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Lawmakers press staff on oversight changes after creation of Office of the Child Advocate and family-representation office
Summary
Committee members questioned how the newly created Office of the Child Advocate and the Office of Family Representation and Advocacy will interact with CYFD and whether reforms (SCAC relocation, a CYFD nominating committee, and a constitutional commission proposal) will improve accountability and funding transparency.
The Legislative Finance Committee's briefing devoted a sustained block to governance and oversight proposals aimed at improving accountability for the Children, Youth and Families Department (CYFD).
Members repeatedly asked where the Office of the Child Advocate fits in the chain of accountability. Carly Malone told the committee the office is administratively attached to the Attorney General's Office but functions independently as an ombudsman that can investigate complaints about CYFD. "There is not the ability for the Office of the Child Advocate to force changes at CYFD," Malone said; she added the office can investigate and "perhaps work collaboratively with CYFD to remedy" shortcomings.
Committee members also questioned the new Office of Family Representation and Advocacy. Senator Trujillo and others asked how the office can represent both parents and children without a conflict of interest. Malone and a panelist explained the office uses contracted attorneys to avoid conflicts and often assigns separate attorneys (one for the child, one for the parents or family) to preserve independent advocacy.
Staff reviewed several governance reforms recommended by the Senate Memorial 5 Task Force and by LFC analysis: moving the Substitute Care Advisory Council (SCAC) out of the Regulation and Licensing Department (RLD) to increase independence; creating a permanent grievance-review function for CPS-involved people; setting up a CYFD nominating committee to produce a list of qualified secretary nominees for the governor; and exploring a Children, Youth and Families Commission via a constitutional amendment to provide long-term oversight.
Members who had worked with SCAC for years said the council had been underfunded and administratively constrained, and they supported increased funding and independence. Malone noted other states house citizen-review boards differently (judicial branch, HHS or standalone) and that 33 states (34 including New Mexico) now have child-advocacy/ombudsman offices.
Lawmakers requested additional detail on roles and funding, and several members urged clearer qualifications for any nominating committee and stronger statutory language to maximize federal reimbursement for prevention programming.
The committee asked staff to provide follow-ups on SCAC staffing and budget, the Office of the Child Advocate's authority and reporting, and comparisons to other states' oversight structures.
