Lawmakers advance CYFD oversight bill, defying warnings from governor's administration

SANTA FE — New Mexico lawmakers are forging ahead with a bill establishing outside oversight of the state’s troubled child welfare agency, despite opposition from the agency’s secretary.

The bipartisan push during the final days of this year’s 60-day legislative session could set the stage for a rare veto override attempt, though Gov. Michelle Lujan Grisham did not definitively say Thursday whether she would use her veto pen to strike down the legislation.

“We’ll have to make those decisions when it gets to my desk,” she told the Journal.

The bill, House Bill 5, would create a new Office of the Child Advocate to investigate child welfare complaints involving the Children, Youth and Families Department. The office would be administratively attached to Attorney General Raúl Torrez’s office.

The legislation passed the House last week on a 64-0 vote and is now heading to the Senate floor after passing the Senate Judiciary Committee late Wednesday without a single no vote.

During that hearing, Sen. Joseph Cervantes, D-Las Cruces, acknowledged he blocked similar legislation from advancing during previous sessions at the urging of a prior CYFD secretary.

“For the last several years, I’ve tried to resist this kind of initiative and I’ve come to the end of my rope,” said Cervantes, who serves as chair of the influential committee.

He also directed blunt remarks to CYFD Secretary Teresa Casados, saying, “I’ve been hoping for a change, and it hasn’t happened.”

“You’re failing, and I can’t put it nicely,” Cervantes added.

Earlier in the hearing, Casados urged senators not to approve the bill, saying it would be punitive and could negatively impact morale for CYFD workers.

“I think it’s scary for employees that are doing the work every day,” said Casados, who said there are better options for increasing oversight of the agency.

Instead, she implored legislators to advance a separate bill, Senate Bill 363, that is similar but would create a nine-member child protection authority. That body would be attached to the Regulation and Licensing Department, which is run by a Lujan Grisham appointee.

Several other CYFD-related bills are also pending at the state Capitol, including a measure moving the state-level control of a program dealing with newborns born with substance exposure, like drugs or alcohol, away from CYFD. The Senate approved that bill on a 38-0 vote on Thursday.

A turbulent recent history

New Mexico’s child welfare agency has struggled to reverse chronic staff shortages and the state’s rate of repeat child maltreatment increased last year to 15%.

The number of children in state care also increased last year, despite a 2020 settlement agreement that established new targets such as not placing any children in state offices or hotels.

Casados has led CYFD since May 2023 and is the agency’s third Cabinet secretary since Lujan Grisham was elected in 2018.

In the run-up to this year’s session, lawmakers expressed increasing frustration about the direction of the agency after a string of recent child abuse cases.

After oversight bills stalled in recent sessions, House Speaker Javier Martínez, D-Albuquerque, has joined top House Republicans this year in calling for change at CYFD.

Martínez personally testified during Wednesday’s committee hearing, alongside the bill’s co-sponsor, Rep. Michelle Abeyta, D-To’hajiilee.

“I’m not a child well-being expert,” Martínez told senators. “But as speaker of the House, I’ve heard from my chamber.”

Possible veto override vote

While the outside oversight bill still faces several legislative hurdles at the Roundhouse, it’s expected to be approved in the coming days by lawmakers.

That would leave it in the hands of Lujan Grisham, as the governor would have to act on the bill before the session ends, as long as it arrives at her desk before midday Wednesday. The session ends March 22 at noon, per the state Constitution.

If she were to veto the bill, lawmakers could seek to override her veto before adjourning.

The Democratic-controlled Legislature has not voted to override any of Lujan Grisham’s vetoes since the governor took office in 2019.

The last time a New Mexico legislative chamber voted to override a governor’s veto was in 2017, when the Senate voted to override then-Gov. Susana Martinez’s veto of a teacher sick leave bill. But a House vote to confirm the override failed to reach the required two-thirds majority.

Lujan Grisham on Thursday questioned legislators’ inaction on issues like school absenteeism and juvenile crime during this year’s session.

“I do expect them in the time they have left to be a bit more balanced,” she said.

“It seems to me like it’s less about really solving issues and more about creating opportunities for other folks who may or may not want to sort of pound their chests,” the governor added.

However, Lujan Grisham also shouldered some ownership for CYFD-related issues, saying, “I get that we need to do more. We will.”