CYFD chief in the hot seat at end of reform hearing

Arbitrator listens to eight days of testimony about agency operations, failings from 21 witnesses

BY COLLEEN HEILD JOURNAL STAFF WRITER

New Mexico Children, Youth and Families Secretary Teresa Casados on Friday offered new initiatives she hopes will help solve years worth of problems at the troubled agency, such as convening a child welfare summit.

As for the reforms her agency agreed to in June 2023, Casados said there have been “good faith efforts” to try to achieve results, like lowering caseloads, increasing foster families and ensuring all children coming into state custody get a medical exam within 30 days.

But a group of child welfare attorneys representing 13 foster youth and organizations who sued the state in 2018 say that’s not good enough. They are pressing the agency to meet agreed-upon targets that haven’t been achieved as promised by CYFD leaders.

What happens next is up to an arbitrator who listened to eight days of testimony about CYFD operations and failings from 21 witnesses. Along with the arbitrator’s decision, the state Legislature will also be playing a role early next year when CYFD asks for $7 million for new hires.

“This has been years, if not decades, in the making,” Albuquerque attorney Charles Peifer, the arbitrator, told Casados during her testimony on Friday.

“It’s a process to change a system,” responded Casados, who has headed the agency since May 2023. She is the third Cabinet secretary to head the troubled agency since 2019.

Two national experts, called co-neutrals, recently found CYFD in 2023 had not met dozens of performance standards aimed at reform. Their yearly report is required under a settlement of the lawsuit referred to as Kevin S, which was filed in 2018.

But Casados said, “There have been efforts made that have not been recognized (by the co-neutrals).”

The plaintiffs contend CYFD

violated a mutually agreed upon corrective action plan because it failed to meet Dec. 31, 2023, deadlines for lower caseloads, foster family recruitment and ensuring that children coming into state custody receive a wellness check within 30 days.

Casados had a different view of the state’s obligations.

“This was drilled into me when I got here...we just have to make good faith efforts,” she said.

Casados said when she took over CYFD, her biggest concern was the agency’s budget division. “I couldn’t get answers; there were no budget projections,” she said.

Only one deputy secretary stayed after the departure of former state Supreme Court Justice Barbara Vigil, who stepped down as Cabinet secretary. There were no division directors either, Casados said.

Casados found the structure of the agency was such that each region of protective services had its own interpretation of policies and procedures. The lack of uniform policies, procedures and forms meant that “whatever region you are (depends) on whether a child is taken into custody.”

Peifer asked about ways to keep experienced caseworkers and why they might be leaving, but Casados said she doesn’t see exit interview results that might show what is driving workers out of the agency, typically in the first two years.

Casados said the agency didn’t comply with the goal set by the corrective action plan last year of putting a designated foster family recruiter in each of five high-needs counties. She said that was due to “miscommunication.”

Peifer asked about an idea from a private contractor that CYFD offer $250 bonuses to foster parents to hold recruitment parties in their home.

Casados said her agency’s legal staff nixed that idea but added, “It’s a fight we’re still fighting.”

After taking over the agency, Casados she imposed a months-long hiring “pause,” not a hiring freeze. She said she needed to “get her arms around” various issues, such as staff needs and spending at the agency. She said staff recruitment and some hires still occurred.

So far in 2024, the agency has hired 11 employees in its child protective services section, she said. Some 1,200 full-time positions are authorized, but currently the total number of employees is between 850 and 900.

Meanwhile, CYFD is planning new initiatives to improve the well-checks for incoming children by locating a medical liaison at various offices and is developing an enhanced foster care program for kids with higher mental or behavioral needs. Casados said an upcoming statewide child welfare summit is scheduled “to build a blueprint for the department and what we need for an appropriate child welfare system.”

State Sen. Crystal Brantley, R-Elephant Butte, issued a statement late Friday after Casados’ testimony at the arbitration hearing, saying, “The excuses that CYFD continually rattles off for failing our vulnerable children is infuriating.”

“The department under Casados spends more time spinning its failures than striving to meet their legal obligation to reform the agency,” she said.

Brantley said she expects Casados and the administration of Gov. Michelle Lujan Grisham “to come forward with concrete requests and legislation to implement the reforms they are obligated to make by law.”

Colleen Heild is an investigative reporter. She also writes about CYFD and Federal courts. You can reach her at cheild@abqjournal.com.