Two of the people who oversee reforms to New Mexico’s foster care system say lawmakers’ plans to create an independent agency and remove oversight from the executive branch would only make things worse.
House Joint Resolution 5 proposes a constitutional amendment to move the Children, Youth and Families Department out of the governor’s direct responsibility and place governance of the agency in the hands of an appointed five-member commission.
On Tuesday, two state child welfare reform experts expressed their opposition to HJR 5 in a letter to New Mexico Children, Youth and Families Department Cabinet Secretary Teresa Casados and Tara Ford, the attorney for the plaintiffs in the lawsuit against New Mexico’s child welfare system known as Kevin S.
The letter’s authors, Judith Meltzer and Kevin Ryan, are the two “co-neutrals” appointed by a federal court to oversee New Mexico’s progress in the landmark settlement agreement resulting from the lawsuit.
The co-neutrals “genuinely are the most skilled and experienced experts in the nation,” said Mike Hart, the attorney who initially took the state government to court over its failed foster care system, during a Senate Judiciary Committee hearing last month.
“They turned around New Jersey, they turned around Oklahoma, they turned around Tennessee,” Hart told the committee. “These folks know what they’re doing.”
Meltzer and Ryan wrote that while they generally don’t comment on legislative matters “we believe it is important that we share our views on this proposed change, based on both of our experiences in multiple states involved in child welfare reform.”
“While we understand fully the need for effective leadership and accountability to improve the performance of CYFD on behalf of New Mexico’s children and families, we feel strongly that this change will not help and may, in fact, make improvement efforts even more difficult,” the co-neutrals wrote.
Rep. Eleanor Chávez and House Speaker Javier Martínez, both Albuquerque Democrats, are sponsoring HJR 5.
In a written statement on Wednesday, Chávez referred to Meltzer and Ryan as “out-of-state co-neutrals” and said she was not previously aware of their concerns.
“New Mexicans know that the problems at CYFD are longstanding and pre-date the Kevin S. settlement,” she said. “Since the settlement agreement, CYFD has failed to make any progress and New Mexico’s children continue to pay the price. There should be absolutely no doubt that we have to make significant changes.”
HJR 5 is one of several solutions lawmakers and experts have worked on for months to better protect children, she said.
“We trust the voters of New Mexico to evaluate the merits of this proposal and believe they deserve a say in improving the outcomes for our state’s children,” Chávez said.
Martínez had not responded to Source’s request for comment as of press time.
The state’s Risk Management Division recently reported a $3.9 million shortfall in its settlement fund, with child welfare cases playing a heavy role. In 2024, CYFD settled for $18 million across 12 settlements, according to a Source NM review of the settlement data available on the state’s portal. The settlements ended lawsuits alleging the department’s responsibility for the deaths or severe injuries of children in state custody, from years ago.
In a written statement on Wednesday, Gov. Michelle Lujan Grisham said she is grateful that the co-neutrals took the “extraordinary step” of sharing their concerns about the legislation.
“These neutral monitors, who oversee child welfare reforms across multiple states, rarely comment on legislation,” she said. “Their intervention highlights the serious risks this proposal poses to our reform efforts. The letter also points to successful transformations in New Jersey, DC, and Oklahoma – all achieved through direct executive accountability. I thank them for sharing their expertise and weighing in on this legislation.”
Meltzer and Ryan said in other states where they’ve both worked, part of what led to better outcomes was creating child welfare departments as cabinet-level agencies reporting directly to governors.
“In states where we have witnessed reform take root, the Governors’ direct oversight and support played a significant role in prioritizing child welfare reform within government, eliminating barriers and advancing accountability,” they wrote.
The House Government, Elections and Indian Affairs Committee voted 4-3 in favor of HJR 5 on Feb. 10. The House Health and Human Services Committee is scheduled to hear the joint resolution Friday.
