Whistleblower files lawsuit against CYFD following death of child
HOBBS, N.M. (KRQE) – A whistleblower is taking legal action against New Mexico’s Children, Youth & Families Department (CYFD) with claims the department’s actions led to a child’s death and that she’s been subject to a hostile work environment in retaliation for speaking out.
The lawsuit comes after the employee refused to obey directions from a CYFD supervisor, as the whistleblower tried to relocate a child to a better home, claiming the child’s living situation was dangerous.
“They push you out,” said Ben Gubernick, the attorney representing the whistleblower. “They will make your life miserable until, hopefully, you quit. This is a concerted effort to get someone to quit for doing their job well.”
According to the lawsuit, in September 2023, the whistleblower oversaw a case involving five siblings following reports of abuse and neglect. A few months prior, CYFD had custody of the children, but decided to let them stay with their mother on a “trial home visit.” The oldest sibling was considered an “at-risk youth” and was involved with street gangs, leading to incidents involving a gun.
The whistleblower claims the children’s mother told her, and other CYFD staff, she was not in a position to take care of the kids and needed help.
“She knew it,” said Gubernick about the supervisor’s knowledge about the mother’s need for assistance. “Everyone knew it, and she was begging for help, and they just ignored her.”
The caseworker was able to confirm the reports, telling her supervisor it was “only a matter of time before someone died” if the children were not removed from the home. However, the lawsuit states the supervisor had other plans.
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“Hey, we got too many cases, so we’re just going to put this kid, who’s in our custody, in an extremely dangerous situation and hope for the best,” Gubernick said.
The employee said she was told by her supervisor not to report that data to the CYFD data base. She did so anyway, believing it was the right thing to do.
“This is just an example of how deep the rot goes within CYFD,” Gubernick said.
The lawsuit said the case went before Children’s Court in January of this year, but the supervisor hid that information from the judge. As a result, the case was dismissed, and the mother was given permanent custody of the children. A month later, the oldest child was shot in the head in Hobbs, New Mexico. He died two days later.
“There are all sorts of jobs where you can be lazy, and no one will die,” Gubernick added. “Like, do one of those jobs. Why are you working at Child Protective Services?”
CYFD sent News 13 a statement: “The New Mexico Children, Youth and Families Department (CYFD) takes all claims and allegations seriously. It would be premature to comment at this time as this case is currently pending litigation. Once CYFD has had an opportunity to review the claims, we will respond appropriately through the legal process.”
As of November 30, the whistleblower is still employed by CYFD.
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