Legislation would provide greater transparency, accountability, and oversight at CYFD

Santa Fe, N.M. – Today, the House Health and Human Services Committee voted 9-1 to advance House Bill 5, which would create an independent Office of the Child Advocate to oversee child welfare in New Mexico.
The Child Advocate would be an independent, impartial public official who receives and investigates complaints related to children's services at CYFD, ensures their resolution, and informs the public, Legislature, and Governor about opportunities for improvement.

"Too many of New Mexico's children have been harmed by the very systems that should protect them. We need to use every tool in our toolbox to improve child well-being," said sponsor Rep. Michelle Paulene Abeyta (D-To'hajiilee). "The Office of the Child Advocate would give our children somewhere impartial to turn for help when they have a complaint or concern about CYFD and allow us to more proactively investigate and address these pervasive issues."

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.

HB 5 is also sponsored by House Speaker Javier Martínez (D-Albuquerque), House Majority Leader Reena Szczepanski (D-Santa Fe), and House Majority Whip Dayan Hochman-Vigil (D-Albuquerque). The bill now heads to the House Judiciary Committee.

The House Health and Human Services committee also passed House Joint Resolution 5 by a vote of 9-1. This legislation 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 reducing turnover at this critical agency. HJR 5 now heads to the House Floor. If passed by both chambers of the legislature, the proposed Constitutional Amendment would then be on the ballot for voters to consider in the November 2026 election.

"There should be absolutely no doubt that we have to make significant changes to protect New Mexico's children. Our kids continue to pay the price for the agency's failures," said sponsor Rep. Eleanor Chávez (D-Albuquerque). "Having well-vetted, experienced leadership at CYFD would bring more accountability to an agency that desperately needs it."

HJR 5 is sponsored by Reps. Eleanor Chávez (D-Albuquerque), Liz Thomson (D-Albuquerque), Pamelya Herndon (D-Albuquerque), and House Speaker Javier Martínez (D-Albuquerque).

In addition to these bills, House Democrats are pursuing legislation to:

Expand access to medication assisted treatment for juveniles in CYFD's care (HB 152)
Ensure children in CYFD's care receive their federal benefits (HB 364)
Improve transparency at CYFD, especially in cases where a child is harmed, by requiring the agency to retain and back up electronic records (HB 203)
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)

*Note: this measure overlaps with HJR 5, but does not conflict with it. If both are passed, the nominating commission would be in place until voters approve the amendment in 2026.

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.