Bill to move care of substance-exposed babies away from CYFD advances

SANTA FE — The state Children, Youth and Families Department wants the New Mexico Department of Health to take the lead on treating newborns exposed to substances like drugs or alcohol and offering support to parents.

CYFD has taken the limelight in the 2025 Legislature, similar to years past, as the agency continues to struggle with workforce retention and effective operations. Policymakers seem to agree the agency needs an overhaul, though opinions on how to go about that vary.

One piece of proposed reform is changes to the implementation of New Mexico’s Comprehensive Addiction and Recovery Act, or CARA, program. Senate Bill 42, with a slew of changes to CARA, unanimously passed the Senate Judiciary Committee on Monday evening and awaits a floor hearing.

New Mexico has more children born exposed to toxic substances than the national average, according to legislative analysts. But since the CARA program’s implementation in 2019, 22 infants have died under safe care plans to address infant substance abuse, said House Minority Leader Gail Armstrong, R-Magdalena.

This legislation would move the primary authority over CARA from CYFD to the Department of Health, while other bills would have the state’s Health Care Authority take over.

Armstrong said she doesn’t care which agency handles the operations as long as it’s not CYFD.

“We want to move it out from underneath CYFD. ... CYFD is a scary place,” she told the Journal.

The bill also would make safe care plans mandatory for families with substance-exposed babies. A health care professional would create the treatment plan to ensure “the immediate and ongoing safety and well-being” of an exposed newborn or a pregnant person with substance use disorder.

It also adds prenatal screening, intervention and treatment referrals.

Care coordinators, from private or public practices or the HCA, would connect with parents or caregivers of an exposed child to services and follow up by phone, mail and in person with anyone not responding, according to the bill. If caregivers aren’t willing to participate, CYFD would investigate.

“Moving this to the Department of Health and making this an issue of public health concern and safety really makes sense, to be able to get in there and get in there early,” CYFD Secretary Teresa Casados said in committee last week.

Senate Majority Whip Michael Padilla, D-Albuquerque, earlier this week in committee said he and his bill co-sponsors did a lot of work on the legislation after the Senate Judiciary heard it the week prior and sought language cleanup.

“Ultimately, with CARA, what we want is plain, direct rules to make sure everyone knows their job, that the hospitals or birthing centers are highly trained to recognize what needs to happen,” Armstrong, who is also a sponsor on the bill, told the Journal.

“New Mexico is demanding change,” she added.

House Bill 343 — an initial duplicate of SB42 that still has similar language and goals — is waiting on the House floor calendar.