New Mexico State Custody / Child Welfare Accountability Scan
New Mexico State Custody / Child Welfare Accountability Scan
NEW MEXICO STATE CUSTODY / CHILD WELFARE ACCOUNTABILITY SCAN
Investigation ID: NM-CWAS-2026-01-18
Classification: CONFIDENTIAL - LAW ENFORCEMENT SENSITIVE
Scope: New Mexico CYFD Statewide | 2019-2024 | 7 Accountability Indicators
EXECUTIVE SUMMARY
New Mexico's Children, Youth and Families Department (CYFD) is in a documented "state of chaos" according to independent monitors. The state ranks 50th nationally for overall child well-being (2023 Kids Count). This investigation applies 7 accountability indicators to assess systemic failures across missing children tracking, placement safety, licensing, federal funding control, and oversight.
CRITICAL FINDINGS:
- Kevin S. settlement compliance dropped from 12% (2022) to 5% (2023) - then failed arbitration
- 709 children placed in CYFD offices in 2024 (double 2023's 322)
- Child fatalities: 11→13→10→19→16 (2019-2023) with 14% repeat maltreatment
- 5 Cabinet Secretaries in 6 years; 26% vacancy rate, 32% turnover in Protective Services
- $7.06M in misaligned spending identified by State Auditor
- Only 23% of caseworkers have compliant caseloads
- Out-of-state placements increased from 19 (2023) to 33 (2024)
- Teen suicide at AMIkids facility (2025) sparked AG investigation
A) STATEWIDE METRICS TABLE (2019-2024)
| Metric | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 |
|---|---|---|---|---|---|---|
| Child Population | 477,209 | 476,634 | 468,006 | 460,068 | 451,347 | ~448,000* |
| Custody Population | ~2,100 | ~2,000 | ~1,950 | ~2,000 | 1,988-2,052 | ~1,996 |
| Child Victims (rate/1,000) | 16.8 | 14.8 | 12.7 | 12.6 | 12.6 | NULL |
| Screened-In Referrals (rate/1,000) | 45.5 | 46.4 | 40.3 | 45.1 | 42.4 | NULL |
| Total Referrals | ~41,200 | ~41,600 | ~38,200 | ~39,800 | 37,716 | NULL |
| Child Fatalities (abuse/neglect) | 11 | 13 | 10 | 19 | 16 | NULL |
| Perpetrators Identified | 6,702 | 5,852 | 4,848 | 4,668 | 4,726 | NULL |
| CPS Response Time (hrs) | 89 | 73 | 55 | 50 | 53 | NULL |
| Repeat Maltreatment Rate | ~14% | ~14% | ~14% | 14% | 14% | NULL |
| Office Placements | ~100 | ~150 | ~200 | ~82 | 199→322 | 709 |
| Out-of-State Placements | LOW | LOW | LOW | ~15 | 19 | 33 |
| Kevin S Compliance % | N/A | 0% | 11/49* | ~12% | ~5% | FAILED |
| PS Vacancy Rate | ~15% | ~20% | ~25% | ~25% | ~28% | 26% |
| PS Turnover Rate | ~25% | ~30% | ~35% | ~32% | ~34% | 32% |
| Compliant Caseloads % | ~50% | ~45% | ~40% | ~35% | <50% | 23% |
*Estimated or interpolated values marked with ~
NULL = Data not publicly available or not yet reported
MISSINGNESS ASSESSMENT
| Data Category | Availability | Missing Records Needed |
|---|---|---|
| AWOL/Missing from custody | PARTIAL | Detailed AWOL logs by county/facility |
| Deaths in custody | PARTIAL | Full annual breakdown by cause/placement type |
| Facility incident reports | LOW | Aggregate incident data by facility |
| Licensing violations | LOW | CAP history by provider |
| Out-of-state placement outcomes | LOW | Tracking data for 186+ children |
| Tribal/ICWA compliance | LOW | ICWA-specific metrics |
B) FACILITY RISK TABLE - TOP 25 ENTITIES
HIGH-RISK FACILITIES/PROVIDERS
| Rank | Facility/Provider | Type | Risk Indicators | CAP Count | LCS Flag | Notes |
|---|---|---|---|---|---|---|
| 1 | AMIkids Albuquerque | Congregate Care | Teen suicide (2025), 2 CAPs in 12 months | 2 | YES | AG investigation active |
| 2 | CYFD Central Office Complex | Emergency/Office | 709 office placements (2024), no proper beds | N/A | YES | Kevin S violation |
| 3 | CYFD Receiving Center | Emergency | Children sleeping on floors, no showers/food | N/A | YES | Lice/bedbug infestation |
| 4 | Out-of-State RTCs (Aggregate) | Residential Treatment | 33 new placements (2024), 57 congregate in 2025 | N/A | YES | Limited oversight |
| 5 | Unspecified Youth Homeless Shelters | Emergency | Routine use for foster teens | NULL | YES | Kevin S violation |
| 6 | Acadia Healthcare Placements | Foster Care Network | $485M verdict (2024) - sex abuse | 1+ | YES | Gross negligence finding |
| 7 | Texico/Curry County Foster Homes | Licensed Foster | Chaining, starvation case (2023) | NULL | YES | Criminal convictions |
| 8 | Las Cruces Group Home (Planned) | Congregate Care | Opened after teen suicide | NEW | MONITOR | Scrutiny warranted |
| 9 | Albuquerque Christian Children's Home | Residential | $5.7M revenue - data needed | NULL | VERIFY | Largest NM child welfare nonprofit |
| 10 | El Ranchito de los Ninos | Residential | $1.5M revenue - data needed | NULL | VERIFY | Los Lunas facility |
PROVIDERS WITH INSUFFICIENT PUBLIC DATA
| Rank | Entity Name | Type | Revenue | Risk Indicator |
|---|---|---|---|---|
| 11 | Red Mountain Family Services | Foster Services | $3.7M | Incident data needed |
| 12 | La Plazita | Youth Services | $1.6M | Incident data needed |
| 13 | New Mexico Youth Providers Alliance | Network | $1.8M | Member facility data needed |
| 14 | Kinder Quest | Child Development | $5.3M | Licensing history needed |
| 15 | Parkside Child Development | Child Development | $3.8M | Licensing history needed |
| 16-25 | MULTIPLE UNIDENTIFIED | Various | NULL | FOIA REQUIRED |
STATEWIDE PROVIDER GAPS
| Category | Known Issue | Impact |
|---|---|---|
| Treatment Foster Care | Only 134 placements vs 319 target | 58% shortfall |
| Non-Relative Foster Homes | Only 212 licensed vs 265 target | 20% shortfall, net loss from 675→500 |
| Therapeutic Placements | Only 42% of goal achieved | 58% shortfall |
| Dedicated Recruiters | Not assigned to 6 high-need counties | Arbitrator ordered fix by Feb 2025 |
C) FUNDING / GOVERNANCE TABLE
FEDERAL FUNDING SUMMARY
| Program | Amount | Period | Status | GCFS Flag |
|---|---|---|---|---|
| Title IV-E (Foster Care) | Projected shortfall | FY24 | Revenue below budget | ⚠️ YES |
| Title IV-E (FFPSA Prevention) | $0 drawn | 2022-2024 | Plan NOT approved | 🔴 YES |
| Title IV-E Training | $2M projected | FY24 | Active | NO |
| TAGGS - NM Human Services | $40.1M total | Multi-year | Active | VERIFY |
| $20M Behavioral Health Approp. | $7.06M misaligned | FY24-25 | Audit flagged | 🔴 YES |
| $3M Workforce Plan | Largely unspent | FY24 | Hiring freeze violated intent | 🔴 YES |
| CFSR/PIP (Federal Review) | Penalty TBD | 2024+ | Non-compliant, 2-year window | ⚠️ YES |
STATE AUDITOR FINDINGS (2024)
| Finding | Amount | Issue |
|---|---|---|
| Misaligned shelter services | $3.81M | Outside legislative intent |
| Family resource center spending | $1.17M | Outside legislative intent |
| Behavioral health (no Medicaid billing) | $2.08M | Outside legislative intent |
| Undocumented spending | $922,670 | Missing documentation |
| TOTAL FLAGGED | $7.06M | Requires explanation |
KEVIN S. SETTLEMENT COMPLIANCE
| Year | Compliance Rate | Key Failures |
|---|---|---|
| 2020 | 0% (baseline) | Settlement signed |
| 2021 | 11/49 targets met | Initial implementation |
| 2022 | ~12% | Marginal progress |
| 2023 | ~5% | Significant backslide |
| 2024 | FAILED arbitration | CAP violations, irreparable harm finding |
ARBITRATOR REMEDIAL ORDERS (2024-2025)
| Requirement | Deadline | Current Status |
|---|---|---|
| 265 non-relative foster homes | Dec 31, 2025 | Behind target |
| 244 treatment foster placements | Dec 31, 2025 | Behind target |
| 100% wellness checks within 30 days | Dec 31, 2025 | Behind target |
| Dedicated recruiters to 6 counties | Feb 17, 2025 | Ordered |
| Additional PS staff funding | Legislative request | Pending |
D) OVERSIGHT TIMELINE
1980 ─────┬──── Class action lawsuit filed (placement shortage)
│
1980-2005 ├──── Federal consent decree in effect
│
2005 ─────┼──── Consent decree lifted (compliance achieved)
│ "We had reduced our caseloads, had enough professionals"
│
2005-2018 ├──── GAINS ERODED - staffing and placement issues return
│
Sep 2018 ─┼──── Kevin S. lawsuit filed (14 children + 2 orgs)
│
Mar 2020 ─┼──── Kevin S. settlement agreement signed
│ 49 target outcomes over 3 years
│
2021 ─────┼──── 11/49 targets met; string of violent child deaths
│ Gov Lujan Grisham appoints Justice Barbara Vigil
│ Independent review commissioned
│
2022 ─────┼──── ~12% compliance; Searchlight investigation: kids in offices
│ Office placements: 82
│
May 2023 ─┼──── Barbara Vigil resigns; Teresa Casados appointed interim
│ Hiring freeze implemented despite $3M workforce allocation
│
Jun 2023 ─┼──── Corrective Action Plan (CAP) created
│
Sep 2023 ─┼──── "State of chaos" assessment from monitors
│ Foster care peaks at 2,052 youth
│
2023 ─────┼──── ~5% compliance; Office placements: 199→322
│ Out-of-state: 19 placements
│
Jan 2024 ─┼──── Teresa Casados confirmed as Secretary (32-8 vote)
│ CAP expired
│
Jun 2024 ─┼──── AMIkids facility opened for foster overflow
│
2024 ─────┼──── Kevin S arbitration initiated
│ Office placements: 709 (double 2023)
│ Out-of-state: 33 new placements
│ State Auditor flags $7.06M misalignment
│
Dec 2024 ─┼──── Arbitrator Pfeiffer: "children subject to irreparable harm"
│ CYFD found in violation of CAP
│
Apr 2025 ─┼──── Jaydun Garcia (16) suicide at AMIkids facility
│ AG Torrez launches investigation
│
Sep 2025 ─┼──── Teresa Casados resigns (5th secretary in 6 years)
│ Valerie Sandoval named acting secretary
│
2025-2026 ├──── Remedial orders in effect; new deadlines pending
│
PRESENT ──┴──── INVESTIGATION IN PROGRESS
TOP 25 ACCOUNTABILITY RISK CLUSTERS
SCORING METHODOLOGY
| Indicator | Code | Weight | Definition |
|---|---|---|---|
| Missing Children Accountability | MICR | 20 | AWOL/missing tracking, NCMEC compliance failures |
| Classification Shield (Runaway) | CSI | 15 | Use of "runaway" label without recovery outcomes |
| Facility Safety Failure | FHR | 20 | Serious incidents, deaths, abuse in placements |
| Licensing Contradiction | LCS | 15 | Licensing renewal despite serious CAPs |
| Federal Funds Control Failure | GCFS | 15 | Audit findings, unverifiable spending |
| Oversight Drop-Off | ODR | 10 | Post-consent decree degradation |
| Transparency Override | SUPP | 5 | Data missingness as escalation factor |
TOP 25 RISK CLUSTERS
| Rank | Cluster Name | Score | MICR | CSI | FHR | LCS | GCFS | ODR | SUPP | Confidence | Priority |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | CYFD Office Placements | 92 | 18 | 14 | 20 | 15 | 10 | 10 | 5 | HIGH | YES |
| 2 | AMIkids Albuquerque | 88 | 12 | 10 | 20 | 15 | 8 | 8 | 15* | HIGH | YES |
| 3 | Kevin S Settlement Failure | 85 | 15 | 12 | 18 | 10 | 15 | 10 | 5 | HIGH | YES |
| 4 | Protective Services Workforce | 82 | 16 | 14 | 15 | 8 | 14 | 10 | 5 | HIGH | YES |
| 5 | Out-of-State Placements | 78 | 18 | 15 | 15 | 10 | 8 | 8 | 4 | HIGH | YES |
| 6 | Acadia Healthcare Network | 76 | 10 | 8 | 20 | 15 | 8 | 10 | 5 | HIGH | YES |
| 7 | $7.06M Misaligned Spending | 74 | 5 | 5 | 10 | 8 | 15 | 10 | 21* | HIGH | YES |
| 8 | FFPSA Plan Rejection | 72 | 8 | 8 | 12 | 8 | 15 | 10 | 11 | HIGH | YES |
| 9 | Foster Home Net Loss | 70 | 14 | 12 | 12 | 12 | 8 | 8 | 4 | HIGH | YES |
| 10 | CFSR Non-Compliance | 68 | 10 | 10 | 12 | 8 | 15 | 8 | 5 | HIGH | YES |
| 11 | Missing from Custody Protocol | 66 | 20 | 15 | 8 | 5 | 5 | 8 | 5 | MED | YES |
| 12 | Repeat Maltreatment (14%) | 64 | 12 | 10 | 18 | 8 | 8 | 5 | 3 | HIGH | NO |
| 13 | Child Fatality Spike (2022) | 62 | 10 | 8 | 20 | 5 | 5 | 10 | 4 | HIGH | NO |
| 14 | Treatment Foster Shortfall | 60 | 12 | 10 | 12 | 10 | 8 | 5 | 3 | HIGH | NO |
| 15 | CYFD Receiving Center Conditions | 58 | 8 | 8 | 18 | 12 | 5 | 5 | 2 | MED | NO |
| 16 | Leadership Turnover (5 in 6 yrs) | 56 | 8 | 8 | 10 | 5 | 8 | 12 | 5 | HIGH | NO |
| 17 | ICWA Compliance Gaps | 54 | 12 | 10 | 8 | 8 | 8 | 5 | 3 | MED | NO |
| 18 | Bernalillo County PS | 52 | 14 | 12 | 10 | 8 | 5 | 3 | NULL | MED | NO |
| 19 | Santa Fe PS (No Permanency Workers) | 50 | 10 | 10 | 10 | 8 | 5 | 5 | 2 | MED | NO |
| 20 | High-Need Counties (6) | 48 | 10 | 8 | 10 | 8 | 8 | 4 | NULL | MED | NO |
| 21 | Youth Homeless Shelter Use | 46 | 12 | 12 | 10 | 5 | 5 | 2 | NULL | MED | NO |
| 22 | CARA Infant Deaths | 44 | 8 | 5 | 18 | 5 | 5 | 3 | NULL | MED | NO |
| 23 | Texico Abuse Case Network | 42 | 5 | 5 | 20 | 8 | 2 | 2 | NULL | MED | NO |
| 24 | Hotel Placements | 40 | 10 | 8 | 12 | 5 | 3 | 2 | NULL | LOW | NO |
| 25 | Child Fatality Review Lag | 38 | 8 | 5 | 10 | 5 | 5 | 3 | 2 | MED | NO |
*SUPP scores elevated due to significant data gaps
EVIDENCE BUNDLES FOR TOP 10 CLUSTERS
1. CYFD OFFICE PLACEMENTS (Score: 92)
What We Know:
- 709 children placed in CYFD offices in 2024 (vs 322 in 2023, 82 in 2022)
- Children sleeping on floors, no beds, no showers, inadequate food
- "Not being provided with basic safety, privacy, or even minimally nutritious food"
- Receiving center had lice and bedbug infestation; $13,000 cleaning cost
- Filthy visiting rooms where children play
- Direct Kevin S settlement violation
What Is Missing:
- Individual incident reports during office stays
- Average duration of office placements
- Outcomes for children after office stays
- County-by-county breakdown
What Would Falsify:
- Evidence that office placements provide adequate care
- Data showing short duration (<24 hours)
- Documentation of proper supervision and services
Required Records:
- CYFD office placement logs (daily, by location)
- Incident reports filed during office stays
- Staff supervision records
- Child welfare check documentation
2. AMIKIDS ALBUQUERQUE (Score: 88)
What We Know:
- Teen (Jaydun Garcia, 16) died by suicide in April 2025
- Staff "ignored calls for help" from other youth
- 2 Corrective Action Plans in 12 months of operation
- AG Raúl Torrez launched formal investigation
- "Clear inconsistency in understanding and implementation of policies"
- Facility opened June 2024 at former Albuquerque Girls Reintegration Center
What Is Missing:
- Full text of both CAPs
- Other incident reports
- Staffing levels and qualifications
- Number of children housed
- Outcomes for other residents
What Would Falsify:
- Evidence that CAPs were fully remediated
- Documentation that Garcia received appropriate care
- Proper supervision records
Required Records:
- AMIkids contract with CYFD
- Both Corrective Action Plans (full text)
- All incident reports since opening
- Staff training records
- AG investigation findings (when released)
3. KEVIN S SETTLEMENT FAILURE (Score: 85)
What We Know:
- Settlement signed March 2020 with 49 target outcomes
- Compliance dropped from ~12% (2022) to ~5% (2023)
- Arbitrator Pfeiffer found "children subject to irreparable harm"
- State implemented hiring freeze while under CAP
- Only 23% of caseworkers have compliant caseloads
- $12.2M deficit in Protective Services Division (FY24)
What Is Missing:
- Full breakdown of 49 targets and status
- Year-over-year compliance by target
- Individual field expert assessments
- Financial analysis of what full compliance would cost
What Would Falsify:
- Evidence of substantial improvement post-arbitration
- Data showing majority of targets now met
- Budget sufficient for compliance
Required Records:
- All 49 target outcomes with current status
- Co-Neutral annual reports (full text)
- Arbitrator Pfeiffer's complete findings
- CYFD budget vs. compliance cost analysis
4. PROTECTIVE SERVICES WORKFORCE (Score: 82)
What We Know:
- 26% vacancy rate, 32% turnover rate (Dec 2024)
- Only 23% of 364 caseworkers have compliant caseloads
- Supervisors managing up to 40 cases directly
- Workers sometimes go 24+ hours without sleep
- Santa Fe office has zero permanency planning workers
- $3M workforce appropriation largely unspent due to hiring freeze
- Need ~100 additional FTE to meet caseload standards
What Is Missing:
- Vacancy/turnover rates by office/county
- Average tenure of caseworkers
- Exit interview data
- Comparison to neighboring states
What Would Falsify:
- Evidence of recent hiring surge
- Data showing improved retention
- Caseload compliance above 50%
Required Records:
- FTE counts by office (2019-2024)
- Turnover data by position type
- Exit interview summaries
- Workforce plan implementation status
5. OUT-OF-STATE PLACEMENTS (Score: 78)
What We Know:
- 33 new out-of-state placements in 2024 (up from 19 in 2023)
- 186 children experienced 254 out-of-state placements in 2025
- 102 children currently staying out of state
- 57 placements in congregate care settings
- States include Wisconsin, Indiana, Idaho, Texas (historical)
- CYFD Secretary acknowledged "out of sight and at higher risk of abuse"
What Is Missing:
- Specific facilities and states
- Outcomes tracking
- Visitation frequency
- Cost per placement
- Abuse/incident rates in out-of-state facilities
What Would Falsify:
- Evidence of strong oversight protocols
- Data showing positive outcomes
- Regular visitation documentation
Required Records:
- List of all out-of-state facilities used
- Interstate Compact documentation
- Monitoring visit reports
- Outcome data for children placed out of state
6. ACADIA HEALTHCARE NETWORK (Score: 76)
What We Know:
- $485M verdict (Oct 2024) - largest child sex abuse verdict in US history
- $85M compensatory + $400M punitive damages
- Girl sexually assaulted by foster father placed by Acadia
- Jury found "gross negligence and systemic failures"
- Acadia had contract with state of New Mexico
What Is Missing:
- Number of NM children placed through Acadia
- Other incident reports
- Contract terms and oversight requirements
- Current contract status
What Would Falsify:
- Evidence this was isolated incident
- Strong oversight documentation
- Immediate contract termination
Required Records:
- Acadia Healthcare contract with NM
- All placements made through Acadia
- Incident reports involving Acadia placements
- Contract termination/modification records
7. $7.06M MISALIGNED SPENDING (Score: 74)
What We Know:
- State Auditor flagged $7.06M of $20M appropriation
- $3.81M on shelter services (outside intent)
- $1.17M on family resource centers (outside intent)
- $2.08M on behavioral health without Medicaid billing
- $922,670 with "no supporting documentation"
- Money intended for behavioral health expansion
What Is Missing:
- Vendor/provider recipients
- Detailed breakdown of $922K undocumented
- Legislative response
- CYFD explanation
What Would Falsify:
- Evidence funds were properly used
- Documentation supporting the $922K
- Legislative approval of spending changes
Required Records:
- Full State Auditor report
- Vendor payment records
- CYFD response to audit
- Legislative oversight hearing transcripts
8. FFPSA PLAN REJECTION (Score: 72)
What We Know:
- Plan submitted September 2022
- Not approved by federal government as of 2024
- Missing out on 75% federal match for prevention
- Evidence-based programs (Healthy Families America, Child First, SafeCare) unavailable
- Prevention spending remains <5% of protective services budget
- Plan resubmission pending
What Is Missing:
- Federal feedback on rejection
- Estimated lost revenue
- Resubmission timeline
- Comparison to approved state plans
What Would Falsify:
- Approved plan
- Alternative prevention funding source
- Evidence programs being implemented anyway
Required Records:
- Original FFPSA plan submission
- ACF rejection letter/feedback
- Revised plan (if submitted)
- Estimated federal revenue impact
9. FOSTER HOME NET LOSS (Score: 70)
What We Know:
- Non-relative foster homes dropped from 675 (Jan 2021) to 500 (Dec 2024)
- 2024: 212 licensed vs 265 target (20% shortfall)
- 2023: 168 licensed
- Treatment foster care: 134 placements vs 319 target (58% shortfall)
- Therapeutic placements: 42% of goal
- Dedicated recruiters not assigned to 6 high-need counties
What Is Missing:
- Reasons for home closures
- Geographic distribution of losses
- Kinship care vs. non-relative breakdown
- Recruiter-to-county ratio
What Would Falsify:
- Evidence of net gain in homes
- Successful recruitment in high-need areas
- Kinship care offsetting losses
Required Records:
- Foster home licensing records (2019-2024)
- Closure reasons by home
- Recruitment activities by county
- Kinship care statistics
10. CFSR NON-COMPLIANCE (Score: 68)
What We Know:
- Federal CFSR found multiple failures (2024)
- Not responding to maltreatment reports timely
- Not consistently making face-to-face contact
- Not ensuring children safe in homes
- Not following up on risk/safety services
- 2-year window to develop Program Improvement Plan
- Federal funding at risk if PIP not completed
What Is Missing:
- Full CFSR report
- Specific metrics failed
- Estimated funding at risk
- PIP development status
What Would Falsify:
- Strong performance on majority of items
- Approved PIP
- Evidence of rapid improvement
Required Records:
- Full CFSR report
- Item-by-item findings
- Federal correspondence
- PIP development documents
AUTO-GENERATED RECORDS REQUEST PACKETS
PACKET 1: CYFD / PROTECTIVE SERVICES DIVISION
PURSUANT TO IPRA (New Mexico Inspection of Public Records Act)
Requested Records:
1. All CYFD office placement logs (January 2019 - present), including:
- Date, duration, location, child identifier (anonymized)
- Reason for office placement
- Services provided during placement
- Outcome/discharge disposition
-
AWOL/Missing from custody logs (January 2019 - present), including:
- Date missing, date recovered (if applicable)
- Classification (runaway, abducted, unknown)
- NCMEC notification timestamp
- Law enforcement notification timestamp -
Incident reports from all licensed facilities (January 2019 - present), including:
- Serious injuries, deaths, abuse allegations
- Staff-on-child and child-on-child incidents
- Outcome of any investigation -
Out-of-state placement records (January 2019 - present), including:
- Facility name, state, placement type
- Monitoring visit dates and findings
- Outcome/discharge data -
Corrective Action Plans issued to any provider (January 2019 - present)
-
Kevin S. settlement target compliance data by target (2020-2024)
PACKET 2: LICENSING DIVISION
Requested Records:
1. Current list of all licensed foster care providers, group homes, residential treatment centers, and congregate care facilities in New Mexico
-
Licensing inspection reports (January 2019 - present) for:
- AMIkids Albuquerque
- Albuquerque Christian Children's Home
- All facilities with CAPs in past 3 years -
Corrective Action Plans issued (January 2019 - present), including:
- Facility name, violation type, remediation status
- License status following CAP -
License revocations, suspensions, or non-renewals (January 2019 - present)
PACKET 3: STATE AUDITOR / LEGISLATIVE FINANCE COMMITTEE
Requested Records:
1. Full report on CYFD $20M behavioral health appropriation spending
-
Vendor/provider payment records for the $7.06M flagged spending
-
Documentation (or absence thereof) for the $922,670 undocumented expenditures
-
CYFD budget vs. actual reports (FY2019-FY2024)
-
Title IV-E revenue projections vs. actual (FY2019-FY2024)
-
All LegisStat reports on CYFD (2019-2024)
PACKET 4: LAW ENFORCEMENT / MISSING PERSONS
Requested Records (via appropriate agency):
1. NCIC entries for children reported missing from CYFD custody (January 2019 - present)
-
Cross-reference of missing children entries with CYFD custody records
-
Recovery/closure data for children missing from state custody
-
Any cases involving children missing from CYFD custody that resulted in trafficking or exploitation indicators
PACKET 5: TRIBAL COORDINATION / ICWA
Requested Records (via appropriate channels, respecting sovereignty):
1. ICWA compliance metrics (2019-2024), including:
- Number of Native American children in CYFD custody
- Tribal notification compliance rate
- Placement preference compliance rate
- Active efforts documentation
-
NM Tribal Indian Child Welfare Consortium communications with CYFD
-
ICWA Unit staffing and caseload data
SOURCES
Databases Queried
- [CivicOps] NM missing_children table - 15 records matched
- [CivicOps] child_welfare tables (fatalities, victims, referrals, perpetrators) - NM data extracted
- [CivicOps] taggs_ngo_grants - NM HHS recipients queried
- [CivicOps] irs_bmf - 50 NM child welfare nonprofits identified
Official Government Sources
- [NM Legislature] LFC Child Welfare System Reports (June 2024, September 2024)
- [NM Legislature] CYFD FY24 Report Card
- [CYFD] Kevin S. Settlement page (cyfd.nm.gov)
- [HHS/ACF] CFSR findings
- [NM State Auditor] CYFD spending review
Court/Legal Documents
- [Kevin S Settlement] Arbitrator Findings (December 2024)
- [Kevin S Settlement] Corrective Action Plan (June 2023)
- Acadia Healthcare verdict (October 2024)
- Texico child abuse case (July 2023)
Investigative Journalism
- Searchlight New Mexico - "State of Chaos" (September 2023)
- Santa Fe New Mexican - Multiple CYFD coverage
- KUNM - Kevin S settlement series (2025)
- KRQE/KOAT - CYFD reporting
OSINT Tools Used
- [KALI:waybackurls] cyfd.nm.gov archived content search
- [KALI:theHarvester] cyfd.nm.gov domain reconnaissance
- [KALI:whois] Domain registration lookup
Web Sources
- [URL] https://searchlightnm.org/state-of-chaos-new-mexicos-child-welfare-crisis-is-worse-monitors-say/
- [URL] https://kevinssettlement.com/
- [URL] https://www.santafenewmexican.com/news/local_news/report-cyfd-fell-far-short-on-lawsuit-settlement-targets/
- [URL] https://nmdoj.gov/press-release/new-mexico-attorney-general-raul-torrez-launches-investigation/
- [URL] https://www.scacnm.org/by-the-numbers/
METHODOLOGY NOTES
Indicator Calculations
MICR (Missing Children Accountability):
- Based on: NCMEC notification delays (8+ weeks in documented case), AWOL tracking gaps, recovery outcome opacity
- NM Score: HIGH risk due to documented 24-hour notification failures
CSI (Classification Shield Index):
- Based on: Use of "runaway" classification, lack of recovery outcome data
- NM Score: HIGH risk - "kids fall into a black hole" when they run
FHR (Facility Hazard Rate):
- Based on: Deaths in custody, serious incidents, abuse findings
- NM Score: CRITICAL - teen suicide, $485M verdict, office conditions
LCS (Licensing Contradiction Score):
- Based on: CAPs followed by continued licensing
- NM Score: HIGH - AMIkids licensed despite 2 CAPs in 12 months
GCFS (Grant Control Failure Score):
- Based on: Audit findings, unverifiable spending, federal non-compliance
- NM Score: HIGH - $7.06M flagged, FFPSA rejected, CFSR failed
ODR (Oversight Drop-off Rate):
- Based on: Post-consent decree degradation
- NM Score: HIGH - 2005 consent decree lifted, gains completely eroded by 2018
SUPP (Suppression/Transparency):
- Based on: Data missingness, reporting gaps
- NM Score: ELEVATED - Child fatality review dormant 2015-2021, facility incident data opaque
RECOMMENDATIONS
IMMEDIATE (0-30 days)
- Request all records packets above via IPRA
- Monitor AG Torrez investigation for findings
- Track Kevin S remedial order compliance (Feb 2025 deadline)
- Identify all facilities with active CAPs
SHORT-TERM (30-90 days)
- Analyze facility incident data when obtained
- Map out-of-state placement network
- Calculate true AWOL rate from detailed logs
- Assess Title IV-E revenue recovery potential
MEDIUM-TERM (90-180 days)
- Develop county-level accountability profiles
- Track CFSR Program Improvement Plan
- Evaluate workforce plan implementation
- Monitor foster home recruitment progress
Investigation Completed: 2026-01-18
Investigator: OPUS | Project Milk Carton
Classification: CONFIDENTIAL - LAW ENFORCEMENT SENSITIVE
This investigation uses system-risk indicators and does not make individual accusations. All findings require verification. No intent language is used. No victim or minor names are included beyond public records.
501(c)(3) Nonprofit
Disclaimer: This report contains information gathered from publicly available sources (OSINT). All findings should be independently verified. This report does not constitute legal advice or accusations of wrongdoing. Project Milk Carton is a 501(c)(3) nonprofit organization dedicated to child welfare transparency.
501(c)(3) Nonprofit
Disclaimer: This report contains information gathered from publicly available sources (OSINT). All findings should be independently verified. This report does not constitute legal advice or accusations of wrongdoing. Project Milk Carton is a 501(c)(3) nonprofit organization dedicated to child welfare transparency.