Key CYFD Reform Bills Headed to House Floor
House Judiciary Committee advanced several pieces of priority legislation to improve transparency, accountability, and oversight, with broad bipartisan support
Santa Fe, N.M. – Several key pieces of legislation to improve oversight, transparency, and accountability at New Mexico’s Children, Youth and Families Department (CYFD) are now headed to the House Floor after passing the House Judiciary Committee with broad support today.
The committee unanimously voted to pass House Bill 5 to create 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 would 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 children of New Mexico are depending on us to not only keep them safe from harm, but to make sure they have a voice in their own lives and care,” said Rep. Abeyta. “The Office of the Child Advocate makes sure children in the care of CYFD have an impartial watchdog to look out for their well-being and address their concerns, so we can better protect individual children as well as investigate the broader issues within the agency that have led to far too many tragedies.”
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.
House Bill 203, which also passed unanimously, would require CYFD workers to retain and back up all electronic records. Maintaining these records is critical for transparency and oversight, particularly in cases where a child is harmed, so processes can be reviewed and potentially improved going forward. This measure is sponsored by Reps. Meredith Dixon (D-Albuquerque) and Sarah Silva (D-Las Cruces).
The committee also unanimously voted to advance House Bill 205, which would strengthen plans of care for substance-exposed newborns, move responsibility for the CARA (Comprehensive Addiction and Recovery Act) program from CYFD to the Healthcare Authority, and create a nominating committee to vet CYFD Cabinet Secretary candidates. HB 205 is sponsored by Reps. Meredith Dixon, Eleanor Chávez (D-Albuquerque), Rebecca Dow (R-TorC), House Minority Leader Gail Armstrong (R-Magdalena), and Senator Linda Trujilo (D-Santa Fe).
House Bill 364, which would ensure that children in CYFD’s care receive their federal benefits, passed unanimously, as well. This bill would require that the department maintain existing benefits, apply for them if the child is eligible, establish an appropriate account for the benefits, and provide the child with financial literacy regarding the account when they leave custody. HB 364 also prohibits CYFD from using a child’s federal benefits to reimburse the department for the cost of their care. The bill is sponsored by Rep. Marianna Anaya (D-Albuquerque) and Senator Heather Berghmans (D-Albuquerque).
“Entering the care of our state’s child welfare agency shouldn’t mean that a child loses or misses out on the federal benefits they are entitled to,” said Rep. Anaya. “House Bill 364 clarifies that as guardians of the children in their care, CYFD must secure, maintain, and protect the benefits provided to the child, and ensure individuals are equipped to manage these accounts when they enter adulthood.”
House Joint Resolution 5, which passed by a vote of 6-4, proposes an amendment to the state’s constitution that would create a new commission to appoint CYFD’s executive director and leadership to create more independence while helping to establish greater stability and continuity at this critical agency. The proposed Constitutional Amendment would be on the ballot for voters to consider in the November 2026 election if passed by both chambers of the legislature. HJR 5 is sponsored by Rep. Eleanor Chávez, Speaker Javier Martínez and Reps. Liz Thomson (D-Albuquerque) and Pamelya Herndon (D-Albuquerque).
“It’s clear that we need to make significant changes at CYFD in order to better protect the well-being of our children. Ensuring well-vetted, experienced leaders are at the helm of this critical agency, regardless of political changes in administration, is key,” said Rep. Chávez. “The voters of New Mexico deserve the opportunity to evaluate the merits of this proposal so they can have a say in improving the outcomes for our state’s children.”
While this measure overlaps with the nominating committee that would be established by HB 205, it does not conflict with it. If both are passed, the nominating commission would be in place until voters approve the amendment in 2026.
This session, House Democrats are focused on making communities safer and improving the well-being of New Mexico’s children and families. CYFD reforms are critical to that agenda.
“New Mexico has made incredible strides in improving child well-being in recent years, but the systems designed to protect our most vulnerable children are failing them,” said House Speaker Javier Martínez (D-Albuquerque). “These failures contribute to generational cycles of poverty, trauma, and substance use, and worsen crime in our state. Preventing juvenile crime starts with protecting the health and safety of our kids.”
A robust public safety package, House Bill 8, and bills to expand and transform access behavioral healthcare across the state Senate Bill 1 and Senate Bill 3, have already been signed into law.
Members of the public are welcome to attend floor sessions and committee meetings at the New Mexico Roundhouse, and can tune in virtually through the New Mexico Legislature’s Webcasts tab. Public comment can also be provided in-person, and via phone or Zoom as directed on the daily schedule.
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