To fix system, expand beyond CYFD

If I told you all the things in my CYFD-related cases that fall into the category of Very Concerning, you’d think I was pitching an implausible movie idea. Don’t misunderstand; many good people work at the state Children, Youth and Families Department. The Very Concerning things are much bigger than personnel issues at that agency. Spotlighting Secretary Teresa Casados’ appointment and confirmation is valid. Excessively focusing on it, though, is a diversion.

CYFD is but one member of our child welfare system, our child welfare “family.” Attention should be drawn to the entirety of this family, not just the easy and obvious scapegoat and its current figurehead.

The other members of the child welfare family include judges, attorneys, other bureaucracies and countless other offshoots (commissions, task forces, work groups). The work on the ground is replete with examples of pervasive denial and dysfunction of a systemic nature. So ubiquitous and incredulous is the malfunction that a short article barely scratches the surface. Regardless, here’s a sampling: In Bernalillo County, CYFD is regularly failing to draft, circulate and file with the court written reports that are statutorily required. Without these reports, the court is purportedly backed into a corner: the judge cannot properly review the safety of the child, the progress of the parents and/or the efforts of CYFD; attorneys cannot review information with their respective clients. In short, no one can properly prepare for court without the written report. Therefore, hearings “must” be canceled and rescheduled for a later date, where, often, the same scenario repeats itself multiple times over many months. This cycle creates and exemplifies illegal and unfair delay for children, all but ignoring their needs and rights.

Then there is “confidentiality.” That’s a euphemism for secrecy. Purportedly, confidentiality stems from a well-intended concern for the child’s and family’s privacy. In reality, it is more about preservation of the system itself. CYFD’s actions and or inactions are shielded behind confidentiality. Likewise, the pending court cases are sequestered. Judges’ decisions are obstructed from public view. To compound matters, at least in Bernalillo County, most hearings are not even being heard by judges. They are being presided over by court employees (special masters). In review: CYFD is operating under cover of “confidentiality” and CYFD’s actions in their pending abuse/neglect legal cases are reviewed by the courts in sequestered hearings. The darkness created by this double layer of secrecy is not healthy. Our system is devoid of any meaningful scrutiny.

Add to all of this a heaping dose of groupthink: Divergent views are missing, unwelcome, unspoken. The narrative is prescripted.

Voila! A recipe for disaster. And that is exactly what we have.

In sum, and to be filed under the Ironic and Not Good category, the entirety of the New Mexico child welfare apparatus reflects — and models — the very dysfunction it purports to address. The system we have in place is broken, unwell and in need of help. Truth and reality must be acknowledged if we are going to have any sort of meaningful change. Divergent views must be afforded weight. Let’s focus less on who is passing through the revolving door of any governor’s Cabinet and focus more on healing a system that was created to protect children and serve families — so it can do just that. Now that’s a movie I’d like to see.