AG Torrez announces investigation into teen's suicide at CYFD group home

The suicide of a teen at a state group home in Albuquerque has convinced state Attorney General Raúl Torrez to launch an investigation into the circumstances of what happened and how to prevent other troubled youths from harm.

"It's a tragedy but also a moral failing," Torrez said during a news conference Tuesday in Albuquerque. "The state of New Mexico failed to protect this child and has failed to honor its legal and moral obligations ... and simply put, enough is enough."

Torrez announced that his New Mexico Department of Justice will conduct a "comprehensive and wide-ranging investigation of children" who have been removed from their homes and placed by the state Children, Youth and Families Department to live temporarily in congregate group home settings or CYFD offices. CYFD has defended the practice as necessary because of a lack of foster homes in the state.

"I think we have all grown tired of waking up and hearing about another child who’s been injured, another child who’s been hurt, another child in state custody who’s been killed," Torrez said, calling 16-year-old Jaydun Garcia's death "a turning point in how we're going to address the failures at CYFD."

The governor, through spokesman Michael Coleman, released a statement in response to Journal questions posed to CYFD.

"As the state’s attorney, Mr. Torrez has authority to investigate CYFD or any other state agency, and the governor’s administration always cooperates and shares any information requested. CYFD’s own investigation into the tragic suicide of a teenage boy is already well underway, and the agency will share its findings with the Department of Justice."

"All public officials with jurisdiction over CYFD should commit to ensuring that oversight is conducted with the utmost integrity, without prejudgment or political motivation. The governor remains committed to meaningful reforms that address the systemic challenges facing our child welfare system."

CYFD officials have said little about the April 12 death of Garcia, who was living at a CYFD facility in Albuquerque that serves as a foster care center for males ages 12 to 17. CYFD contracted last year with the nonprofit AMIkids, based in Florida, to staff and run the residence for up to 12 youths. The home has been open less than a year, and a group home for at-risk girls in that age group opened last December.

Torrez said there's been little information about the circumstances of Garcia's death, other than the department's response that "we can't give out any information other than saying a death occurred."

"Most people expect their government to be forthright. But we don't have the basic information from the government. So we are left with no definitive answers about what happened, or what steps have been taken to correct the deficiencies," Torrez said.

A website advertisement on Tuesday for positions at the AMIkids center off Pan American showed at least 10 staff vacancies, including the executive director, a master-level counselor, case managers and youth care specialists. A spokeswoman for the nonprofit couldn't immediately be reached for comment Tuesday.

But the group foster home was fully staffed when Garcia killed himself, said a spokeswoman for AMIKids in an email to the Journal on Tuesday. Three staff members were on duty at the time.

Torrez said the public has a right to know what is happening in group homes, which have been discouraged by the federal government. At CYFD offices, there have been reports of sexual assaults by youths in offices and abuse by armed guards.

"So we are left with no definitive answers about what happened or what steps have been taken to correct the deficiencies," Torrez said. He pledged Tuesday that the results of his agency's investigation would be made public.

Acknowledging the limitations of confidentiality protections for abused and neglected children in state law, Torrez said, "There's got to be a way to protect their privacy interests without shielding the adults."

He wants to get answers about Garcia's "entire history" and other issues as the investigation proceeds.

"There are other siblings," Torrez said. "I'd like to know where they are and how they are being protected. What assurance is there in the system that this isn't being repeated?"

He also wouldn't rule out the possibility of conducting a criminal inquiry as the investigation proceeds. He said he plans to use all the "tools of litigation" available to his agency.

Torrez said he had waited until now to launch an investigation to give the embattled child welfare agency under Gov. Michelle Lujan Grisham time to improve its operations and reduce caseloads and recruit foster parents.

"These are problems that preceded her administration," Torrez said. CYFD's website shows 2,121 children are in state custody, while there are 1,059 licensed foster homes.

Torrez plans to present the comprehensive review to the newly created independent Office of the Child Advocate, a measure approved during the recent legislative session to ensure transparency and accountability. The advocate's office will work from the AG's office.

Coleman from the Governor's Office told the Journal on Tuesday that Lujan Grisham just last month signed the bill into law.

"She also authorized $650,000 to establish the office in its first year," he said. "However, as she stated in her March 21 executive message, the governor is concerned that this new office could be weaponized to intimidate CYFD and its staff rather than to prioritize the safety and well-being of children in the state’s care. She reiterates this concern following the AG’s unfounded, blanket criticisms of CYFD at a news conference today."