Teen drugged, sexually assaulted by Uber driver after leaving CYFD group home, lawsuit alleges

A 14-year-old girl drugged and sexually assaulted after running away from a state-funded group home last January had to sit outside in the cold as punishment when she returned, according to a new federal lawsuit filed this month in U.S. District Court in New Mexico.

Since the state Children, Youth and Families Department opened Hope House in central Albuquerque in December 2024, two other girls also "have been abducted and sexually assaulted," according to the lawsuit filed on behalf of the girl, identified only as B.R.

A CYFD spokesman told the Journal the agency couldn't comment on the allegations in the lawsuit, or whether any sexual assaults of residents have occurred over the past year.

The group home was created as a temporary alternative to housing abused or neglected youth at CYFD offices while suitable foster homes can be found for them. 

Gov. Michelle Lujan Grisham recently imposed a ban on children and adolescents staying overnight at CYFD offices effective March 1. Her order said more suitable housing would be found for the 15 or so youths living there.

While critics, and the federal government, have discouraged placements at group homes or congregate care, CYFD opened a home for boys 12 to 17 in Albuquerque in mid-2024 to try to keep from housing youth in offices.

In late 2024, CYFD hired Youth Development Inc. to operate the Hope House for girls at a cost of $1.5 million.

The civil rights lawsuit names CYFD, Youth Development Inc. and unidentified Hope House employees as defendants. The lawsuit seeks punitive, general and special damages, attorneys' fees and "further relief as the Court may deem just and proper."

Robert L. Chavez, chief executive officer for Youth Development Inc., told the Journal on Wednesday, “We are aware of the allegations involving a minor formerly placed at HOPE House. Because the matter involves a child and is now part of active litigation, we are unable to comment at this time.”

"This case concerns another horrific incident caused by the incompetence and downright malevolence of CYFD — this time enabled by the negligence of a non-profit called YDI," stated the lawsuit filed by attorneys Benjamin Gubernick and Curtis Waldo.

The lawsuit contends that B.R. had been in CYFD custody for "some time" and lived at a treatment center in Texas before being placed at the Hope House. 

"She was in a treatment center," the lawsuit states, "and not a group home because Texas' caretakers thought it therapeutically inappropriate for B.R. to be in a group home."

Once at Hope House, she had personal conflicts with other residents, and the lawsuit contends YDI and CYFD failed to provide sufficient services or supervision to help her.

The lawsuit contends that due to "stressful conditions" at the house, she left on Jan. 29, 2025, and "started wandering around." The lawsuit alleges that though she was gone for several hours, staff at the home allegedly "failed to contact law enforcement or make any other effort to locate her."

"On information and belief, the inadequate staffing and a lackadaisical attitude toward safety by the Hope House (employees) created a situation where Hope House residents could run away at any time," the lawsuit states.

A separate, related lawsuit has been filed in state district court in Albuquerque against Hinter-NM LLC, whose parent company is Uber Technologies. 

That lawsuit alleges an Uber driver named "Andrew" or "Andre" picked up B.R. outside the YDI home and told her he would protect her by getting her off the street and taking her to a hotel.

Once in the hotel, the driver gave her some type of date rape drug, brandished a gun and had sex with her against her will, the lawsuit alleges. She started bleeding and was very dazed and groggy, prompting the driver to take her back to Hope House at about 2 a.m. the next day, the lawsuit states.

Once there, B.R. tried to get inside because she was cold, bleeding and still in a daze, but a staff member prevented her from entering, "telling her she had to stay outside as punishment for running away," the lawsuit alleges.

She was given a small blanket and the staff member called a CYFD caseworker. She was outside for about 40 minutes, until the caseworker arrived and took B.R. to a hospital. 

The hospital contacted law enforcement, but CYFD failed to adequately follow up with law enforcement to identify and apprehend the Uber driver, the lawsuit alleges.

The lawsuit faults Hope House staff with failing to ensure that B.R. could not walk away "on to the dangerous streets of Albuquerque where there was a high probability she would be preyed upon."

A representative for Hinter-NM couldn't be reached on Tuesday.