Latest news with #CYFD
Yahoo
14-06-2025
- Yahoo
Prosecutor: Chances missed to remove 4-month-old from home before his death
Jun. 13—Officials missed opportunities to remove a 4-month-old boy born addicted to fentanyl from his home prior to the child's June 5 death, a prosecutor said Friday at a detention hearing for the child's mother. Prosecutors allege that the Albuquerque couple contributed to the death of their infant child by using fentanyl, heroin and methamphetamine in their home where the child was found dead. The boy's mother, Gabriella Muniz, 27, was ordered Friday by 2nd Judicial District Judge Courtney Weaks to remain in custody while awaiting trial on a charge of abandonment or abuse of a child resulting in death. Weaks last week ordered Muniz's co-defendant, Victor Gonzales, 46, held in custody pending trial. Both are charged with abuse of a child resulting in death. Muniz also picked up a new felony charge Thursday for allegedly possessing fentanyl in her jail cell at the Metropolitan Detention Center, according to a criminal complaint filed in Municipal Court. Muniz was charged after another inmate was hospitalized for a drug overdose on June 6. Assistant District Attorney Rebekah Reyes told the judge Friday that Muniz refused to submit to a drug test in February as required under a Children, Youth and Family Department safety plan. CYFD imposed the plan because the boy was born addicted to fentanyl on Jan. 28. "Both defendants were ordered to complete drug testing by CYFD," Reyes said. Muniz went to the testing center Feb. 10 but claimed she was not allowed to provide a sample because she had arrived after 4 p.m., Reyes said. "She was then instructed to go the following day and that is when we have the refusal to provide that sample," Reyes said. "I don't know why the refusal to provide a sample did not immediately yield CYFD filing to take this infant into custody, but it did not." The boy, identified in court records as C.M., remained in a hospital until Feb. 24, where he received a morphine drip to wean him off addiction to fentanyl, Reyes said. "On the 24th of February, 2025, is when the last time CYFD had eyes on this infant," she said. CYFD workers made numerous attempts to reach the couple from February through June by phone, text and in-person visits but were unable to make contact with the family, she said. On June 3, two days before the child's death, a CYFD worker requested a welfare check for the child "due to no contact with C.M. and the family," according to a criminal complaint. Bernalillo County Sheriff's Office deputies went to the couple's home in the 100 block of Sarah NW that day, but were unable to take action because CYFD's 21-day safety plan had expired, Reyes told the judge. Deputies made contact that day with Muniz's mother, who was in charge of ensuring the child's well-being under the safety plan, she said. "BCSO did go to the residence and they were advised by the defendant's mother that her understanding was the infant was on a 21-day safety plan, and that at the end of that safety plan, the infant could go back with the family," Reyes said. "That is, in fact, correct," she said. "The infant was only on a 21-day safety plan. There was nothing in place as to what was going to happen after that 21 days expired, so there was nothing deputies could do at that point. CYFD had not filed for custody of this infant at that time." CYFD said in a written statement that the agency could not comment because the case remained under investigation. CYFD also said it was "cooperating fully with investigating authorities." "The death of any child is a profound tragedy, and our hearts go out to all those affected by this loss," CYFD said in the statement. "State and federal confidentiality laws strictly govern what the Children, Youth, and Families Department can disclose regarding individual cases. As this matter remains under active investigation, CYFD cannot provide additional information at this time." Reyes said Muniz has previously lost custody of two children. Muniz's attorney, Deidre Ewing, said that no cause existed to hold Muniz in custody while awaiting trial. The Office of the Medical Investigator has not released a report indicating the cause of the boy's death, Ewing said. "We're putting the cart before the horse," Ewing told the judge. "There is not yet evidence to say that a crime has been committed." Ewing also said that Muniz has never been convicted of a felony and shows symptoms of postpartum depression, a mood disorder that can occur after childbirth. "We cannot be in the business of criminalizing people suffering from psychological disorders, with respect to the records on the drug testing and the records from CYFD that have been discussed," she said. Muniz has been charged with criminal offenses dating to 2019, including armed robbery and kidnapping, but all the charges have been dismissed, court records show. On Thursday, Muniz was charged with possessing a synthetic narcotic after she allegedly provided a corrections officer a container that contained a "white powdery residue" that Muniz identified as powdered fentanyl, according to a criminal complaint. The new charges against Muniz arose from an incident that occurred in MDC on June 6, Reyes said. An inmate was found unresponsive, was given Narcan and transferred to University of New Mexico Hospital. The inmate recovered. Muniz allegedly introduced powered fentanyl into the cell, Reyes said. "The defendant did admit that she did have the fentanyl on her," Reyes said. "She admitted that it was pure powder fentanyl, and it was confiscated from her."
Yahoo
14-06-2025
- Yahoo
Woman held in custody on child abuse charge in Albuquerque
ALBUQUERQUE, N.M. (KRQE) — A woman being charged in connection to the death of her four-month-old was in front of Judge Courtney Weaks for a detention hearing on Friday. Gabriella Muniz is also facing a possession charge. New Mexico MVD warns residents about ongoing wave of scams Muniz was arrested after she admitted to having powdered fentanyl on her in lock-up. The prosecution added that Muniz and her co-defendant Victor Gonzales, the child's father, refused to do a CYFD-ordered drug test after the baby was born with meth and fentanyl in their system. CYFD did not remove the baby from their custody. Based on the new arrest and Muniz's noncompliance with court orders, Judge Weaks ruled Muniz to remail locked up through trial. Gonzales is also being held. Both are facing charges for child abuse resulting in death. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
12-06-2025
- Politics
- Yahoo
Report: New Mexico ranks last in the nation for child well-being, again
Jun. 11—New Mexico has once again been ranked the worst state in the country for child well-being, according to the newest annual Annie E. Casey Foundation Kids Count data book. The study, which utilizes data from 2023, focuses on four categories: economic well-being, education, health and family and community. The most recent study marks the fifth consecutive year in which New Mexico has earned the 50th spot. Among the four categories, the state came in last for education and family and community; 49th for economic well-being; and 46th for health. Those results reflect a marked lack in progress over the five years since the state received a 2018 landmark ruling that its public education department was violating students' constitutional rights with the quality of instruction provided — and a subsequent May ruling that it had not done enough to improve. The Children, Youth and Families Department (CYFD) remains marred in controversy. The state also has one of the lowest average median household incomes in the U.S., and while the state has the second-richest sovereign wealth fund in the nation and has, in recent years, markedly spent more on education, those efforts have yet to yield discernible dividends. New Mexico's lackluster rankings don't surprise Daniel Crespin, a father of eight who lives in the International District and works part-time as a plumber, allowing him to spend more time at home caring for his children. "My middle schooler is reading at a lower grade level, and they're not doing anything to push them in school," Crespin said. He added that the cost of childcare would be burdensome to the family. "It's really hard to get help out here, and there are some programs that try to do something, but the funding is not there. It's always going somewhere else," he said. Spending time at North Domingo Baca Park with her 5-year-old daughter Isla Vigil and the girl's father Isaac Vigil, Amanda Alire expressed a similar sentiment, noting that her 13-year-old son, who's enrolled in Santa Fe Public Schools, is reading at a "fourth-grade" level. She added that she works two jobs and north of 70 hours a week to provide for herself and her children, whom she had been raising alone — Vigil was in prison until earlier this month. But, as a result, her income puts her above the poverty threshold. "I don't get any other support, I don't qualify for any assistance," Alire said. "There's nothing that would help because they say you make too much money, even though you're taking care of two kids by yourself with one income." Noting that the state has passed a slew of policies directed at improving education and childhood well-being since 2023, nonprofit New Mexico Voices for Children — which partnered with the Annie E. Casey Foundation on the report — believes the state's ranking could change in the coming years. They also think the state's circumstances and demographics don't warrant a comparison to others. "Other states have vastly different circumstances than New Mexico, whether that's their population, their racial and ethnic makeup, their just general structure," Gabrielle Uballez, executive director of the organization, said in a May interview. "We like to look at comparing New Mexico to itself." House Democrats cited several bills approved during this year's 60-day legislative session that could benefit New Mexico children, including a $10.8 billion budget bill that directs over $100 million to transitional housing and the state's Early Childhood Education and Care Department. They also cited the creation of a new state Medicaid trust fund that could help the state weather federal funding decreases, legislation expanding childcare assistance for prekindergarten children and established an outside oversight office to review complaints involving CYFD. "I'm a big believer in data, data is always good. It helps us improve. I'm really proud of all of the work we've done over the last several legislative sessions," House Speaker Javier Martínez, D-Albuquerque, said in a phone interview. "Those are all good things, and I think that eventually we'll see those returns. Having said that, I do think that there's more work that remains to be done." Some New Mexico lawmakers question if the state's increased spending and new policies are yielding results. "We have had unprecedented investments in early childhood education, we've had the Zuni lawsuit and Yazzie-Martinez lawsuit, and even this year, the judge says we are not making improvements on educational outcomes," Rep. Rebecca Dow, R-Truth or Consequences, said in a phone interview. "It's time for parents to be in charge of their kid's education and for dollars to follow students. We are so far behind the curve ... we can look to any state and do better." She also expressed support for school-choice programs, noting declining enrollment in public schools and saying that "poverty is an excuse" and that "if poverty is keeping children in a failing school system, all the more reason to pass school choice." "The courts agreed the families who felt like the public education system was failing them went to court, and the courts agreed that New Mexico is failing to adequately educate students. The remedy was to give money to the system that was failing students," Dow said. "It's time to stop funding the same system, and one size will never fit all."
Yahoo
28-05-2025
- General
- Yahoo
Lawmakers vow further exploration of CYFD reforms in interim before 2026 session
New Mexico lawmakers created a new child advocate position to oversee the troubled CYFD agency. (Dean Hanson/Albuquerque Journal) New Mexico lawmakers said Tuesday they plan to investigate more reforms for the state's troubled child welfare agency in advance of next year's legislative session, pointing to the recent tragedy of a 16-year old foster child's suicide as a catalyst for further action. The Courts, Corrections and Justice Committee convened at the Roundhouse for the first meeting of the interim, which included a presentation on recent reforms to the Children, Youth & Families Department lawmakers passed in the 2025 Legislative session. Specifically, House Bill 5 created an Office of the Child Advocate, which will be administratively attached to the state Department of Justice. Tuesday's hearing also exposed continued tension over the management of CYFD. The troubled agency has faced increased scrutiny over rising costs of settlements for maltreatment and deaths of children in custody from years past, as well as the housing of children in offices, which have included incidents of injury from private security guards. New Mexico Attorney General Raúl Torrez in April announced an investigation into the April death. In a recent interview with Source, Gov. Michelle Lujan Grisham, who has clashed with the AG over CYFD, said the agency intends to abide with the Legislature's reforms 'in a robust and cooperative manner.' Sen. Joe Cervantes (D-Las Cruces), who co-chairs the interim committee with Rep. Christine Chandler (D-Los Alamos), said New Mexico was failing to protect children in state custody which he called 'our most important, sacred responsibility.' 'We're not saving lives, we have children who are dying on our watch,' he said Tuesday. Cervantes alluded to Jaydun Garcia, the 16-year old who died by suicide in congregate care in April, but also mentioned a second case: 'I cannot go into detail, that we had another suicide: a young woman who was pregnant at the time in our state custody.' CYFD spokesperson Jessica Preston said she could not corroborate Cervantes' statement. 'State and federal confidentiality laws strictly limit what the Children, Youth, and Families Department can confirm or disclose about individual cases. We are only authorized to release information when it is determined that abuse or neglect caused a child's death,' Preston said in a written statement. 'Accordingly, no information can be provided.' CYFD was not invited to testify at today's meeting, both Cervantes and CYFD confirmed, with Preston noting that the agenda item related to the new office attached to the NMDOJ. CYFD Cabinet Secretary Teresa Casados 'has said on many occasions that the Department welcomes oversight, and we look forward to collaborating with the new Office of Child Advocate to serve the children, youth, and families of New Mexico when it is up and running,' Preston wrote. Lujan Grisham line-item vetoed $1 million earmarked for Office of the Child Advocate from the budget, but allowed both a $650,000 appropriation the New Mexico Department of Justice to set up the office and $300,000 for CYFD to hire additional staff to respond to inquiries from the advocate to remain in the budget. Attorneys for NMDOJ said they would be able to stand up the office with the $650,000 appropriation, but would seek further funding in 2026. 'That sets us on a pretty good entry point,' said Billy Jimenez, the deputy attorney general for civil affairs at NMDOJ. 'From a purely administrative standpoint, we can provide staff to assist whether that's paralegals or clerical staff, HR staff. But I think, at the end of the day, we want to make sure that that office maintains… independence [and] their own paralegals and staff over time.' Further decisions about staffing the office will be made once the child advocate is in the role Jimenez said. The state is still in the process of appointing a statutorily required state child advocate selection committee, which is required by law to meet before Sept. 1 to consider recommendations for the state child advocate. Within 30 days of meeting, the committee is supposed to recommend a short list of candidates to the governor, who will make the appointment.
Yahoo
28-04-2025
- Politics
- Yahoo
The Office of the Child Advocate Could Help CYFD Earn Back Our Trust
The State of New Mexico Children, Youth and Families Department, 1031 Lamberton Place NE in Albuquerque, photographed on Friday December 18, 2015. (Dean Hanson/Albuquerque Journal) As an advocate for children in foster care and a former foster parent myself, I was heartened to see lawmakers prioritize reforms to the state's Children, Youth, and Families Department (CYFD) during the recent legislative session, and grateful to see several critical reforms signed into law. These new laws will help bring much needed transparency, accountability, and oversight to the troubled agency, so it can better serve New Mexico's kids and their families. But I am deeply troubled that Gov. Michelle Lujan Grisham line-item vetoed crucial funding for one of these important reforms: the Office of the Child Advocate, a new, independent office that will oversee child well-being in the state. Earlier this year, the governor pleasantly surprised me by acknowledging the need for significant change at CYFD in her State of the State speech. For several years now, her administration has resisted calls from advocates like me, members of the public, and lawmakers for greater oversight of the agency. I felt like maybe our calls were finally being heard. Since then, however, her words and actions tell a different story. While the governor signed the legislation creating this office, House Bill 5, she wrote a poison pen message as she did so, accusing those who championed the bill of pursuing a 'vendetta' against her and attempting to 'intimidate' CYFD staff. She even told a reporter that she was concerned the bill's supporters were using children and families 'as some sort of political effort to harm or discredit another elected official.' The harms we should be worried about are not political. Too many children have already paid the price for CYFD's mistakes and failures. Too many kids have been harmed or even killed on CYFD's watch. Those of us who are pushing for change are doing it for one reason only: to better protect our kids. While I know that most of the agency's frontline staff are hardworking individuals who are dedicating their careers to helping kids, the agency has long been plagued by a culture of secrecy and defensiveness. That culture has undermined CYFD's ability to accomplish its mission and resulted in a loss of public trust that makes it harder to hire new caseworkers and recruit foster families. The Office of the Child Advocate will help restore that trust by giving kids a stronger voice within the system that is supposed to keep them safe. The Child Advocate will investigate and resolve complaints from children and families involved with CYFD and report on the agency's progress and challenges to help us understand what else needs to change. Legislators allocated $1 million dollars in this year's $10.8 billion dollar state budget to help the Office of the Child Advocate get off the ground. That's a small price to pay to improve the well-being of the most vulnerable children in our state and help CYFD begin to earn back our trust. Thankfully, New Mexico's Attorney General has indicated that the state's Department of Justice can help make up for the vetoed funding. By vetoing this funding and taking efforts to reform CYFD personally, the governor has only proven the necessity of outside oversight.
