parents, childcare and similar services that previously were scattered across several departments. One of the key goals is to better coordinate the state’s network of early childhood services by housing them in one department rather than having them overseen separately by other departments.
In 2020 the New Mexico Legislature created a $320 million early childhood education trust fund. In 2021, lawmakers and the governor agreed to up the spending on early childhood programs to $500 million.
2022 EDUCATION BUDGET FUNDING
During the 2022 New Mexico Legislative session, a trio of bills were enacted to fund programs to help Native American students succeed in school. The house bills provided more than $70 million to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students.
The first bill appropriated $20 million from the state’s general fund to the Indian Education Act to be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system.
A second bill appropriated $21.5 million to help tribal education departments develop learning plans and programs for students, extend learning opportunities and support tribal school libraries.
The third bill was aimed at higher education and appropriated $29.6 million to four state colleges and three tribal colleges for 53 initiatives.
In 2022, voters approved tapping the state’s Land Grant Permanent Fund for roughly another $240 million annually for early childhood education and K-12 schools. The additional distribution of funding from the Permanent Land Grant Fund goes into effect on July 1. The Early Childhood Education and Care Department recently reported it will experience a 68% increase in funding for Fiscal Year 2024.
The link to news source on funding is here:
2023 EDUCATION BUDGET FUNDING
The enacted 2023-2024 New Mexico State budget contains major expenditures for education and child wellbeing. Those expenditures include:
- $220.1 Million for extended in-classroom learning time by increasing the number of minimum instructional hours per year in public schools.
- $30 Million to provide healthy universal school meals and to eliminate school meal costs for every New Mexico child.
- 9 Million to the Children, Youth and Families Department for 60 new protective services staff, to be supported by additional federal matching funds.
- $277.3 Million for continued investments in affordable, high-quality child care.
- $131 Million to maintain and expand access to high-quality pre-k education.
- $40.4 Million for the continued expansion of early childhood home visiting.
- $111.1 Million to provide a four percent salary increase forall school personnel.
- $157.4 Million for the Opportunity Scholarship program
Links to quoted news source material are here:
2024 EDUCATION BUDGET FUNDING
On February 12, 2024, the 2024-2025 Fiscal Year state budget was passed by the New Mexico Legislature. It contains a 6.5% increase in recurring funds from last year’s 2023-2024 fiscal year. The largest slice of the general fund goes to public schools, which are slated to receive about $4.3 billion for the fiscal year. That includes more than $94 million to give a flat 3% raise to all public-school employees, an amount that was trimmed by a Senate Finance Committee. Before public school employees were looking at a total average of 4% raises. The final version the budget approved by the Senate includes $30 million for summer reading intervention programs, $14 million for early literacy and reading support and $5 million to train secondary educators in the science of reading.
COMMENTARY AND ANALYSIS
After a full 6 years and millions spent each year on the state education, programs and departments created, it difficult to accept any excuses given as to why New Mexico has not been improving when it comes to child wellbeing. If anything, the ratings are getting worse. The sad reality is that New Mexico poverty levels will always have the most serious and direct impact on child wellbeing. No matter the millions spent on programs and state agencies for child wellbeing, not much progress will be made until New Mexico deals with its chronic poverty.
One thing is for certain, the Governor and the legislature, need to recognize once and for all that despite all the increases in funding over the last 6 years, the performance of the Children Youth and Families Department is simply just not cutting it and there is a need for drastic changes. When the governor herself last year described the CYFD department as “dysfunctional”, she was foolish then not to taken any responsibility and foolish not to agree to a complete overhaul of the department, including changes at the very top. Instead, the Governor ordered the creation of a new advisory council and office of innovation within CYFD. During the 2025 legislative session, the legislature needs to take control and call for an outright reorganization of the department and demand more oversight.