This is the third story in a series on child welfare in New Mexico.
Attorney
Therese Yannan had represented children in state custody for many years
before she sued New Mexico in 2018. She was seeing a pattern of
resources just not being available.
“A court can’t order services
that don’t exist. It was impossible to get appropriate services,” said
Yanan, who works for the Native American Disability Law Center.
Attorneys
Bette Fleishman and Sara Crecca encountered the same obstacles. So the
three of them joined forces to go to court. Fleishman is executive
director of Pegasus Legal Services For Children, which is a plaintiff
along with Yanan’s organization. Crecca is her co-counsel.
Together
they joined 14 foster children in the class action suit seeking to
improve the child welfare system. The suit was named for one of the
children, Kevin S.
“We needed to do something bigger to change the
situation. Because kids were getting harmed then and they're getting
harmed now,” said Fleishman.
Crecca said the faults in the system have been well-documented for decades. But the Kevin S. team found three significant failures.
There
was no strong system to ensure that temporary placements or foster
homes were stable. That meant children were sleeping in state office
buildings.
Also, the state was failing to meet the medical and
mental health needs of children. And there was a complete failure to
implement any sort of trauma-informed practices for those in state care.
“Letting
them rot in the office, just sitting there, no school, no attempt to
engage them, no placement. That all felt kind of new. The outcomes we
were seeing were getting worse, more dangerous for kids, violating all
kinds of state and federal laws that existed,” Crecca said.
The 14 kids,
who were in foster care at the time, agreed to become main plaintiffs
and were chosen to represent the diversity of the state whether it was
race, sexual orientation, or even geography. Together they would also
represent the many more kids experiencing the same inhumane conditions.
Crecca said that what drove a lot of the suit was one question: Where are the foster parents?
“What
we were doing to these kids to re-traumatize them was just astounding.
They would come in even more traumatized than previously,” said Crecca.
Current
Cabinet Secretary for the Children, Youth and Families Department,
Teresa Casados, explained staff turnover is a huge problem nationwide in
child welfare.
“We can’t do the work that’s expected without the
people to do it. I can’t lower caseloads if I don’t have trained people
to give the cases to,” Casados said. “I can’t recruit more foster
families if I don’t have workers to go out there and do the recruitment.
So, when they’re stretched too thin, foster parents don’t feel
supported.”
Casados said another contributing factor to retention
issues is people don’t realize how difficult this work is for
caseworkers and social workers alike, especially with the lack of
support from outside the agency.
“They’re doing this work because
their heart tells them to do this work. Not because of the paycheck that
they get, I guarantee that,” she said. “Can you imagine being there and
something horrific happens? You’re with that family when that tragedy
happens. And then you read the next day about how horrible you are and
how you dropped the ball and how you didn’t do your job.”
One way CYFD has tried to address the staffing shortage was to lower requirements and focus on recruiting caseworkers who may have a degree in social work, psychology, or education, but are not licensed.
Right now, out of the 250 employees with a degree in social work at CYFD, only 129 are licensed.
Fleishman
said the other issue was New Mexico sending many foster kids to
out-of-state facilities. She said she was able to visit every single
facility that the kids she represented had been placed in, but a lot of
attorneys can’t necessarily do that.
“They're just throwing these
kids out of state and kind of dumping them there,” Fleishman said.
“There’s no way for the parents to visit in a meaningful way. They did
not check the facility before the kids were sent there. They didn’t even
make sure they were even licensed or had any write-ups.”
Native children are four times more likely to be placed in foster care than their white peers, according to a national study, which cited issues with systematic bias.
This led Gov. Michelle Lujhan Grisham in 2022 to sign a law
that codifies the federal Indian Child Welfare Act (ICWA). That law
also would amend the New Mexico’s Children Code to include specific
provisions for Native children in custody like affirming a child’s
tribal affiliation, working with families to reunite children with their
tribe, and providing tribal courts the option to assume jurisdiction.
Yanan said under the Indian Child Welfare Act, there’s an imperative when helping Native children.
“Maintain placement with Native families so that they maintain those ties is essential,” said Yanan.
The
Kevin S. parties reached a settlement in 2020, and it was a blueprint,
Crecca said. It was the first step in building a foundation before
jumping into the harder problem solving.
“We felt so incredible about this agreement, about what was in store for our clients,” Crecca said.
The settlement
outlined several goals: creating a trauma-informed system, keeping
foster children connected to their own culture and families, meeting the
requirements of the federal Indian Child Welfare Act, and delivering timely access to medical appointments.
Yanan said not having these resources isolates foster children from their families and communities.
“Foster
homes across the board are a huge issue and remain a huge issue,” Yanan
said. “And so these kids get sent to these facilities and service
providers because they don’t have home settings as in foster care for
these kids and they don’t have community-based services that these
children need.”
But for Casados, it has been frustrating stepping
into implementation of the agreement because of the established
timelines for reaching certain goals and targets.
“There’s just not enough time to do that and time is what is really what is needed to fix this system,” Casados said.
Casados
was first appointed by Gov. Lujan Grisham as interim cabinet secretary
in April of 2023. A few months later, the governor appointed her the
permanent secretary. Lujan Grisham said,
“Teresa Casados has left an indelible mark at CYFD over just a few
months…she has already delivered results, and I have no doubt the
momentum will continue from here”.
Since the 2020 settlement, however, Crecca said the excitement has stalled, leading to new dangerous outcomes for foster youth.
“Immediately this administration turned its back on its agreement and has done that time and time again,” said Crecca.
The settlement agreement named two neutral experts to oversee implementation of the outlined goals.
In updates from 2022 and 2023,
they pointed to ‘dangerous’ conditions including high caseloads,
inadequate numbers of family-based placements for foster children and
problems with CYFD’s on-call shift system not having appropriately
trained staff.
“Every year their report tells us what our
clients can tell you, which is not only has it not changed, it’s gotten
worse. One of their warning shots to the defendants was that your
system is in a state of chaos” Crecca said.
The experts also noted problems with children accessing the ‘well-child checkups’ that are mandated by law to happen within 30 days of a child entering into state custody.
Casados
said one problem is the state’s health care worker shortage and that
CYFD is working alongside the Healthcare Authority to bring in
out-of-state organizations to provide services.
“I know as a
normal citizen, if I were to call right now to my physician and say, ‘I
need to come in for my sore throat’, they probably would say, ‘we can
see you in a couple of weeks’. And so, we face the same situation when
we try to get appointments for these kids,” Casados said. “Providers are
in short supply and they have other clients that they are taking care
of and sometimes those appointments can’t be booked within 30 days.”
The Healthcare Authority, formerly the Human Services Department, declined to comment.
When
it comes to the office stays, Casados said there are numerous foster
families available, but they lack the training to deal with very
challenging cases.
“What do we need? Is it just more families? And the answer is no. It’s more appropriate families” said Casados.
She
said children have been coming into the system with complex problems
that demand intensive support, and that means office stays to supervise
them.
“It’s less than 1% of the population that we serve, it’s a
small number,” said Casados, “but even one child that doesn’t have
appropriate placement is not ideal for us; it’s not how we want to run
our system.”
In 2023, the state and the plaintiffs’ teams came together to create what’s called a Corrective Action Plan to help the state get back on track.
Crecca
said that some of the kids represented in the lawsuit have aged out and
are angry and disappointed. She added that in her experience, CYFD is a
system shrouded in secrecy and lacks transparency.
“There’s a
confidentiality law that protects families from having their identities
revealed when they’re involved, but really, the agency has used it for
many years to shield its own negligence, its own wrongdoing, and its own
corruption,” said Crecca.
And she said the 2,150 children in New Mexico’s foster system are paying the price.
“These
young people are incredible, and they deserve our investment because
they’re human beings,” said Crecca. “Leaving by the wayside an entire
generation of children in foster care is a terrible idea for our
society.”
And Casados agreed.
“I believed then and I still
believe that the issues that were raised in the Kevin S. case and the
outcomes and the targets that they implemented have to be met for a
better child welfare system,” she said.
However, Fleishman, Yanan,
and Crecca all said they have seen no justice in the system for their
many clients and when these young people age out of care, they become
survivors.
This story was also funded in part by the USC
Annenberg Center for Health Journalism. Support for this coverage comes
from the W.K. Kellogg Foundation.
LINK: https://www.kunm.org/local-news/2025-02-06/kevin-s-settlement-was-a-blueprint-for-change-for-child-welfare-but-implementation-has-stalled-out