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 W
New Mexico law describes state's first responsibility to children. That law is known as the Children's Code.During our investigation, Target 7 found that the understanding of the law isn't entirely clear to everyone. The state law describes the Children's Code as the following: The Children's Code shall be interpreted and construed to effectuate the following legislative purposes:A. first to provide for the care, protection and wholesome mental and physical development of children coming within the provisions of the Children's Code and then to preserve the unity of the family whenever possible. A child's health and safety shall be the paramount concern. Permanent separation of a child from the child's family, however, would especially be considered when the child or another child of the parent has suffered permanent or severe injury or repeated abuse. It is the intent of the legislature that, to the maximum extent possible, children in New Mexico shall be reared as members of a family unit;B. to provide judicial and other procedures through which the provisions of the Children's Code are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights are recognized and enforced;C. to provide a continuum of services for children and their families, from prevention to treatment, considering whenever possible prevention, diversion and early intervention, particularly in the schools;D. to provide children with services that are sensitive to their cultural needs;E. to reduce overrepresentation of minority children and families in the juvenile justice, family services and abuse and neglect systems through early intervention, linkages to community support services and the elimination of discrimination;F. to provide for the cooperation and coordination of the civil and criminal systems for investigation, intervention and disposition of cases, to minimize interagency conflicts and to enhance the coordinated response of all agencies to achieve the best interests of a child victim; andG. to provide continuity for children and families appearing before the children's court by assuring that, whenever possible, a single judge hears all successive cases or proceedings involving a child or family.GET THE FACTS | Click here for the full New Mexico Children's Code.
New Mexico law describes state's first responsibility to children. That law is known as the Children's Code.
During our investigation, Target 7 found that the understanding of the law isn't entirely clear to everyone.
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The state law describes the Children's Code as the following:
The Children's Code shall be interpreted and construed to effectuate the following legislative purposes:
A. first to provide for the care, protection and wholesome mental and physical development of children coming within the provisions of the Children's Code and then to preserve the unity of the family whenever possible. A child's health and safety shall be the paramount concern. Permanent separation of a child from the child's family, however, would especially be considered when the child or another child of the parent has suffered permanent or severe injury or repeated abuse. It is the intent of the legislature that, to the maximum extent possible, children in New Mexico shall be reared as members of a family unit;
B. to provide judicial and other procedures through which the provisions of the Children's Code are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights are recognized and enforced;
C. to provide a continuum of services for children and their families, from prevention to treatment, considering whenever possible prevention, diversion and early intervention, particularly in the schools;
D. to provide children with services that are sensitive to their cultural needs;
E. to reduce overrepresentation of minority children and families in the juvenile justice, family services and abuse and neglect systems through early intervention, linkages to community support services and the elimination of discrimination;
F. to provide for the cooperation and coordination of the civil and criminal systems for investigation, intervention and disposition of cases, to minimize interagency conflicts and to enhance the coordinated response of all agencies to achieve the best interests of a child victim; and
G. to provide continuity for children and families appearing before the children's court by assuring that, whenever possible, a single judge hears all successive cases or proceedings involving a child or family.
