Frequently Asked Questions

The Office of the Child Advocate is an independent, impartial entity that serves in an ombudsperson capacity to receive and investigate complaints about CYFD, monitor systemic issues and critical incidents, advocate to resolve issues, and make recommendations to improve safety and outcomes for children.

The OCA does not provide legal advice or representation or advocate on behalf of any one party involved in a case or conflict. Instead, the OCA advocates for the well-being of children and the integrity of the child welfare system.

The OCA has authority to independently investigate CYFD-related concerns, including foster care placements and juvenile justice facilities, and when appropriate, recommend prompt and fair resolution on an individual and systemic basis.

No. The Office of the Child Advocate is an independent, impartial state agency with legal authority to review CYFD's services, policies, procedures, and placements, investigate CYFD-involved cases, and make recommendations to improve CYFD and the child welfare system.

No. While the OCA is administratively attached to and receives administrative support from the NMDOJ, it is a separate, independent entity and retains autonomy over any actions it takes or decisions it makes.

However, the law that created the OCA requires the OCA to refer findings of “a violation of federal or state constitutional rights, reckless disregard for the health and safety of a child or a pattern of conduct or repeated incidents of violating laws and rules relating to child and family welfare” to the NMDOJ to determine if it is appropriate to bring a civil cause of action for declaratory or injunctive relief against CYFD.

Read Section 32A-30-6, Office of child advocate; powers; duties, on NMOneSource.com

The Office of the Child Advocate is here to listen, advocate, and review concerns. However, there are limits on the OCA's authority and it is unable to:

• Investigate abuse or neglect
• Respond to emergencies or take custody of children
• Investigate in cases that do not involve action or inaction by CYFD
• Change or reverse CYFD decisions or force CYFD to take certain action
• Investigate misconduct or issue discipline against CYFD workers, attorneys, judges, or law enforcement
• Intervene in criminal or civil court proceedings or overturn court orders
• Issue payments or change subsidy amounts
• Provide case records
• Offer legal advice or representation

No. Reports and complaints made to the OCA are confidential and a complainant's identity will not be disclosed without permission or unless court-ordered.

No. The OCA is unable to provide legal advice or representation. However, the OCA may be able to provide resources to assist you. If you are in need of legal assistance or help finding an attorney, please review the New Mexico Legal Resources Guide (PDF) or contact the State Bar of New Mexico.

If you have a court case with CYFD and need help reaching your attorney, please contact the Office of Family Representation and Advocacy at 505-222-9201.

The OCA is not an emergency first responder and its communications are not monitored 24/7.

If you have concerns for abuse, neglect, or the safety of a child, please call CYFD's Statewide Central Intake (SCI) child abuse reporting line at 1-855-333-SAFE (7233) or dial #SAFE from a cell phone.

If a child is in immediate danger, please first call 911 or local law enforcement, then contact CYFD.

Please note that all New Mexicans are mandated by law to report concerns for abuse and neglect to CYFD, local law enforcement, or the appropriate tribal law enforcement or social services agency.

Anyone can contact the OCA to report concerns, file a complaint, or request advocacy. Please note that the OCA does not investigate cases where CYFD is not already involved or that do not involve CYFD action or inaction.

No matter your role or relationship to a child, the OCA is here to listen, respond, and advocate. We believe every voice matters, and every concern deserves to be heard.

You can contact the OCA through the online portal (recommended) or by phone, email, or mail. Please see the Request Advocacy page for more information.

The OCA confirms receipt of the complaint within 2 business days.

The OCA reviews the complaint and determines if it meets criteria for further review or advocacy, and may contact the complainant or review records if additional information is needed.

The OCA notifies the complainant of next steps within 30 days, which may include providing information, advocacy, monitoring, or whether no further action will be taken.

The OCA provides the outcome of the investigation to the complainant and the subject(s) of the complaint within 90 days of completing the investigation.

Possibly. The OCA has the legal authority to provide oversight of CYFD and to investigate CYFD-involved cases. Upon receipt of your complaint, the OCA will review it and decide how the issue will be addressed or whether no further action will be taken. Depending on the specific circumstances, the OCA may be able to assist you in resolving your concern, contacting CYFD to advocate for resolution of the issue, and/or making recommendations to resolve the issue.

However, OCA does not have the authority to mandate that CYFD, the court system, or any other entity take a particular action or reverse a decision.

No. The OCA is only able to review cases with CYFD involvement. However, the OCA may be able to provide information or resources to assist you. If you are in need of legal representation or help finding an attorney, please review the New Mexico Legal Resources Guide (PDF) or contact the State Bar of New Mexico.

If you have questions or concerns but are not ready to submit a complaint to the OCA, please email the OCA at contact@nmoca.gov.

We can share information and resources to address your questions or concerns, including contact information to reach the appropriate CYFD staff, including the Office of Advocacy or Office of Inspector General.

If you have already tried to contact your worker or voice your concern and feel you have not received an adequate response, you have the right to speak with the next level of management in the “chain of command” within CYFD.

We suggest starting by contacting your worker's supervisor or manager, who will have a better understanding of the case, rather than going straight to the highest level of management.

You can contact CYFD's internal Office of Advocacy at cyfd.advocacy@cyfd.nm.gov to make them aware of the issue and request assistance.

If you have an urgent or after-hours concern and cannot reach someone on your CYFD team, please call CYFD Statewide Central Intake at 1-855-333-SAFE (7233), which is staffed 24/7.

Yes! The OCA is for anyone who has concerns with CYFD. Children and youth in foster care or involved with CYFD are important and deserve to be heard and safe.

If you are a child or youth in foster care, did you know that you have rights? You can review the Child and Youth Bill of Rights (PDF).

If you are involved with juvenile justice or receiving mental health or developmental treatment, you also have rights.

CYFD has a Child and Youth Bill of Rights (PDF) for children in foster care, as well as a Foster Parent Bill of Rights (PDF).

While OCA cannot directly address these issues, we can provide assistance and resources. These matters fall under the Health Care Authority.

For matters related to child support, please contact the HCA's Child Support Services Division at 1-800-283-4465 or by email at Child.Support@hsd.nm.gov.

For matters related to income support and public assistance, such as TANF and SunBucks, please contact the HCA's Income Support Division at 1-800-283-4465 or by email at ISD.ConstituentServ@hsd.nm.gov.

For matters related to Medicaid, please contact the HCA's Medical Assistance Division at (505) 827-3100 or MADInfo.HCA@HCA.nm.gov.

The New Mexico Early Childhood Education and Care Department (ECECD) is best able to assist in this area. Please email child.care@state.nm.us; call 1-800-832-1321; or visit your local field office (view the list of statewide child care assistance offices (PDF)). You can also visit ECECD's child care assistance page for more information.

To submit an IPRA request or obtain your CYFD records, provide your name and contact information and a description of the records you are requesting to the CYFD records custodian:

• By email at Kathleen.Hardy@cyfd.nm.gov
• By mail to Kathleen Hardy, New Mexico CYFD, P.O. Drawer 5160, Santa Fe, NM 87502-5160

Additionally, please complete the following form:

• Protective services records requests in open cases (PDF)
• Protective services records requests in closed cases (PDF)
• Juvenile justice record requests (PDF)