New Mexico Department of Justice files lawsuit against CYFD after child safety investigation

ALBUQUERQUE, N.M. (KVIA) -- New Mexico Attorney General Raúl Torrez announced a lawsuit against the Children Youth and Families Department to "enforce transparency and protect children" Wednesday. The lawsuit comes after an investigation looking into child safety issues.

The New Mexico Department of Justice launched the investigation in April 2025 after the death of a teenager in CYFD custody, the sate DOJ said. It added, the investigation found CYFD "strayed from its legal mandate to prioritize child safety above all else."

"Investigations routinely fall short, with missed interviews, incomplete home visits, and inconsistent safety assessments allowing abuse and neglect to go undetected," the state DOJ said in a news release. "CYFD delays removals from unsafe homes, prematurely reunifies children with unfit caregivers, and fails to adequately protect drug-exposed infants."

The state DOJ added, 14 children died in situations tied to CYFD's oversight in the last two years.

The state DOJ said state law protects children and families in abuse and neglect proceedings from identifying information.

It argued CYFD used the protection to withhold information from the state DOJ, state police, state auditor and courts.

The state DOJ said the lawsuit, filed in the Santa Fe District Court, asks the court to declare a statute of the Children's Code (Section 32A-4-33) "prohibits only the disclosure of personal identifying information," and to prohibit CYFD from threatening or punishing anyone who speaks publicly about child welfare practices.

 "For years, CYFD has operated as if it answers to no one," Attorney General Torrez said. "It stonewalled investigators, retaliated against foster parents, and hid behind confidentiality laws every time someone tried to hold it accountable. That era is over."

The full investigative report and case studies can be found here.