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CYFD Ombuds Bill Clears Committee

Rep. Michelle Paulene Abeyta, sponsor of House Bill 5, at the Roundhouse, Feb. 7, 2025.
Rep. Abeyta FB
Rep. Michelle Paulene Abeyta, sponsor of House Bill 5, at the Roundhouse, Feb. 7, 2025.

A bill that would provide new oversight of the heavily criticized Children Youth and Families Department is on its way to the Senate floor.

After years of growing concerns over a lack of institutional transparency and diminishing safety for children in its care, CYFD was mentioned in dozens of measures this session, including around 20 focused mainly on the department.

Some are moving fairly briskly through the chambers, some not.

One bill that appears to be on track to make it to the governor’s desk is House Bill 5, which would create an Office of the Child Advocate that would provide wide-ranging ombudsman-style supervision of CYFD.

Bill sponsor and freshman representative from To’hajilee, Michelle (Paulene) Abeyta, while introducing the bill in the Senate Judiciary committee Wednesday night, explained that she and her husband have been kinship caregivers to two young boys for the past three years.

Then she painted a succinct picture of how some children in the state are less fortunate than the ones under her care.

“ Unfortunately, today, there are too many children in our state's custody who do not have anyone in their corner and what's happening to those children," Abeyta said. 

"They're suffering. They're living in office spaces. They're not receiving much needed services. They're being placed in unsafe homes. They're being sexually assaulted, raped by family members, including siblings; and dying."

According to an analysis from the Administrative Office of the Courts, the director of the new office would carry the title of State Child Advocate, and would be selected by a committee of nine whose members are selected by the governor, legislature, attorney general, and supreme court.

The Office of Child Advocate’s long list of oversight duties would include reviewing all CYFD services, policies, and procedures; investigate complaints about CYFD; adopt rules, and compile an annual report.

Near the end of the committee discussion, Senate Judiciary chair Joseph Cervantes admitted that he supported the bill after resisting similar measures in prior years.

He then said he respected CYFD cabinet secretary Teresa Casados for coming to legislative debates about the department but said directly to her that it hasn’t improved under her leadership.

“ She's been here every time we've had a meeting. In the interim, she's been courageous to show up—but  you're failing. And I can't put it nicely—and your predecessor failed too,  and I can't put that nicely. Harsh words, and I know they're going to sting.“

If passed by the Senate and signed by the governor, the bill would allow for the state’s first child advocate to take office in July.