As New Mexico prepares for a transition in leadership, the Children, Youth and Families Department reports advancements toward fulfilling a major child welfare agreement that calls for extensive changes to the foster care system.

After periods of limited movement on key reforms, officials express optimism about reaching critical benchmarks before the handover.

The agency has achieved improvements in attracting new foster families and broadening a specialized initiative to match children with complex needs to suitable homes. These steps, shared during a lengthy virtual hearing on Tuesday, align with requirements from a remedial order issued earlier this year in the Kevin S. case arbitration.

Acting Cabinet Secretary Valerie Sandoval emphasized during the session that the department has directed full attention to all aspects of the Kevin S. obligations.

Nevertheless, shortfalls remain in important areas such as easing the demanding workloads of frontline child protective services staff. Efforts to enhance the workplace environment have also not yet registered with many employees consulted by monitoring experts.

Plaintiffs attorney Tara Ford recognized advancements in select domains but raised questions about their sufficiency and the lack of movement elsewhere.

She noted that gains in isolated areas do not equate to an effective overall system.

Background

New Mexico has faced ongoing challenges in advancing reforms outlined in the settlement of the Kevin S. class-action lawsuit, initiated in 2018 by a group of foster children.

Following extended delays, plaintiffs in 2024 contended that the state was not upholding its commitments and initiated arbitration proceedings. This led to two orders from arbitrator Charles Peifer last year that largely supported the plaintiffs and mandated progress on specific targets.

Earlier this year, the parties agreed that the state had substantially met those orders and established new targets, which Peifer formalized in a third remedial order. Tuesday's hearing reviewed compliance with the updated requirements.

Attention at the hearing centered on the approaching end of the current CYFD leadership with the conclusion of Gov. Michelle Lujan Grisham's term early next year.

Sandoval highlighted recent achievements, stating that the agency has advanced further in recent months than in prior years combined. She indicated that the department aims to provide a solid foundation for future leaders.

She affirmed that the department continues to prioritize these efforts.

Some progress made

Officials shared several favorable metrics with Peifer and the plaintiffs. Notably, the recruitment of 73 nonrelative foster families met the mid-year obligation under the remedial order to secure 40 percent of the annual goal of 180 such homes by July 1.

The agency has also enrolled 50 new children in its Foster Care+ program, which provides specialized training and support for families caring for children requiring additional attention. This met the interim target toward serving 100 children in 2026.

Vacancy rates among frontline child protective services positions have declined from approximately 33 percent in October to around 19 percent in May, as outlined by Chief Operations Officer Brenda Donald.

Donald further observed that recent hires are remaining longer, with turnover now typically occurring after the first or second year rather than within six months.

Heavy caseloads persist

Despite advances on workforce issues, the agency missed a remedial order target requiring half of caseworkers to maintain compliant caseloads. Only slightly more than 30 percent achieved this standard.

Ford voiced concerns about this shortfall and noted that CYFD has taken in additional children following last year's policy shift to increase custody of those exposed to substances prenatally.

She described the approach as widening entry into the system without matching exits.

Donald attributed some caseload difficulties to the high proportion of newer staff who handle fewer cases initially.

The department intends to pursue additional measures, including over-hiring in high-need counties with existing resources and developing floater positions to cover temporary gaps in investigative and foster care roles.

Although recent initiatives have aimed to strengthen employee culture, many staff members have not yet experienced noticeable changes.

Independent monitors Kevin Ryan and Judith Meltzer, who spoke with 150 staff and leaders statewide, reported that excessive caseloads heavily influence morale and must be addressed.

Meltzer observed that workers remain skeptical about future improvements.

Donald acknowledged the urgency of workload adjustments while noting that cultural changes require time, often one to two years, to become evident.