State not keeping promises to children

IT IS never too soon for the New Mexico Children, Youth and Families and New Mexico Human Services departments to keep their promises to children in CYFD custody.

As the Journal reported, House Bill 202, the bill that sought to ensure that children taken into state custody are not forced to sleep in offices, hotels or motels, or sent to out-of-state facilities absent extraordinary circumstances, did not make it through this legislative session.

The bill sought to codify CYFD’s obligations in the Kevin S. settlement agreement, resulting from the lawsuit brought by 13 courageous children to reform the New Mexico child welfare system. These children wanted to see a change — to make sure children removed from their families by the state are safe, well-cared for and given a chance to heal and thrive. CYFD and HSD agreed to sweeping changes in order to settle the litigation, including prohibiting children from sleeping on office floors, hotels and motels or being sent out-of-state. It is hard to imagine any disagreement with this idea. Yet, systems change slowly.

All of us need to be vigilant that the promises the state made to the children who brought Kevin S. are kept. The surest protection is to enact legislation to protect those promises. The state has asked the Legislature for more time to implement the settlement before legislation is pursued. Advocates for children brought this key protection forward now because the parties had agreed that it was a settlement term that had to be implemented early in the reform efforts. These dangerous and inappropriate placements are continuing and need scrutiny. Next year, whether this important legislation is considered will depend on whether it is an issue on the governor’s “call.”

HSD and CYFD have promised in the Kevin S. settlement agreement to prohibit placing children in offices, hotels and motels, and outof-state facilities. Now they have promised to work toward legislation to codify their settlement promise. We look forward to working with CYFD and HSD to see that both of these promises are kept. And we hope that the governor will recognize the importance of these promises during the next legislative session.

SARA CRECCA, JD; DR. GEORGE

DAVIS; BETTE FLEISHMAN, JD Pegasus Legal Services for Children GARY HOUSEPIAN, JD and CARRISA TASHIRO, JD Disability Rights New Mexico THERESE YANAN, JD Native American Disability Rights