ALBUQUERQUE, N.M. — A bipartisan committee heard from the state’s Child Advocate for the first time Thursday. The brand-new position was established last year to provide oversight and monitor systemic issues within the Children, Youth and Families Department.
Many lawmakers say that, after listening to what the Child Advocate has to say, they’re going back to the drawing board to give her office more teeth. But it’s not just her. In recent weeks, several lawmakers have discussed CYFD reform in general and have talked to the New Mexico Department of Justice, former CYFD secretaries, and even kids who are involved with the department.
Lawmakers say it shows the issue is top of mind and will be addressed in January during the next legislative session.
“Child safety should not be political or partisan,” Child Advocate Dawn Walters said.
Walters went before the Courts, Corrections and Justice Committee on Thursday to explain what she’s been working on, her office’s purpose, the barriers she’s facing, and how she thinks the Legislature can help.
“The office is intended to be independent, impartial, nonpartisan, and child-focused,” she said.
Child Advocate says access remains biggest hurdle
The office was established in July of last year, following the 2025 legislative session. Walters is the state’s first Child Advocate and has been in the role for about five months. On Thursday, she said one of the biggest issues she’s faced is getting access.
“In that first quarter, I made 79 requests for records and information from CYFD, and as of June 30, the close of that quarter, 17 of those had been fulfilled,” she said.
Walters added that response times have improved in recent weeks.
In a statement, CYFD said it has developed new processes and procedures and has a team that meets weekly with the Office of the Child Advocate to share information. Spokesman Jake Thompson said Walters was given access to the “same information portal that law enforcement uses to examine CYFD cases” and that the department is responding to her requests.
“Right now, if you were to call me about a child, I would really have no information about [that child]. I would have no way of independently getting information about the child other than reaching out to CYFD’s Office of General Counsel,” Walters said.
She said a recent change from the New Mexico Supreme Court has given her access to court cases. But real-time access is what she and lawmakers say is needed.
Lawmakers push for more oversight authority
About two weeks ago, Walters went before Senate Republicans and said the same thing: that her hands are often tied because she doesn’t have access. Gaining that access is something both Democrats and Republicans appear to support.
“This needs teeth. Her office needs the ability to subpoena. Her office needs access, and that’s most important. Live when something’s happening,” State Rep. Nicole Chavez, R-Albuquerque, said.
“The office should willingly share the records. Once you get into subpoena power, you get attorneys involved, and then you drag out the process,” State Sen. Antoinette Sedillo Lopez, D-Albuquerque, said.
Why lawmakers say the bill was watered down
Lawmakers have repeatedly admitted the original bill establishing Walters’ role had more “teeth” and was watered down to get the governor to sign it. The original bill creating the Office of the Child Advocate included subpoena power, but the final version did not.
The issue was a point of contention during Thursday’s hearing.
“Some kind of deal made with the majority and the minority and the governor in some dark room,” State Rep. John Block, R-Alamogordo, said.
“The deal was cut with your senator Sharer and Senator Brantley. Too bad she’s not here in the room,” State Sen. Joseph Cervantes, D-Las Cruces, said. Cervantes is also the vice chair of the Courts, Corrections and Justice Committee.
But come January, both sides of the aisle will have to come together during the legislative session, and at least some lawmakers appear to be on the same page.
“Her office needs to launch an investigation if she feels something is not being done correctly. I think the lives of our children are at hand, and they don’t have weeks and months to wait,” Chavez said.
“They could, as the statute is written, share the records, and so that was a concern. If we have to pass legislation, I feel like that’s kind of micromanagement. But if we have to pass that kind of legislation, I think we should,” Sedillo Lopez said.
Both Sedillo Lopez and Chavez said they’re open to recommendations from Walters. Walters said that, in addition to access issues, she cannot call or interview CYFD staff. She also wants the Legislature to fully fund her office and give it subpoena power.
Statement from CYFD spokesman Jake Thompson:
“CYFD has developed new process and procedures and has a dedicated team that now meets weekly with the Office of Child Advocate to share information and discuss priorities on child welfare issues. The department also has used GRO funds provided by the Legislature to expand our internal capacity to provide streamlined and more timely information to the Child Advocate. Finally, the Child Advocate recently was given access to the same information portal that law enforcement uses to examine CYFD cases, and we are responding to her requests.
CYFD remains committed to a productive working relationship with the OCA, because ultimately, both offices share the same goal: improving the quality of services for families in CYFD’s care.”
Recent Cases Involving CYFD
