Governor, top Democrats at odds over CYFD changes as session enters final weeks

SANTA FE — As the 60-day legislative session enters its final stanza, Gov. Michelle Lujan Grisham and top Democratic lawmakers are at odds over proposals to reshape New Mexico’s troubled child welfare agency.

During a news conference last week, the governor said she expects lawmakers to approve bills dealing with the Children, Youth and Families Department before the session ends March 22.

“I have no doubt that Children, Youth and Families Department reforms get upstairs,” she said. “I’m not worried about nothing happening there.”

But Lujan Grisham said there is a “vast” amount of disagreement over what changes to CYFD should look like.

A few days later, a House committee advanced several proposals to increase outside oversight of CYFD over opposition from Lujan Grisham administration Cabinet secretaries.

During that hearing, former Sen. Gerald Ortiz y Pino, a retired social worker, said the change is needed due to regular CYFD leadership changes and related recruitment challenges.

“They’re swimming upstream against a very bad image the department has created,” said Ortiz y Pino, who added he does not believe the Lujan Grisham administration is responsible for the issue.

“They are working incredibly hard to try to rectify a ship that’s been sinking for 20 years,” he added.

House Speaker Javier Martínez, D-Albuquerque, has supported the push for changes to the CYFD structure, as he and other lawmakers have expressed frustration with elevated staff turnover and increased child maltreatment rates.

During last week’s news conference, he said Democratic legislators are not willing to “rubber stamp” the governor’s agenda.

“This is democracy at work,” Martínez said, drawing a contrast between New Mexico Democrats and congressional Republicans under President Donald Trump.

“This Legislature and this governor, we’re committed to problem-solving,” he added. “Even when we disagree on the bills, we have the same goal in mind.”

But top CYFD officials pushed back strongly against some of the legislative proposals.

The agency even sent emails to foster families asking them to contact legislators to express their opposition to one of those proposals — a constitutional amendment creating a new CYFD commission to help run the department.

A CYFD spokesman said Monday the agency believes it is important to keep such families updated and to “inform them of how to communicate with their elected official.”

Funding levels part of political skirmish

In addition to disagreement over bills, funding for CYFD has also emerged as a political flashpoint.

Over the last several weeks, the governor and CYFD Secretary Teresa Casados have repeatedly called on lawmakers to increase proposed funding levels for CYFD.

Specifically, the governor claimed a failure to do so could lead to state leaders being held in contempt of an ongoing court-approved settlement agreement.

“Without adequate funding, we face the very real possibility of reducing services and facing costly penalties for non-compliance with court-mandated improvements,” Casados said.

A $10.8 billion budget plan approved by the House this month would appropriate roughly $262.8 million for the agency for the coming budget year — an increase of less than 1% over current levels.

But Rep. Meredith Dixon, D-Albuquerque, the vice chairwoman of the House Appropriations and Finance Committee, said additional one-time funding could be available to the department if it meets certain goals.

That includes money to hire 100 new CYFD caseworkers over the next three years, she said.

She described the funding approach as a shift of sorts, after increased spending on CYFD in recent years did not significantly fix staff retention levels.

“Over the past several years, CYFD has not been able to spend the funding we have appropriated to them,” Dixon said in a Monday interview.

“Let’s make sure that it’s working, and then we can phase it into the recurring budget,” she added.

Wide range of legislative proposals

In all, roughly 30 bills have been filed dealing with CYFD and New Mexico foster families during this year’s session.

None of those bills have passed as of yet, but some could face pivotal floor votes in the coming days.

Some of the oversight proposals have bipartisan backing, including proposals to create a new child advocacy office within the state Department of Justice and to establish a committee to vet applications for the CYFD secretary position.

Meanwhile, this year’s rumble over child welfare issues comes with Lujan Grisham having recently entered her final two years as New Mexico’s governor.

The Democrat, who is barred by term limits from seeking reelection in 2026, also opposed efforts to increase outside oversight of the agency in past years, instead ordering the creation of a new advisory council and office of innovation within CYFD.

But lawmakers appear more willing to move forward with structural changes this year.

House Minority Whip Alan Martinez, R-Bernalillo, said during Saturday’s hearing of the House Judiciary Committee he was troubled by other Lujan Grisham cabinet officials showing up to oppose CYFD oversight proposals.

“It’s like a circling of the wagons — let’s all protect the status quo,” Martinez said.

He ultimately voted against the legislation, however, saying it could create more layers of government bureaucracy.