EDITORIAL: Governor's plan is an important step toward child safety

Again and again the same scene plays across our state: A child dies in the custody of a guardian. The investigation reveals the child was living in an unsafe home with a drug-addicted caregiver. The community’s fatigued outrage is directed at the Children, Youth and Families Department. But Gov. Michelle Lujan Grisham recently unveiled a bold directive to make a difference.

In recent weeks, the state started using a new protocol that requires CYFD to assume temporary custody of newborns exposed to fentanyl or methamphetamine or born with fetal alcohol disorder. It also mandates guardians seek treatment for their addiction. The updated process shows a concerted effort by the government to prevent tragic, avoidable deaths, address systemic failures and maintain compassion for parents and families suffering from addiction. It’s a safety net and system of care for families from all points of view and the right move by the governor.

The move isn’t without controversy. There is ample evidence in decades of rigorous peer-reviewed research that mom/baby dyad separation is more harmful than the drug use itself. And there is no evidence or research yet proving that removing a child from its parents is an effective inducement to get off drugs. Addiction is a disease, after all, not a choice. But Lujan Grisham is aware of the opposition, and still believes we’ve reached a tipping point.

“I can’t tell you that every hospital and every pediatrician and every nurse in the (neonatal intensive care unit) thinks this is the best idea,” she said. “But it’s the only way to disrupt a system that has created the loss of life for an innocent child. So they will cooperate.”

Critics may argue that removing newborns from their parents immediately after birth is extreme. But the policy won’t immediately terminate parental rights, it will allow the state to take temporary custody of a child and mandate that the parents seek treatment. Now, lawmakers need to back her up and fully fund the much-needed staff to handle these workloads and make the program a success.

The previous version of the protocol offered services to families but didn’t mandate parents attend treatment programs or use the resources available through the state. This was a systemic flaw that risked the safety of children, particularly newborns. The changes add a layer of protection by involving experts in the initial safety evaluation. After the state takes temporary custody of a newborn, CYFD, Department of Health and law enforcement personnel will visit the home to complete a safety evaluation. There will be a corresponding family court case for all children born with exposure to drugs or alcohol. That brings medical expertise into the initial assessment and prioritizes child well-being.

“These families resist treatment and support because they are sick,” Lujan Grisham said in a discussion about the new policy with four cabinet secretaries and Journal Editorial Board. The governor recognizes addiction is a disease that impairs a guardian’s ability to care for a newborn child. She’s taking on more of that immediate responsibility by directing her staff and Cabinet directors to take a hands-on role in these cases.

Active involvement by the Cabinet secretaries is necessary right now because of the urgent need to protect newborns. Infants are dying in our state after continued exposure to unsafe homes. A 4-month-old boy, born with illegal drugs in his system, was released under a CYFD plan with caregivers who continued to use drugs and the child was found dead shortly after in June. That wasn’t an isolated incident and underscores the status quo.

We have too many examples to see that CYFD can’t solve the problem on its own. The Health Care Authority and the Public Education Department also play a role in the new model.

“The only way to break (the cycle) is by bringing in other people, other companies, other entities, other departments. I think that’s going to alleviate some of the tension, frankly, and lighten the load, because now these priority cases can be shifted,” Lujan Grisham said. “It’s not just CYFD who’s responsible.”

By spreading the responsibility to other agencies and hiring an outside firm to help overhaul CYFD, the state is taking accountability and understands more must be done to protect infants and kids. The governor is aware she’s adding more work to other state agencies.

“We’re robbing Peter to pay Paul,” Lujan Grisham acknowledged.

Enough is enough. The necessary work to make this protocol successful is worth it if it means more infants and kids will not needlessly die. Now it’s time for the Legislature to show their support for families suffering from addiction and fully fund this initiative.

So far, there appears to be some buy-in. Lawmakers this year passed a law that requires many of these overhauls to go into place next year. Lujan Grisham decided to roll out the requirements early and implement them this year instead of waiting for more families to fall through the cracks of the current flawed system.

Hospital staff and family court judges should also be on board with the governor’s protocol and step into these critical responsibilities. In recent weeks, the state identified 149 high-risk births this year and applied the new measures retroactively. Those assessments resulted in the removal of the child in 10 cases. That shows the scope of the problem and the need to act swiftly and effectively.

It’s also important to remember as the new protocols role out that drug abuse isn’t a “mom” problem. If the father is still in the family, or if the mother has a new partner, he must also be involved in any treatment or safety plan that keeps the family together.

The two-term governor, who is barred from running for another term, is trying to wrap up her tenure with big ideas. She’s used the National Guard to help cities battle high crime rates, she’s mulling big changes to State Fairgrounds and throwing a curveball to a beleaguered child protective services system. We can’t afford to wait for solutions from the next administration.

This approach strikes the right balance and is worthy of support. It’s not a magic bullet, but a step in the right direction. More must be done to solve the root of the problem: drug addiction. But this protocol shows our leaders’ consideration for safety and compassion by balancing social support systems and child well-being. It’s a bold move, and one that we support. And it’s worth rolling out now, before we report on the next tragedy.