On Friday, March 21, the day before the 2025 New Mexico Legislature session ended, Gov. Michelle Lujan Grisham signed into law House Bill 5 which creates the new Office of the Child Advocate within the state Department of Justice. The office will commence operation in July. The Director of the office will be appointed by the governor but will be subject to Senate confirmation.
Before signing the legislation into law, the Governor gave a blistering broadside accusing lawmakers of “posturing and grandstanding” in their handling of bills related to New Mexico’s Children, Youth and Families Department. The governor worked with senators to make changes to the legislation after it had passed the House earlier this month without a single “no” vote.
Governor Lujan Grisham blasted lawmakers and Attorney General Raúl Torrez for pushing the bill in what she described as a political vendetta. The original draft of the l allowed the attorney general’s office power to bring civil litigation against CYFD employees who may be involved in misconduct. That provision was taken out in order for the bill to pass.
In her executive message to lawmakers, the Governor said this:
“Make no mistake about it, this bill was not designed to protect children. … It was a thinly-disguised vendetta by a Legislature that is still upset at my continuing pursuits on meaningful criminal justice legislation in New Mexico and an attorney general who has failed to demonstrate that public safety is a priority in any meaningful way.”
Lujan Grisham’s message also made note of an earlier version of the law that would have allowed the Attorney General “to engage in civil litigation against CYFD and its employees”. The Governor said this in part:
“I find it disturbing that the individual who refers to himself as ‘the chief legal counsel and advisor to the executive branch of state government including all executive department’ literally lobbied for authority to bring legal action against the very people he purports to be ‘counsel and advisor’ to and did not appreciate the obvious conflict of interest that would have created.
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“I would also like to take a moment of personal privilege to say that I am deeply disturbed by the legislature’s gleeful condemnation of CYFD. These same legislators insulted social workers, foster families, and case managers. People that literally spend their days trying their best to do good work for our children to keep them safe and give them the supports they need. The irony that the same individuals that literally refuse to fully fund the agency to hire enough staff then criticize their vacancy rates and unmanageable workloads.
“Despite these issues, I have signed HB 5.”
In response, Lauren Rodriguez, the Department of Justice Chief of Staff for Attorney General Raul Torrez, issued a statement and said this:
“While we are encouraged by HB5 becoming law, we are deeply disappointed that the Governor chose to center the discussion around herself and her inner circle. The focus of this bill should have remained squarely on the children who suffer from neglect, abuse, and systemic failures. Nowhere in the Governor’s statement is there acknowledgment of their struggles or the urgent need for reform. I believe leadership means prioritizing the people we serve, not engaging in personal grievances.”
Attorney General Raul Torrez for his part said he did not know Lujan Grisham was going to write the letter, saying he and Lujan Grisham do not have “a necessarily strong relationship” right now.
House Speaker Javier Martínez, D-Albuquerque, said the CYFD oversight bill was not motivated by political reasons.
“It’s not good practice for us to tailor our policymaking to fit the vision or the view of any particular governor. … It is our job to pass good legislation.”
New Mexico Child First Network Executive Director Maralyn Beck said this about the Governor’s opposition:
“The governor has not been supportive of this office [new Office of the Child Advocate] and, for years, the reason this bill has died is because of her pushback. … She has openly and vocally opposed this office in the past few weeks.“
Lujan Grisham has staunchly opposed any and all efforts to increase outside oversight of CYFD. Instead, the Governor ordered the creation of a new advisory council within CYFD. During this year’s 60-day session, the Governor urged lawmakers to pass a separate bill that would have created a nine-member child protection authority attached to the Regulation and Licensing Department, an agency run by a Lujan Grisham appointee. The bill went nowhere and languished in a Senate committee without a single vote.
Links to quoted or relied upon news sources are here:
https://sourcenm.com/2025/03/21/ag-excoriates-governor-over-message-on-house-bill-5/
https://www.abqjournal.com/news/article_53546ff5-5a33-45f7-959f-a32ae027db7a.html
YEARS OF SCRUTINY AND LITIGATION
CYFD has faced years of scrutiny and litigation over issues with child placements, mental health care, and dangerous situations involving the care of children placed in its custody. New Mexico’s child welfare agency has struggled to reverse chronic staff shortages and the state’s rate of repeat child maltreatment increased last year to 15%. The number of children in state care also increased last year, despite a 2020 settlement agreement that established new targets such as not placing any children in state offices or hotels.
In the run-up to this year’s session, lawmakers expressed increasing frustration and anger about the direction of the agency after a string of recent child abuse cases. After oversight bills stalled in recent sessions, House Speaker Javier Martínez, D-Albuquerque, joined top House Republicans this year in calling for change at CYFD.
On January 29, 2025, it was reported that CYFD is once again facing scrutiny after a court-appointed arbiter ruled that the agency had failed to meet the terms of a settlement agreement designed to improve the state’s foster care system. This ruling comes in response to a class action lawsuit filed on behalf of hundreds of foster children who, due to systemic failures, found themselves homeless or without proper care. (See Postscript below for more on class action lawsuit.)
New Mexico legislators have tried repeatedly to reform the department by increasing outside oversight of the agency. Governor Michelle Lujan Grisham for her part has opposed all past efforts to increase outside oversight. Instead, she ordered the creation of a new advisory council and office of innovation within CYFD.
Sara Crecca, an Albuquerque attorney who has represented children in CYFD custody for more than 20 years, said she has never seen the agency in its current level of “disrepair.” Crecca said she’s hopeful the bill will help children around the state if it’s signed into law. Crecca said this:
“The office of the child advocate will empower them, their parents and their foster parents in their battle for basic care in our broken child welfare system.”
Links to relied upon or quoted news sources are here:
INDEPENDENT OFFICE OF THE CHILD ADVOCATE
House Bill 5 creates an independent Office of the Child Advocate (OCA) to oversee child welfare in New Mexico. As an impartial public official, the Child Advocate would receive and investigate complaints related to children’s services at CYFD and state agencies, ensure their resolution, and inform the public, legislature, and Governor about opportunities for improvement.
The OCA will also review CYFD’s policies and procedures, provide children and families with information about their rights, operate a toll-free hotline to receive complaints, and compile and report independent data, among other duties. The bill is sponsored by Rep. Michelle Paulene Abeyta (D-To’hajiilee), House Speaker Javier Martínez (D-Albuquerque), House Majority Leader Reena Szczepanski (D-Santa Fe), and House Majority Whip Dayan Hochman-Vigil (D-Albuquerque).
The Child Advocate would be appointed for a six-year term by a selection committee composed of bipartisan representatives of the New Mexico House and Senate, the Governor’s office, the Attorney General, and the Supreme Court. Candidates would be selected based on their qualifications in law, psychology, social work, or family therapy. The Office of Child Advocate would be independent and autonomous, but would be administratively attached to the New Mexico Department of Justice. This would allow the Office of the Child Advocate to pursue all available remedies to protect the health and safety of New Mexico’s children.
On Friday March 14 , the New Mexico Senate voted to approve House Bill 5 on a 28-13 voted but only after adding an amendment offered by Sen. Katy Duhigg, D-Albuquerque, aimed at avoiding conflicts of interest as child well-being investigations are carried out. The amendment to the bill was added to avert a potential veto showdown with Gov. Michelle Lujan Grisham. House Bill 5 as amended was adopted by the House.
COMMENTARY AND ANALYSIS
It’s extremely disappointing that Governor Michelle Lujan Grisham would lash out like and admonish the legislature for doing its job in implementing an independent oversight agency of the Children, Youth and Family Department.
It was totally appropriate for the Governor to oppose Attorney General Raul Torrez efforts “to bring legal action against the very people he purports to be ‘counsel and advisor’ suggesting accurately he did not appreciate the obvious conflict of interest that would have created. Governor Lujan Grisham lobbied successfully for removal of the conflict and was able to secure changes to the bill which eliminated the AG. It should have satisfied her concerns. Instead, she chose to lash out in anger. Her broad side of the legislature was beneath the dignity of her office.
The Office of Child Advocate is designed to receive and investigate complaints related to children’s services at CYFD and state agencies, and to at ensure their resolution, and to inform the public, legislature, and Governor about opportunities for improvement. Simply put, the Governor and her administration have been a complete failure during the last 7 years in dealing with crisis and crisis after crisis. The legislature had enough and reacted appropriately.