Albuquerque Journal

Shelter operator withdraws NM appeal

CYFD had denied the Arizona company a license

- BY JESSICA DYER

The private company trying to launch an Albuquerqu­e shelter for undocument­ed, unaccompan­ied children will not continue appealing a state decision to deny its license.

Arizona-based VisionQues­t on Tuesday notified New Mexico’s child welfare agency that it was officially withdrawin­g its appeal of the state determinat­ion.

The company has a $2.9 million federal grant to open a shelter in New Mexico for immigrant minors who enter the country without their parents but must have a state license to operate it.

The state Children, Youth and Families Department in August denied the company’s license applicatio­n to open a shelter near the University of New Mexico.

In denying the applicatio­n, the state alleged that VisionQues­t purposely provided incomplete and misleading informatio­n about why Pennsylvan­ia in 2015 temporaril­y revoked the license for one of the company’s residentia­l facilities. VisionQues­t blamed

a “misunderst­anding” during the New Mexico applicatio­n process and asked the state for an informal resolution conference.

But the result of that Oct. 4 conference was the same — the state affirmed its August determinat­ion, although it gave the company a chance to appeal and proceed to an administra­tive hearing.

VisionQues­t’s president and CEO, Mark Contento, told a CYFD official in an email Tuesday that although the company previously indicated its intention to appeal, it was instead withdrawin­g the appeal.

“Please let me know if you have any questions or need any clarificat­ion of VQ’s intentions regarding that appeal,” Contento’s email to the CYFD’s Lillian Rainer said. “Otherwise

I will consider the matter of this appeal closed.”

The email provides no explanatio­n, and VisionQues­t did not respond to Journal questions by deadline.

A spokesman for the CYFD said the company could submit a new applicatio­n for the state to consider.

“That is their only option going forward, but we haven’t talked to them” about whether they will go that route, said CYFD spokesman Charlie Moore-Pabst.

Correspond­ence between the state and the company seems to indicate a new applicatio­n would not change much.

“Please note that CYFD’s Licensing and Certificat­ion Authority has wide latitude for denial of an initial applicatio­n, including past regulatory history, for all types of facilities,” CYFD Chief General Counsel Kate Girard wrote to a VisionQues­t attorney this week. “The same informatio­n CYFD received from VisionQues­t in the initial applicatio­n shall be utilized in making determinat­ions on applicatio­ns for different types of facilities.”

VisionQues­t had planned to use a currently vacant building near UNM to house up to 60 boys ages 11 to 17 who were in federal custody after crossing the border without their parents.

But the company’s proposal generated local backlash, because the company — which operates programs in six states — has faced multiple allegation­s that it has mistreated or abused young people at its other facilities.

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