New federal law tightens child welfare rules

Deadlines, matching funds present challenges to NM

A new federal law may shake up how New Mexico and other states work to save children from abuse and neglect.

Tucked into a budget package approved by Congress this year, the Family First Prevention Services Act is expected to reshape parts of New Mexico’s child welfare system, forcing the state to move children more quickly out of group homes or shelters.

The law will also generate federal funding for prevention services that would target families in need of improved parenting skills.

There is, however, a catch: a requirement for state matching funds and a series of deadlines for states to meet.

By October, for example, New Mexico must have a plan for tracking and preventing fatalities resulting from child abuse and neglect.

“I feel like we’re way behind here,” said state Rep. Gail Chasey, D-Albuquerque, cochairwoman of the legislative Courts, Corrections and Justice Committee.

A number of experts briefed New Mexico legislators on the new law Monday during an all-day meeting in Albuquerque.

Top administrators for the state Children, Youth and Families Department said that New Mexico is on track to meet the new deadlines, but that there will be challenges — such as a shortage of foster parents.

About 200 children in the state, for example, have been in a “congregate care” group setting for longer than the roughly two weeks that will be allowed when the new law is fully in effect, officials said.

The state will have to cut in half the amount of time children have typically been staying in shelters, officials said. The average stay is now about 24 days.

Charles Sallee, deputy director of the Legislative Finance Committee, said New Mexico has a chance to rethink how it handles child welfare programs. The state, he said, is among the lowest spenders on prevention — something that could be addressed

by matching funds offered under the law.

New Mexico could also respond to low-level referrals to Child Protective Services by offering a program aimed at helping the families learn to better care for their children, an alternative to an adversarial investigation, Sallee said.

He described New Mexico as a state with a large number of childneglect cases related to drug abuse. Children, he said, sometimes bounce from one foster family to another.

“Clearly,” Sallee said, “the system, the way it’s designed, is not working.”

Complicating matters is the change in administration that will occur Jan. 1, when Gov. Susana Martinez’s term expires and a new governor takes office. The federal law imposes a series of deadlines this year and next.

“This couldn’t happen at a more difficult time for us,” said Sen. Cisco McSorley, D-Albuquerque.