House advances bill to create Office of the Child Advocate
Legislation would establish independent oversight of CYFD and review child welfare policies in New Mexico
Organ Mountain News report
SANTA FE – The House Health and Human Services Committee advanced House Bill 5 on Wednesday with a 9-1 vote. The measure would establish an independent Office of the Child Advocate to oversee child welfare services in New Mexico.
New Mexico’s Children, Youth and Families Department has faced scrutiny in recent years following state investigations into management practices. Concerns have been raised over allegations of insufficient oversight of child placements and delays in addressing complaints. Lawmakers and child welfare advocates have called for reforms to improve transparency and accountability within the agency.
The office would serve as an impartial public entity to receive and investigate complaints related to children’s services at CYFD, ensure their resolution, and report opportunities for improvement to the public, Legislature and governor.
“Too many of New Mexico’s children have been harmed by the very systems that should protect them. We need to use every tool in our toolbox to improve child well-being,” said Rep. Michelle Paulene Abeyta, D-To’hajiilee, a sponsor of the bill.
The office would also review CYFD policies and procedures, provide children and families with information about their rights, operate a toll-free hotline for complaints, and compile and report independent data, among other duties.
HB 5 is also sponsored by House Speaker Javier Martínez, D-Albuquerque; House Majority Leader Reena Szczepanski, D-Santa Fe; and House Majority Whip Dayan Hochman-Vigil, D-Albuquerque. The bill now moves to the House Judiciary Committee.
In addition, the committee passed House Joint Resolution 5 by a 9-1 vote. The resolution proposes an amendment to the state constitution to create a commission that would appoint CYFD’s executive director and leadership. If approved by both chambers, the amendment would appear on the ballot for voters in the November 2026 election.
“There should be absolutely no doubt that we have to make significant changes to protect New Mexico’s children. Our kids continue to pay the price for the agency’s failures,” said Rep. Eleanor Chávez, D-Albuquerque, a sponsor of the resolution. “Having well-vetted, experienced leadership at CYFD would bring more accountability to an agency that desperately needs it.”
HJR 5 is sponsored by Chávez; Rep. Liz Thomson, D-Albuquerque; Rep. Pamelya Herndon, D-Albuquerque; and House Speaker Javier Martínez, D-Albuquerque.