KEVIN S. SETTLEMENT

Two years after New Mexico agreed to overhaul its foster care system in response to a lawsuit claiming it systematically re-traumatizes children in its care, the state lags on its commitments and is struggling to enact the required reforms. The settlement of the Kevin S. complaint, named for one of the plaintiffs, was lauded as groundbreaking when it was announced in March 2020 for its promise to create a “trauma-responsive” system of care that prioritized placing children in secure family settings. But child welfare advocates say the state’s delays in implementing many of the settlement requirements puts thousands of children in state custody at risk of further harm.

New Mexico’s child protective services department is set to receive a funding boost officials say will be used to improve services for foster youth, including creating more specialized placements for some of the state’s most vulnerable kids. During the 2022 New Mexico Legislature, state lawmakers approved a 9.4% funding increase for the Children, Youth and Families Department. CYFD, which asked for nearly $255 million for its general fund ahead of the legislative session, will receive approximately $230 million for its 2023 general fund operating budget.

New Mexico’s Native family court was inaugurated in January, 2020, with the intention of helping prevent the separation of Indigenous children from their families and tribes. The court, based in Albuquerque, is dedicated to hearing child welfare cases that fall under the Indian Child Welfare Act, or ICWA. 

The New Mexico Children, Youth, and Families Department (CYFD), which oversees child protective services, asked the state Legislature for a $41.5 million increase to its budget for 2023. CYFD requested $254,948,200 for its general fund, which makes up about 70 percent of its overall budget. It was given $213,423,200 for 2022. 

When former New Mexico Supreme Court Justice Barbara Vigil retired from the bench in June, she didn’t know what was next, but one thing was certain: She wanted to pivot from presiding over cases of vulnerable communities to actively advocating for them.