IT’S A PROBLEM THAT HAS BROUGHT POLICE OFFICERS TO TEARS. OH, GOD. FRUSTRATED LAWMAKERS. IT’S ONE THING WHEN YOU MAKE ONE MISTAKE, BUT IT’S DIFFERENT WHEN THERE’S A SERIES OF MISTAKES IN THE SAME EXACT WAY. SURVIVORS AT A LOSS. YOU’RE GOING TO FEEL AWFUL STUPID WHEN THIS CHILD COMES UP DEAD. AND LOOK AT WHAT HAPPENED. OUR LEADERS STRUGGLED TO FIND SOLUTIONS. THERE’S NO MAGIC BULLETS. IT’S A DYSFUNCTIONAL AGENCY. ADVOCATES DEMANDING ANSWERS. WE ARE NOT FOLLOWING UP ON OUR PROMISE. WE ARE NOT KEEPING THESE PARENTS SUPPORTED. WE ARE NOT KEEPING THESE CHILDREN SAFE. GOOD EVENING. I’M DOUG FERNANDEZ AND I’M SHELLY RIBANDO. WELCOME TO THIS TARGET 7 SPECIAL INVESTIGATE BROKEN PROMISES. BEHIND US ARE PHOTOS OF NEW MEXICO CHILDREN WHO DIED AFTER THEY WERE PLACED BACK INTO THEIR HOMES. THE STATE’S CHILDREN, YOUTH AND FAMILIES DEPARTMENTS AND ALL OF THE KIDS BACK HOME TO THEIR PARENTS OR GUARDIANS AND EXPOSE THEM AGAIN TO PEOPLE WHO HAD ABUSED THEM. AND SOME OF THEM DIED IN CAR WRECKS. OTHERS WERE BEATEN SEXUALLY ASSAULTED OR LEFT WITH NO CARE. OUR TARGET 7 TEAM SPENT MONTHS LOOKING INTO THESE CASES, TRYING TO FIGURE OUT WHY SO MANY NEW MEXICO CHILDREN ARE PLACED BACK HOME. ONLY TO DIE. AND IN OUR SEARCH FOR SOLUTIONS, WE COMBED THROUGH RECORDS, TALK TO FAMILIES, FOSTER PARENTS, LEGISLATORS, ADVOCATES, JUDGES, OUR ATTORNEY GENERAL AND THE SECRETARY OF CYFD. SO TONIGHT, WE WILL LOOK INTO WHY THERE HAVE BEEN SO MANY BROKEN PROMISES AND WHETHER ANYONE WILL TRULY DO ANYTHING TO PROTECT OUR CHILDREN. AND WE WANT TO WARN YOU FOR SOME OF THE IMAGES YOU’RE ABOUT TO SEE ARE GOING TO BE DIFFICULT TO WATCH. HERE NOW IS JOHN CARDINAL. THERE IS A TWISTED BEAUTY ABOUT A GARAGE. IT’S KIND OF FALLING INTO A LITTLE BIT OF DISREPAIR OVER THE WINTER. AS LONG AS THE DOORS CLOSED, IT’S BEEN A MESS. NO ONE REALLY HAS ANY IDEA OF WHAT’S BEHIND IT. BUT HE BUILT THIS ONE AND THAT ONE THERE. BUT FOR KEVIN NELSON, HIS CLUTTERED GARAGE, I’LL NEVER TEAR THOSE MOUNTAINS DOWN. I WON’T CHANGE THEM. THEY’RE GOING TO STAY LIKE THEY ARE, IS FULL OF TREASURED MEMORIES. THAT WAS JAMES, ONE OF HIS FAVORITE TOYS. HE CALLED IT HIS BIG TRUCK. AND HE LOVED PLAYING IN THE DIRT WITH THAT THING. ALL OF THESE TOYS STASHED IN A DARK CORNER OF NELSON’S GARAGE. ANOTHER ONE OF HIS FAVORITE TOYS. THIS IS HIS PAW PATROL RV BELONGING TO HIS GRANDSON, JAMES DUNKLEY. CRUZ DID YOU EVER SUSPECT ANY PROBLEMS WITH JAMES? I KNEW THAT THERE WAS SOMETHING GOING ON, BUT I COULD NEVER PUT IT UP EXACTLY WHAT IT WAS. I NEVER WAS ABLE TO FIGURE IT OUT. AND THEN AMBER AND LYDIA GOT HIM TALKING. ONE DAY AND IT STARTED TO COME OUT. AMBER IS JAMES’S AUNT. I JUST COULD READ HIS BODY LANGUAGE AND TELL THAT THERE WAS SOMETHING GOING ON, WHETHER IT WAS VERBAL ABUSE, PHYSICAL, EMOTIONAL, WHATEVER. SOMETHING I COULD JUST TELL SOMETHING WAS GOING ON. AS AN AUNT WHO LOVED HER NEPHEW, AMBER KNEW SHE HAD TO CONTACT THE AGENCY IN CHARGE OF HELPING NEW MEXICO’S CHILDREN. THEY CONTACTED CYFD THE NIGHT THAT HE GOT DROPPED OFF HERE, AND I TOLD THEM WHAT HE HAD SHOWN UP IN WITH. HE WAS IN A FULL DIAPER. HE WASN’T POTTY TRAINED. HIS CLOTHES WERE TATTERED AND RIPPED AND STAINED. ANY SMELL REALLY BAD AND NEEDED A BATH. HIS HAIR WAS MATTED. SO I CALLED THEM AND I SAID, HE’S HERE NOW. HE’S SAFE. WHAT DO I NEED TO DO TO KEEP THEM IN MY HOME? BUT AMBER SAYS CYFD DIDN’T WANT JAMES TO STAY WITH HER. THEY WANTED HIM TO STAY WITH CHRISTA, HIS MOTHER. IT WAS ALWAYS DENIAL. IT WAS ALWAYS PUSHED BACK. IT WAS ME TRYING TO REACH OUT AND FIGURE OUT WHAT I COULD DO, WHAT STEPS I NEEDED TO TAKE, HOW I COULD HELP. AND THEY KEPT TELLING ME WE’RE HELPING CHRISTA. WE’RE TRYING TO HELP KRISTEN JAMES GRANDFATHER WAS EVEN BEGGING THE AGENCY TO REMOVE JAMES FROM HIS MOTHER’S CARE FOR ONE REASON ABOUT THE ABUSE THAT WAS GOING ON. I REALLY DON’T WANT TO GO INTO THAT BECAUSE IT’S NOT A PRETTY PICTURE. BUT TARGET 7 IS ABOUT TO SHOW YOU WHAT WAS GOING ON. WHAT’S YOUR NAME? JAMES. ALBUQUERQUE POLICE BODYCAM VIDEO TAKEN IN OCTOBER OF 2019 SHOWS FOUR YEAR OLD JAMES DUNKLEY CRUZ AT AN URGENT CARE IN ALBUQUERQUE. LET’S GET SOME HERE ON YOUR EAR TO HIS ARM, BANDAGED UP AS INVESTIGATORS WERE BUSY TAKING PICTURES OF MARKINGS ON HIS BODY, INCLUDING HIS GENITALS. ARE WE DONE HERE? AFTER THE VISIT, JAMES WAS ONCE AGAIN RETURNED TO HIS MOTHER’S HOME. I ACTUALLY PLEADED WITH HIM. I SAID, YOU DON’T WANT TO DO THAT. AND THEY SAID, NO, WE HAVE TO. AND I SAID, WELL, YOU’RE GOING TO FEEL AWFUL STUPID WHEN THIS CHILD COMES UP DEAD. AND LOOK AT WHAT HAPPENED. WHAT HAPPENED HAPPENED THE NIGHT OF DECEMBER 10TH, 2019, JUST AFTER 10 P.M. MY SON, HE’S WHEN HE’S NOT MOVING, JAMES DUNKLEY CRUZ WAS DEAD TWO WEEKS BEFORE CHRISTMAS, 2019. A JUST I JUST KIND OF BELIEVE IT. AND THEN AS WE FOUND OUT, MORE AND MORE DETAILS ABOUT WHAT HAPPENED AND HOW IT WENT DOWN AND WHO SAID WHAT AND EVERYTHING, IT JUST IT RIPS ME OPEN AND IT RIPS ME OPEN EVERY DAY. DURING THE INVESTIGATION, POLICE CENTERED IN ON DERRICK MARQUEZ. HE WAS THE ROOMMATE OF JAMES’S MOTHER. HE WAS THE ONE CONVICTED OF BEATING THE FOUR YEAR OLD TO DEATH AND IS NOW SERVING A LIFE SENTENCE. SHOULD JAMES STILL BE ALIVE TODAY? ABSOLUTELY. THIS DID NOT NEED TO HAPPEN AFTER JAMES’S DEATH. A WHISTLEBLOWER FROM CYFD CAME FORWARD WITH INFORMATION BECAUSE OF THAT INFORMATION, NELSON SUED CYFD. WHAT DID YOU DISCOVER AFTER THE DEATH OF JAMES? WELL, I FOUND OUT ABOUT CYF FT HIDING EVIDENCE. THEY WERE RESETTING PHONES THAT HAD NOTES IN THEM. THEY WERE DESTROYING PICTURES. THEY WERE. THEY HAD ALL KINDS OF INFORMATION THAT WOULD HAVE PROVEN THAT HE SHOULD HAVE BEEN REMOVED FROM THAT HOME. THOSE CLAIMS ARE MADE IN NELSON’S LAWSUIT AGAINST CYFD. THE SUIT ALLEGES CYFD HAD EIGHT INVESTIGATIONS TO DETERMINE ANY RISK TO JAMES, INCLUDING THE DAY HE WAS AT URGENT CARE. HE WAS NEVER REMOVED FROM HIS HOME. IN A DEPOSITION FOR THE CASE, AN INVESTIGATOR ADMITTED THEY WERE INSTRUCTED BY CYFD TO DELETE NOTES THAT THE AGENCY DIDN’T WANT TO BE RECORDED IN THEIR SYSTEM AND THEIR RESPONSE TO THE LAWSUIT. SEE, CYFD DENIED MANY OF THE CLAIMS MADE BY DUNKLEY CRUZ’S FAMILY. THEY DID NOT ADDRESS THE ACCUSATIONS THAT RECORDS WERE DESTROYED. SHORTLY AFTER JAMES’S CASE AND OTHERS LIKE IT. THEN CYFD SECRETARY BRIAN BLAYLOCK RESIGNED. REALLY MADE ME ANGRY. IT REALLY JUST I DON’T UNDERSTAND WHY PEOPLE WERE LIKE THAT. I MEAN, YOU WORK FOR THIS AGENCY TO HELP CHILDREN. WHY ARE YOU DELETING STUFF? THE DUNKLEY CRUZ IS NOT UNIQUE. NEW. MEXICO. AT LEAST 26 KIDS DIED AFTER CYFD PLACED THEM IN HOMES. THESE ARE SOME OF THEIR PICTURES. MOST OF THOSE CHILDREN WERE JUST LIKE JAMES. AND YOU’VE SEEN THE STORIES LIKE THIS. VALENCIA COUNTY MOTHER, WHO CALLED 911 BECAUSE SHE WAS AFRAID SHE WAS GOING TO HURT HER KIDS. IT’S HAPPENED BEFORE IN THE PAST WHERE MOTHERS HAVE HURT THEIR KIDS AND GOT TO THE POINT WHERE THEY KILLED THEM IN. I DON’T WANT YOU TO EVER DO THAT. AND I’M SURE YOU DON’T, RIGHT? CYFD RESPONDED. A WEEK LATER, THE MOTHER CALLED 911 AGAIN. THIS IS WHAT DEPUTIES FOUND. OH, GOD. A FOUR WEEK OLD BABY DEAD UNDER NEW MEXICO LAW. THE STATE’S FIRST RESPONSE IS TO, QUOTE, PROVIDE FOR THE CARE, PROTECTION AND WHOLESOME MENTAL AND PHYSICAL DEVELOPMENT OF CHILDREN AND TO, QUOTE, PRESERVE THE UNITY OF THE FAMILY WHENEVER POSSIBLE. A CHILD’S HEALTH AND SAFETY SHALL BE THE PARAMOUNT CONCERN. BUT OUR INVESTGATION FOUND THAT THE UNDERSTANDING OF EXACTLY WHAT THAT MEANS RUNS THE GAMBIT. THE STATE LAW EXISTS TO SAY WE SHOULD PRESERVE THE FAMILY UNIT. IF AT ALL POSSIBLE. THAT’S THE COMMON UNDERSTANDING. THEY’LL BE RETURNED TO BIOLOGICAL FAMILY AT ALL COSTS. THE CHILDREN’S CODE, THOUGH, IN MY MIND, AND I’VE ACTUALLY TALKED TO CHILDREN’S COURT JUDGES ABOUT THIS IS, NUMBER ONE, PROTECT THAT CHILD. STATE REPRESENTATIVE MARION MATTHEWS HELPED WRITE THE CHILDREN’S CODE IN THE 1970S. AT THE TIME IT WAS CREATED TO ADDRESS CHILD DELINQUENCY. BUT OVER TIME IT HELPED CREATE CYFD AND GUIDE THEIR PRIORITIES AND SEE WHY RFD ITSELF HAS TAKEN ON A NUMBER OF ROLES, I THINK, THAT WERE PROBABLY NOT INTENDED AT THE BEGINNING, OR AT LEAST ANTICIPATE. DID THE AGENCY NOW OVERSEES CHILD PROTECTION SERVICES? THE JUVENILE JUSTICE SYSTEM, CHILD CARE LICENSING, FOSTER PARENTING AND BEHAVIORAL HEALTH. INTERIM CYFD SECRETARY TERESA CASADO, WHO TOOK OVER TWO WEEKS AGO, ADMITS IT’S A LOT. DO YOU BELIEVE CYFD HAS TAKEN ON TOO MANY ROLES? I THINK THERE’S A LOT. AND I THINK THAT THE WAYS THE WAY OF D WAS STRUCTURED, IT MAY HAVE BEEN TOO MUCH. WHEN WE RETURN, OUR TARGET 7 INVESTIGATION LOOKS FOR SOLUTIONS TO THESE BROKEN PROMISES. SAYS I BROKE THE LAW. I BASICALLY TRICKED HER MOTHER. WE DON’T EVEN KNOW HOW BAD IT IS. EVEN THOUGH THERE’S PROMISES BEING MADE. THOSE PROMISES ARE NOT KEPT. DO YOU BELIEVE HISTORICALLY THAT THERE HAS BEEN A PHILOSOPHY TO REUNITE FAMILIES NO MATTER WHAT. WHEN CHILDREN ARE TAKEN OUT OF THEIR HOMES FREQUENTLY THEY ARE PLACED IN FOSTER CARE AND THOSE STAYS COULD LAST DAYS OR MONTHS. HERE IN NEW MEXICO, THERE AREN’T ENOUGH FOSTER PARENTS. IN FACT, THE NUMBER OF FOSTER HOMES HAVE DROPPED 20% IN THE PAST FIVE YEARS. THIS MEANS THERE ARE FEWER PLACES FOR KIDS TO GO. ONCE AGAIN, HERE’S JOHN CARDINAL IN THIS HOME LIVES, SERENA TALAMANTES. SO THESE ARE MY TEENAGE BOYS AND HER THREE BOYS, ALMOST 19, 17 AND 15 ARE NOT ALONE. AND THEY’RE ALL REALLY SPECIAL, SPECIAL KIDS. TALAMANTES IS A MOTHER TO SEVEN CHILDREN. IT’S A SOAPSTONE SCULPTURE FROM AFRICA. TWO OF HER KIDS CAME FROM INTERNATIONAL ADOPTION AND FOUR FROM FOSTER CARE. WE HAVE FAMILY AND WE HAVE EACH OTHER, AND THAT’S REALLY IMPORTANT. AND IN HER HOME, WE SAW THIS PICTURE HANGING IN A RESTAURANT HANGS A PAINTING THAT REMINDS TELAMON OF HER PAST. IT REMINDS ME OF THE PEACE THAT CAN COME WITH FAITH, WITH. WITH CARE, WITH LOVE, WITH CONNECTION, PAST CONNECTIONS THAT NEVER ENDED, WITH A FULL CONNECTION FOR THIS FORMER FOSTER MOTHER WHO STEPPED AWAY FROM CYFD. I’M SORRY. IT’S OKAY. THERE’S A LOT OF KIDS THAT STICK WITH ME, BUT. ONE OF THE REASONS THAT WE STEPPED AWAY WHEN WE DID WAS BECAUSE A POOR DECISIONS MADE FOR A SIBLING GROUP THAT WE. LOVED, THAT WE ABSOLUTELY LOVED. FOR TALAMANTES FOSTERING KIDS FOR 18 YEARS WAS BOTH DIFFICULT AND REWARDING. IT WAS THE BEST, HARDEST THING WE EVER DID. THE REASON HER FAMILY STOPPED WAS BECAUSE OF FRUSTRATION WITH CYFD AND WHAT SHE SAYS WERE THE DECISIONS THE AGENCY MADE. IT’S THE LACK OF SUPPORT. IT’S THE CHANGE THAT’S NOT HAPPENING. IT’S THE KIDS THAT ARE COMING IN AND OUT OF THE SYSTEM LIKE A REVOLVING DOOR AND YOU’RE WATCHING THESE KIDS AND AND YOU’RE WATCHING AS THEY THEY LOSE HOPE FOR THEIR FUTURE. THE LAST STRAW FOR TALAMANTES WAS WHEN SHE WAS TAKING CARE OF A GROUP OF SIBLINGS. I THINK OUR FAMILY FELL IN LOVE WITH THEM AND WE JUST WANTED TO HELP. AND EVENTUALLY WE HAD HOPED THAT WE WOULD BE ABLE TO ADOPT THEM. BUT THAT DIDN’T HAPPEN. THEY PUT THEM ALL TOGETHER WITH AN ABUSIVE SIBLING. THE LAST I HEARD, THEY WERE STILL IN CARE. THIS IS WHERE THOSE DECISIONS ARE MADE, RIGHT HERE IN CHILDREN’S COURT. WHEN POLICE RESPOND TO A CHILD ABUSE CALL, THEY HAVE THE AUTHORITY TO REMOVE THE CHILD FROM THEIR HOME FOR 48 HOURS. CYFD THEN GETS INVOLVED TO DETERMINE IF THEY WANT TO HOLD THEM FOR LONGER. TO DO THAT, THEY MUST PETITION THE COURT AND THE JUDGE SIGNS AN ORDER. JOHN ROMERO IS A FORMER CHILDREN’S COURT JUDGE. BUT WE’RE SUPPOSED TO, BASED ON THAT PIECE OF PAPER, SIGNED THE VERY FIRST ORDER THAT AUTHORIZES THE CHILD TO COME INTO THE TEMPORARY CUSTODY OF THE STATE OF NEW MEXICO. CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND ONE OF THE IMPORTANT DECISIONS THAT WE MAKE IN THAT ORDER, IT IS CONTRARY TO THE WELFARE OF THE CHILD TO REMAIN IN THIS HOME. WITHIN TEN DAYS, A HEARING IS SCHEDULED TO DETERMINE WHETHER A CHILD WILL STAY IN STATE CUSTODY. AND AT THAT CUSTODY HEARING, THE JUDICIAL OFFICER NEEDS TO DETERMINE WHETHER THERE’S PROBABLE CAUSE TO BELIEVE THAT THE CHILD HAS BEEN NEGLECTED OR ABUSED. BUT IN NEW MEXICO, THAT’S NOT EASY TO PROVE BECAUSE YOU DON’T NEED TO PROVE THAT THE FATHER IS A HEROIN USER. YOU HAVE TO PROVE THAT THE FACT THE FATHER IS A HEROIN USER CREATES IMMINENT, PUTS THE CHILD IN IMMINENT HARM BECAUSE WE HAVE A LOT OF FUNCTIONING DRUG USERS IN NEW MEXICO. WHEN CYFD PLACES A CHILD BACK HOME, THEY GIVE THE PARENT WHAT THEY CALL A SAFETY PLAN. BUT THERE’S ONE PROBLEM. SO MUCH OF WHAT WE DO IS BY LAW, VOLUNTARY. THAT MEANS PARENTS DON’T HAVE TO COOPERATE WITH CYFD. MONIQUE JACOBSEN USED TO BE THE CYFD SECRETARY UNDER GOVERNOR SUSANA MARTINEZ. A LOT OF TIMES WHEN SHE HAS INTERACTION WITH FAMILIES, THE ONGOING FOLLOW UP IS VOLUNTARY PARTICIPATION IN THE ACTUAL INVESTIGATION IS VOLUNTARY. JUDGE ROMERO SAYS A LOT OF FAMILIES DON’T COOPERATE. FEW OF US IS GOING TO SAY, YES, THANK YOU FOR COMING INTO MY LIFE AND INTERFERING WITH MY LIFE AND TELLING ME YOU’RE GOING TO HELP ME. I’M FROM THE GOVERNMENT AND I’M HERE TO HELP YOU. IS KIND OF THE MESSAGE THAT FOLKS GET DECADES AGO. GAIL ARMSTRONG, WHO LATER BECAME A STATE REPRESENTATIVE, WAS FACED WITH A NO WIN SITUATION. I WASN’T WILLING TO LET THAT BABY BE IN DANGER. AND THAT BABY WAS IN DANGER. AND IT WAS OBVIOUS TO ME, BUT IT WASN’T OBVIOUS TO SEE WHY. HAD ARMSTRONG BROTHER HAD A BABY? BOTH PARENTS, SHE SAYS, WERE DRUG ADDICTED. HER BROTHER ENDED UP IN JAIL, SO SHE WANTED TO TAKE CARE OF HER NIECE. CYFD TOLD ME TO GIVE THE BABY BACK. CYFD WANTED TO PUT THE CHILD IN THE CARE OF HER MOTHER. ARMSTRONG NEVER GAVE THE CHILD BACK, DESPITE BEING TOLD TO DO SO. BUT YOU BROKE THE LAW. I DID. I BASICALLY TRICKED HER MOTHER IS WHAT I DID. AND I BROKE THE LAW BECAUSE I KNEW GIVING HER BACK, SHE WOULD HAVE BEEN ABANDONED. SHE POSSIBLY COULD HAVE DIED. SHE COULD HAVE BEEN MOLESTED. GOD ONLY KNOWS. ARMSTRONG’S NIECE IS NOW 18 ND WORKS AS A PHLEBOTOMIST AND IS HOPING TO GO TO COLLEGE. HER FATHER IS NOW CLEAN, BUT SHE IS A BEAUTIFUL YOUNG WOMAN AND REALLY, REALLY SMART. AND I GUARANTEE YOU SHE WAS PROBABLY BORN DRUG ADDICTED. ARMSTRONG IS NOW A STATE REPRESENTATIVE AND IS ONE OF SEVERAL BIPARTISAN LEGISLATOR WHO TRIED TO PASS MORE THAN 30 PIECES OF LEGISLATION TO CHANGE CYFD LAST SESSION. EVERY BILL EXCEPT FOR THE ONE THAT GOT THROUGH GOT HELD UP IN A COMMITTEE SOMEWHERE, WHETHER IT BE ON THE SENATE SIDE OR THE HOUSE SIDE. IT GOT HELD UP IN A COMMITTEE FOR ARMSTRONG. THINGS GOT HEATED DURING THIS HEARING. HAVE THERE BEEN ANY BABIES THAT WERE SIGNIFICANTLY INJURED OR DIED? THIS PART OF THE HEARING WAS ABOUT KIRA. IN 2016, THE FEDERAL GOVERNMENT PASSED THE COMPREHENSIVE ADDICTION AND RECOVERY ACT, PART OF THE LAW REQUIRED THE US DEPARTMENT OF HUMAN SERVICES TO DEVELOP PLANS FOR THE SAFE CARE OF INFANTS BORN WITH SUBSTANCE ABUSE DISORDERS. MR. CHAIRMAN, THAT’S TOO MANY. AND THERE NEEDS TO BE GUARDRAILS AND. IT MAKES ME SICK. THANK YOU. YEAH, WE’RE GOING TO CONTINUE. MEXICO PASSED ITS OWN KIRA ACT, BUT ACCORDING TO MARILYN BECK WITH NEW MEXICO CHILD FIRST NETWORK, IT MISSED ITS MARK. THE IMPLEMENTATION OF KERA UNDER STATE LAW SINCE 2019 HAS BEEN A SINGLE GREATEST FAILURE YET. NEW MEXICO’S CAROLLA GOT RID OF THE REQUIREMENT THAT A HOSPITAL HAD TO NOTIFY CYFD IF A BABY WAS BORN ADDICTED OR TO AN ADDICTED PARENT. INSTEAD, THE LAW REQUIRED HOSPITAL STAFF TO GIVE THEM A PLAN OF CARE AND SEND THEM HOME. SINCE THE LAW WAS ENACTED, THERE HAVE BEEN 3800 BABIES SENT HOME WITH THEIR PARENTS. ARMSTRONG AND OTHER LEGISLATORS WERE TRYING TO PASS A BILL THAT WOULD ACTUALLY ALLOW THE STATE TO TAKE A CHILD INTO CUSTODY IF BORN, DRUG ADDICTED. AND SO THE QUESTION I ASKED WAS HOW MANY BABIES HAVE DIED UNDER THE CARE PLAN AND NO ONE KNEW THE ANSWER. THEY WERE WHISPERING TO EACH OTHER. NO ONE WOULDN’T YOU THINK YOU WOULD KNOW THAT ANSWER IT. JUST INFO CREATED ME. THAT THEY DIDN’T KNOW THE ANSWER. ENDED UP THE ANSWER WAS NINE AND I SAID THAT’S NINE. TOO MANY. AND I COULDN’T CONTROL MY EMOTIONS AND GOT UP AND WALKED OUT BECAUSE. WHY WOULD YOU NOT KNOW? HAD TO ANSWER HER. YOU’RE THERE TO PROTECT THE CHILDREN OF NEW MEXICO. AND NINE BABIES ARE IN THE GROUND. AND I’M SURE THERE’S MORE NOW. WHEN WE RETURN, REPAIRING A SYSTEM OF BROKEN PROMISES. SADLY, WE’RE JUST NOT GETTING THAT JOB DONE IN THE STATE OF NEW MEXICO. DO YOU FEEL THE LEGISLATURE FAILED THIS SESSION? I DO. WHAT SOLUTION DO YOU THINK THERE ARE? WELL, OTHER THAN COMPLETELY REBUILDING THE DEPARTMENT, I DON’T THINK THERE’S ANYTHING. DOES KAREN NEED TO BE CHANGED. HEADING INTO THE 2023 LEGISLATIVE SESSION, LAWMAKERS IN THE GOVERNOR PROMISED TO FIX CYFD OUT OF 30 BILLS. ONLY ONE PASSED AND THAT GAVE FOSTER KIDS FREE FISHING. DURING THE SESSION, THE GOVERNOR HELD A NEWS CONFERENCE SAYING SHE HERSELF WOULD FIX THE AGENCY. BUT LAWMAKERS ON BOTH SIDES ARGUED THE BILLS THAT DIDN’T MAKE IT WOULD HAVE HELPED SOLVE SOME OF THE PROBLEM. AND SOME SAY CIF IS TOO FOCUSED ON PUTTING KIDS BACK WITH THEIR BIOLOGICAL PARENTS RATHER THAN PROTECTING THEM. ONCE AGAIN, HERE’S JOHN CARDINALE. THIS IS A BAG OF TOYS THAT I TAKE WITH ME EVERYWHERE. FOR AMBER LOWE, THIS IS JUST SOME DINOSAURS THAT I KEEP OF HIS. HER BAG OF TOYS IS THERAPY STICK. EARLIER, WE TOLD YOU ABOUT HER NEPHEW, JAMES DUNKLEY. CRUZ JUST REMINDS ME THAT I HAVE A PIECE OF HIM WITH ME BECAUSE I WASN’T HERE WHEN HE PASSED A FOUR YEAR OLD BOY WHO WAS BEATEN TO DEATH BY HIS MOTHER’S ROOMMATE. I’M GOING TO KEEP THEM FOREVER BECAUSE THEY WERE HIS. ACCORDING TO THIS LAWSUIT, CYFD HAD NUMEROUS OPPORTUNITIES TO REMOVE JAMES FROM HIS HOME, BUT DIDN’T. AMBER SAYS THE AGENCY NEEDS AN OVERHAUL. I DO BELIEVE THAT IT NEEDS TO BE COMPLETELY REBUILT FROM THE GROUND UP. THEY NEED TO GET RID OF EVERYBODY AND START FRESH. JAMES’S GRANDFATHER, KEVIN NELSON, FEELS THE SAME. WHAT WOULD YOU LIKE TO SEE BE DONE WITH CYFD? I’D LIKE TO SEE THE WHOLE PLACE BURNED DOWN AND REBUILT. HOW WOULD YOU LIKE TO SEE IT BE REBUILT? WELL, BETTER CHECKS AND BALANCES. NUMBER ONE, MAKE SURE EVERYBODY’S DOING THEIR JOB AND THEY’RE ALL ON BOARD FROM THE SECRETARY ON DOWN, EVERYBODY GETS DOUBLE CHECKED. THAT IDEA WAS ONE OF 30 BILLS THAT WERE PROPOSED IN THE LEGISLATIVE SESSION THAT WOULD HAVE DIRECTLY IMPACTED CYFD LAWMAKERS WANTED TO CREATE AN OMBUDSMAN IN THAT IS A PERSON WHO INDEPENDENTLY INVESTIGATES COMPLAINTS AND TRIES TO RESOLVE THEM. THEY WOULD HAVE BEEN ASSIGNED TO THE ATTORNEY GENERAL’S OFFICE. AG RAUL TORRES SUPPORTED THE IDEA. THERE ISN’T A LOT OF PUBLIC CONFIDENCE AT THIS POINT THAT THE KIND OF INSTITUTION CHANGE THAT WE NEED TO PROTECT KIDS CAN BE ACCOMPLISHED WITHOUT INDEPENDENT OVERSIGHT. THE BILL DIED, BUT TORRES BELIEVES HIS OFFICE CAN STILL DO SOMETHING. HE WOULD LIKE TO FORM A CIVIL RIGHTS DIVISION IN HIS OFFICE THAT COULD PURSUE LEGAL ACTION AGAINST CYFD. IF IT FAILS. THE CIVIL RIGHTS OF A CHILD WERE VIOLATED. LITIGATION IS IS SOMETIMES A NECESSARY TOOL TO BRING ABOUT THE KIND OF SYSTEM INSTITUTIONAL CHANGE THAT I THINK CYFD DESPERATELY NEEDS. 29 OTHER BILLS ALSO DIED IN THE ROUNDHOUSE THAT WOULD HAVE IMPACTED. SEE VFD BILLS THAT WOULD HAVE ALLOWED FOR MORE TRANSPARENCY. WHEN A CHILD DIES. INCREASING REIMBURSEMENT RATES FOR FOSTER PARENTS. AND LIKE WE TOLD YOU EARLIER, CHANGING THE LAW THAT PROHIBITS A BABY BEING TAKEN AWAY FROM A DRUG ADDICTED MOTHER WHEN THEY’RE BORN. WE ASKED LAWMAKERS ON BOTH SIDES WHY THE BILLS FAILED. WHY DIDN’T THEY PASS? THEY JUST NEVER GOT THROUGH ALL THE COMMITTEES AND TO THE FLOORS AT THE APPROPRIATE AT THE APPROPRIATE TIME. PART OF IT WAS THEY HAD HEARD THAT THERE WAS SOME OPPOSITION FROM THE GOVERNOR AND LIKE, SAY, ONCE THEY PASSED, THAT IS HER PRIORITY, HER PREROGATIVE, SHE GETS TO VETO OR SHE GETS TO SIGN IT. THAT’S NOT MY JOB. AS THESE BILLS WERE DEBATED, THE GOVERNOR HELD THIS NEWS CONFERENCE DURING THE LEGISLATIVE SESSION. WE’RE ANNOUNCING TODAY THAT WE ARE GOING TO IMPLEMENT THE STRATEGIES FOR TRANSFORMATION FOR CHILDREN, YOUTH AND FAMILIES DEPARTMENT. SHE ANNOUNCED THAT SHE WAS GOING TO SIGN AN EXECUTIVE ORDER TO REVAMP THE AGENCY. WE HAVE PROBLEMS IN THE INTERIM THAT ARE UNTENABLE. THE ORDER CREATED A POLICY ADVISORY COMMITTEE, AN INNOVATION OFFICE AND NEW LEADERSHIP TEAMS. SHE ALSO ANNOUNCED THAT SHE WAS GOING TO HIRE AN INDEPENDENT FIRM TO LOOK AT THE AGENCY’S COMPLIANCE AND PROGRESS. TARGET 7 WAS THERE. IT SOUNDS LIKE THIS EXECUTIVE ORDER IS ASKING FOR A CONTRACT WITH AN INDEPENDENT FIRM OUT OF THE STATE. HOW OFTEN WILL YOU BE WORKING WITH THAT FIRM? IS THERE A ROLE TO HOLD THE DEPARTMENT ACCOUNTABLE? NO, THAT’S MY JOB. AND THEN HERE’S WHO HOLDS ME ACCOUNTABLE THE PUBLIC AND THE PUBLIC’S REPRESENTATIVES IN THE LEGISLATURE. IN THE MIDDLE OF OUR INVESTIGATION, CABINET SECRETARY BARBARA VIGIL ANNOUNCED SHE WAS STEPPING DOWN AND NOW THE GOVERNOR IS TRYING TO FIND HER THIRD CYFD SECRETARY. IN THE MEANTIME, THE STATE’S CHIEF OPERATING OFFICER, TERESA CASADO, IS TAKING OVER. AND WE CAUGHT UP WITH HER ABOUT WHAT SHE’S DOING TO FIX THE AGENCY. IT’S AN INCREDIBLY DIFFICULT JOB. AND FROM WHAT I’VE BEEN ABLE TO GATHER SINCE COMING ON BOARD A LITTLE OVER A WEEK AGO, IS THAT WE DON’T HAVE A GOOD RETENTION RATE FOR THOSE EMPLOYEES. I THINK THERE’S A LOT OF BURNOUT FOR THEM. SHE SAYS THE AGENCY IS STREAMLINE REIMBURSEMENT TO FOSTER PARENTS. BUT WHAT ABOUT THE LAWS SOME SAY WOULD FIX CYFD SHOULD MORE HAVE BEEN DONE? THIS LEGISLATIVE SESSION? I DON’T BELIEVE SO. YOU KNOW, I THINK THAT WE WERE HAVING CONVERSATIONS, BIPARTISAN CONVERSATIONS, AND I THINK THAT’S INCREDIBLY IMPORTANT. SO THERE HAVE BEEN NINE DEATHS DUE TO THE CARE ACT SLASH POLICY. DOES CARA NEED TO BE CHANGED? I DON’T KNOW NECESSARILY IF CARA NEEDS TO BE CHANGED OR IF WE REALLY NEED TO LOOK INTERNALLY AND SEE IF THERE ARE POLICIES AND PROCEDURES THAT WE CAN STRENGTHEN. TARGET 7 FOUND NUMEROUS RESEARCH ARTICLES THAT SHOW CHILDREN DO BETTER WHEN RAISED BY THEIR FAMILIES, AND WE LEARNED THAT RESEARCH HAS GUIDED THE DECISIONS THAT ARE BEING MADE BY CYFD FOR YEARS AS THE FUNDAMENTAL BELIEF OF OF, YOU KNOW, OF PRETTY MUCH EVERYONE. IF YOU DIG DOWN INTO IT, THAT PARENTS HAVE A RIGHT TO PARENT. BUT DESPITE THAT PHILOSOPHY DURING OUR INVESTIGATION, IT BECAME CLEAR THAT EVERYONE AGREES OUR STATE HAS BROKEN A PROMISE THAT WAS WRITTEN INTO LAW THAT SAYS THE SAFETY OF A CHILD SHOULD COME FIRST. THE NUMBER ONE PRIORITY OF THAT DEPARTMENT IS PROTECTING CHILDREN AND IMPROVING THEIR WELL-BEING. THAT IS NOT WHAT IS OCCURRING IN THE STATE OF NEW MEXICO. WE’VE GOT A SYSTEM THAT IS TOO FAR TILTED TOWARDS THIS NOTION THAT REUNIFICATION AT ALL COSTS, THEY’LL BE RETURNED TO BIOLOGICAL FAMILY AT ALL COSTS. WE ARE REUNIFICATION FIRST STATE FAMILIES, TIGHT AND BLOOD RUNS THICKER THAN WATER. BUT IF AND WHEN THE DEPARTMENT FIGURES OUT ITS PROBLEMS AND PRIORITIES, IT’S TOO LATE FOR SOME. JAMES IS STILL GONE. I MEAN, JAMES WILL NEVER KNOW THAT JUSTICE WAS DONE. THERE ARE STILL CHILDREN WHO DIED TO A SYSTEM WITH BROKEN PROMISES. THIS WAS SOMETHING THAT JAMES HAD DONE WHEN HE WAS LIVING HERE FOR KEVIN NELSON. ALL HE HAS LEFT TO REMEMBER HIS GRANDSON JAMES, OR HIS TOYS AND THIS DRAWING, AFTER HE PASSED, I JUST DIDN’T HAVE THE HEART TO TAKE IT DOWN. AND IT’S BEEN UP THERE EVER SINCE. IT’S NEVER MOVED. IT’S KIND OF FADED OVER TIME. AND WHILE THE PAIN OF A TRAGIC DEATH WILL FADE WITH TIME AND IT’LL STAY UP THERE FOREVER, NELSON HAS MADE A PROMISE TO JAMES. HE SAYS IT WILL NEVER BE BROKEN, OR WHEN. WHEN MY LIFE IS DONE, I CAN AT LEAST GO FIND HIM AND TELL HIM WE GOT THOSE RESPONSIBLE. YOU KNOW, IT WASN’T IN VAIN. THE GOVERNOR HAS REJECTED THE IDEA OF HOLDING A SPECIAL SESSION TO ADDRESS THE ISSUES AT CYFD IN THE MONTHS TO COME. SHE CLAIMS SHE’LL ANNOUNCE MORE CHANGES AND A NEW DEPARTMENT SECRETARY. WE WILL BE THERE LETTING YOU KNOW WHAT HAS CHANGED AND WHAT’S WORKING. AND THAT’S OUR PROMISE TO YOU