Public Counsel, Disability Rights New Mexico, Stanford Law School’s Mills Legal Clinic, and legal partners secure the latest milestone in the ongoing enforcement of a landmark settlement requiring the state to build a trauma-informed system of care for New Mexico’s children and families.
- For media inquiries, email Alex Comisar with Actum here.
- Read Stipulated Remedial Order No. 3 here.
- For more on Kevin S. v. CYFD, click here.
SANTA FE, NEW MEXICO, March 2, 2026 — Today, an arbitrator adopted Stipulated Remedial Order No. 3 in Kevin S. v. CYFD, the latest milestone in the ongoing enforcement of a landmark 2020 settlement aimed at transforming New Mexico’s foster care system. The agreement between the parties sets clear timelines and benchmarks across critical areas, including caseworker caseloads, resource family recruitment, well-child visits, treatment foster care placements, and the handling of critical incidents. Status hearings are currently scheduled for July 21 and September 23–24, 2026.
The parties issued a joint statement:
“In reaching the Kevin S. settlement several years ago, the parties committed to working together to reform the child welfare system with a goal of ensuring New Mexico’s vulnerable children receive the care, security, stability, services, and opportunities they deserve. Agreement on the third remedial order acknowledges the hard work of the parties to understand the challenges facing the State and a commitment to continue working together on priorities that benefit children in State custody.
“It is also an acknowledgement that the State has made foundational progress in recent months in key areas of Kevin S. Remedial Order Nos. 1 and 2. With this progress, we have reached an important crossroads, but the work must continue with urgency and will not be finished until every child in state custody is safe, living in stability, and can thrive.”
For years, New Mexico’s foster care system failed its most vulnerable children. Kids entering state custody — already carrying the trauma of separation, neglect, and loss — were cycled through unstable placements, denied access to medical and mental health services, and left without the trauma-sensitive care they needed to heal. Chronic understaffing, undertrained resource families, and a lack of behavioral health expertise left caseworkers overwhelmed and children without adequate support.
To hold the state accountable, Public Counsel, Disability Rights New Mexico, Stanford Law School’s Mills Legal Clinic, and a coalition of legal partners filed a federal lawsuit against the Children, Youth, and Families Department (CYFD) and the Health Care Authority (HCA) in September 2018. The suit alleged systemic failures that put children in foster care at serious risk of harm. In March 2020, the parties reached a Final Settlement Agreement in which CYFD and HCA committed to building a trauma-informed system of care for New Mexico’s children and families.
When the parties reached the Kevin S. settlement, they made a promise together to fix New Mexico’s child welfare system. This agreement is a reflection of that promise — and the continued effort to make real, lasting change for the children who depend on it. CYFD brought in Brenda Donald, former Maryland Child Welfare Secretary, to help meet workforce and foster parent recruitment commitments, and Kathy Kunkel, former New Mexico Cabinet Secretary, who built a team focused on resolving barriers affecting children in state custody. HCA has committed to benchmarks for expanding community-based services and treatment foster care. The State is committed to expanding “Foster Care Plus” — a model of enhanced foster care placements that provides additional training, supports, and services to help families better care for children. These are signs of a state making a concerted push toward meaningful, lasting improvements designed to sustain well beyond the current administration.
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