SANTA FE, N.M. — The New Mexico Department of Justice is suing the state’s Children, Youth & Families Department over their alleged “systemic failures” and misuse of state laws to allegedly retaliate against possible whistleblowers.
NMDOJ is alleging CYFD misused state confidentiality laws to avoid facing accountability and to retaliate against “people who tried to speak out, including foster parents, caregivers and investigators.” They’re also accused of using the laws to withhold information from NMDOJ, New Mexico State Police, the Office of the State Auditor, independent court monitors and the courts.
It comes as NMDOJ released a comprehensive investigative report Wednesday, detailing the department’s alleged failures.
“For years, CYFD has operated as if it answers to no one. It stonewalled investigators, retaliated against foster parents, and hid behind confidentiality laws every time someone tried to hold it accountable. That era is over,” Attorney General Raúl Torrez said.
The report grew out of an investigation NMDOJ launched in April 2025 after the death of 16-year-old Jaydun Garcia in CYFD custody. AG Torrez said Garcia took his own life inside a congregate facility used to house children who don’t have foster placements.
MORE: New Mexico AG demands more information from CYFD after child dies in custody
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