The New Mexico Children, Youth and Families Department assumes custody of thousands of abused and traumatized children each year.

At the same time, the strained agency manages the state's juvenile justice system and supervises dozens of additional youths held in secure facilities.

Does this workload exceed what one department can effectively manage?

In recent months, lawmakers and law enforcement leaders have proposed dividing CYFD into two separate agencies, with one focused on child protective services and the other on juvenile justice. The suggestion follows mounting concerns about systemic problems and calls for structural reform.

"CYFD's wide range of duties across child protection, juvenile justice, and behavioral health has made strong leadership very challenging," New Mexico Department of Justice spokesperson Lauren Rodriguez stated in an email. "No secretary has ever possessed expertise in all three areas."

CYFD spokesperson Jake Thompson said the agency would review any plan that delivers effective rehabilitation for youth in the juvenile justice system while ensuring accountability. Moving those programs would require careful planning, he noted, yet the department would gladly work with legislators and partners to refine the concept or any other approach that improves outcomes for young people.

'Diffusion of mission'

The proposal to split the agency emerged this year after a yearlong state Department of Justice investigation exposed multiple systemic shortcomings in CYFD's care for children.

As the split idea gained traction, some public figures revived an earlier suggestion to remove CYFD from the governor's direct control and place it under an independent commission. Supporters say this would bring stability and reduce political influence, while critics maintain that executive oversight is essential for reform.

Those favoring a split argue it would produce a more focused child welfare agency. The Legislature took a similar step in 2019 by creating the Early Childhood Education and Care Department, which began operations in 2020 and has since expanded free childcare and preschool access to all families.

Rodriguez pointed out that the investigation found CYFD's broad duties have hindered effective leadership. Former staff members indicated the department should concentrate solely on child protective services to improve accountability.

"No single leader can master child welfare, juvenile justice, and behavioral health at once, and this spread of responsibilities has allowed accountability to weaken," Rodriguez wrote. "Separating these functions would let leadership and culture focus entirely on child safety."

'Outlived its usefulness'

Last year, 3,098 children entered or left CYFD custody through its protective services role. The average daily population in the agency's two youth detention centers stood at 80 during fiscal year 2024.

House Speaker Javier Martinez, an Albuquerque Democrat, has long supported placing CYFD under an independent commission. In April he also called the combination of juvenile justice and child protective services within one agency inefficient.

"The agency has long outlived its usefulness," Martinez said. "Having the same department handle foster children and criminal justice matters is unreasonable and must change."

In a later statement he appeared more measured, noting that House Democrats are examining multiple options to strengthen the child welfare system ahead of the next session, including reforms for transparency and possible structural shifts.

Juvenile justice successes

Thompson emphasized the agency's strong performance in juvenile justice, citing very low staff turnover. CYFD also reports an 86 percent graduation rate for youth in detention, with 58 students earning diplomas or GEDs this year, four times the national average for similar programs.

He cautioned that altering the current structure would require careful study to avoid service disruptions. Lawmakers should consider how to maintain collaboration between agencies, expand mental health treatment, and sustain probation services, Thompson added.

What governor hopefuls say

Candidates for New Mexico governor have agreed that CYFD carries too many responsibilities and that splitting the agency could streamline operations, though none have fully endorsed the idea yet.

Democratic nominee Deb Haaland has backed moving CYFD under an independent commission. She argued that combining juvenile justice and child protection duties amid staffing shortages places children at risk. A split, she said, could align with creating an independent commission that delivers consistent leadership.

Republican candidate Gregg Hull stated that CYFD is asked to handle too much and that this breadth may contribute to ongoing problems. He said any structural change must follow a clear diagnosis of issues such as caseworker turnover and placement decisions, warning that a split could create coordination gaps. Hull pledged to pursue a division only if evidence shows it best protects children.