The state of New Mexico is still not doing enough to improve its foster care system, despite a 2020 settlement and a report earlier this year calling out the lack of progress. That prompted the arbitrator in the case to issue a second remedial order in the case.
Under the first remedial order, the Children, Youth, and Families Department and the Health Care Authority were tasked with several goals, including improving caseloads, hiring and retaining more caseworkers, and recruiting and retaining more foster families.
After a meeting in July, arbitrator for the Kevin S. settlement, Charles Peifer, found no improvement had been made, leading him to issue a second order.
"Nobody is more frustrated with this than we are. Nobody who represents kids or who helps kids is satisfied with the status of the system. We are now with this Remedial Order #2 in a position where we have some accountability," said Yanan.
That’s attorney Therese Yanan, one of the plaintiffs in the original lawsuit that resulted in the Kevin S. settlement agreement, who testified at the Health and Human Services Committee this week. That accountability will now include three status conferences that will go through the end of January of 2026, where Governor Michelle Lujan Grisham will be invited.
"We still stand by this settlement agreement. There is nothing wrong with the settlement agreement. The problem is the implementation," Yanan said.
Peifer also has ordered that the state meet deadlines to comply with the caseload standards they have agreed to, as well as licensing new 265 new non-relative resource homes, licensing another 244 new treatment foster care placements, and ensuring 100% of children are given well-child checks within 30 days of entering state custody.
He has also ordered increased communication with the co-neutrals of the agreement. These are 3rd party child welfare experts who oversee implementation by using data provided by the state and community input to produce public reports. Piefer has now ordered the state to notify the Co-Neutrals within 24 hours of a fatality or critical incident occurring at hotels, motels, offices, out-of-state-placements, shelters, and congregate homes. Under the new second remedial order the co-neutrals will be provided any information on these fatal or critical incidents within 15 days.
Also, if the co-neutrals find the state has failed to comply with end-of-year deadlines and are making progress towards other goals outlined in the settlement agreement, the plaintiffs can move for an order to show cause. That means the state would have to testify under oath as to why it is still out of compliance.
Support for this coverage comes from the W.K. Kellogg Foundation.
