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 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.