Roadrunner Capitol Reports
Legislation Detail

SJR 6/a CYFD COMMISSION & EXECUTIVE DIRECTOR, CA

Sen Jerry Ortiz y Pino

Actions: [2] SRC/SJC/SFC-SRC [6] DP/a-SJC

Scheduled: Not Scheduled

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Summary:
 Senate Joint Resolution 6 (SJR 6) proposes to amend the NM Constitution by adding a new section to provide for the creation of a Children, Youth and Families Commission and an executive director to direct the activities of the Children, Youth and Families Department, as provided by law.

 
Legislation Overview:
 Senate Joint Resolution 6 (SJR 6) proposes to amend the NM Constitution by adding a new section to provide for the creation of a Children, Youth and Families Commission (CYFC) that will begin on 1 January 2026. It will consist of three members, one each appointed by the governor, the senate president pro tem and the house speaker. The members serve six-year terms with the initial terms staggered over a six-year period. It provides for vacancies and requires the legislature to provide for removal and for professional qualification for the CYFC members.
SB  requires the CYFC to hire an executive director to oversee the CYF Department.

If passed, Senate Joint Resolution 6 (SJR 6) will be submitted to the people of the state who will approve or reject this proposed amendment at the next general election or at any special election prior to that date that may be called for that purpose.
 
 
Current Law:
 The New Mexico Children, Youth, and Families Department (CYFD) is an executive branch agency created as a cabinet department by statute in 1992 (9-2A-1 et seq NMSA 1978). It   is responsible for child protective services and juvenile justice services. 
Even though CYFD has been understaffed for several years, there was a hiring “pause” that left money on the table slated to fill staff vacancies in May 2023.  There has been a high rate of turnover in CYFD’s leadership positions. 
Both the Human Services Department and CYFD were defendants in the 2018 Kevin S. lawsuit, brought by 14 foster children on behalf of all others in the state.  The state settled the case in 2020 and agreed to reforms overseen by three independent monitors, or co-neutrals. Among the agreed changes, the state promised to place every foster child in a safe and appropriate home; create a new system of behavioral health care to help traumatized children; and stop its routine practice of housing foster kids in CYFD offices or homeless shelters. To date, the agreement has complied with 11 of the 49 agreed upon reforms. 

Sources: https://searchlightnm.org/state-of-chaos-new-mexicos-child-welfare-crisis-is-worse-monitors-say/
https://www.santafenewmexican.com/news/local_news/amid-staffing-crisis-3m-to-boost-cyfd-workforce-unspent/article_0ca34194-9a9f-11ee-8bd3-13f476c32fa3.html
https://en.wikipedia.org/wiki/New_Mexico_Children,_Youth,_and_Families_Department


 
Amendments:
 2/2/2024
The Senate Rules Committee amended SJR 6 (SRC SJR 6A) by increasing the number of members on the commission from three to five with the governor and the majority and minority leaders of both chambers each appointing one member. To create a staggered membership, the governor’s appointee has a two-year initial term; the house appointees, four-year initial terms; and the senate appointees, six-year initial terms.