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Committee endorses Office of the Child Advocate bill after debate on independence and staff protections
Summary
The House Health & Human Services Committee voted to give HB5 a due‑pass recommendation after hearing proponents who argued the bill would create independent oversight of children in state custody and opponents, including CYFD leadership, who warned of conflicts and confidentiality concerns. Vote: 9–1.
The House Health & Human Services Committee voted to give House Bill 5, the Office of the Child Advocate Act, a due‑pass recommendation by a 9–1 roll call after a hearing featuring representatives, legal experts and state officials.
Rep. Michelle Paulina Abeyta, the bill sponsor, told the committee that “New Mexico children are dying in CYFD custody” and argued the state needs an independent office to investigate and report on the safety and well‑being of children removed into state care. Anjana Samant, deputy counsel at the Department of Justice, described the office’s proposed structure and said it would be “independent and competent,” with a selection committee for the head designed to reduce the risk of undue influence.
The bill would create an Office of the Child Advocate (OCA) administratively housed in the Department of Justice but with statutory autonomy over investigations and referrals. Samant said the OCA could investigate fatalities in state custody, obtain testimony, assess whether constitutional rights were violated and refer cases to the attorney general. The office would file a mandatory annual report to the Legislative Finance Committee with data on removals, returns and implementation of the Indian Child Welfare Act and the Indian Family Protection Act.
CYFD Secretary Theresa Gonzales opposed the administrative link to the attorney general’s office, saying the DOJ’s role as state litigator could create jurisdictional conflicts and that personnel investigations are confidential under state rules. Gonzales and other witnesses said existing mechanisms — including an Office of Performance and Accountability created in August 2023 and requirements from the Kevin S. settlement — already provide certain oversight and grievance processes.
Supporters, including Marilyn Beck of the New Mexico Child Protection Network, described the OCA as a watchdog and problem‑solver to address systemic blind spots in child welfare. Committee members pressed proponents on jurisdiction, tribal collaboration and the OCA’s annual reporting; Samant said the bill requires staff to have specialized training in ICWA and IFPA and that the office would be able to refer matters to the DOJ for further action.
Following questions, Rep. Sena Cortez moved a due‑pass recommendation and Representative N. Chavis seconded. The motion carried by roll call, 9 in favor and 1 opposed. The committee record shows the committee recommended passage to the next legislative stage but did not itself adopt the bill into law.
The measure now proceeds to the next committee or floor action for further consideration and possible appropriations.
