NM AG Raúl Torrez Launches Investigation Following Death of Child in Foster Care

Albuquerque – Earlier this afternoon Attorney General Raúl Torrez announced that the New Mexico Department of Justice will be opening a formal investigation into the circumstances leading up to the recent death of a 16 yr. old boy in New Mexico’s foster care system. The Attorney General has also directed his attorneys to look into other recent cases involving the death and/or serious injury of children who had been referred to or were under the supervision of the Children Youth and Families Department (CYFD).  

“Jaydun’s death is just the latest example of a broken system that continues to fail New Mexico’s most vulnerable children,” said Attorney Raúl General Torrez. “We are heartbroken that yet another child has lost his life in CYFD’s care and profoundly frustrated about the lack of basic information about the circumstances which led up to this tragedy. We owe it to Jaydun and to all the other children that rely on CYFD to find out the truth so that this never happens again.”  

Preliminary reports indicate that Jaydun was one of several children who was being housed at a CYFD office before then being transferred to a recently opened congregate care facility operated by AMI Kids. This placement is contrary to the legal obligations imposed on CYFD under the Kevin S. settlement agreement and strongly opposed by child welfare experts who have noted the adverse effects on the mental health of traumatized children like Jaydun.  

“Jaydun’s death is a devastating reminder of what happens when vulnerable children—especially those with disabilities or behavioral health needs—fall through the cracks of a broken system,” said Gary Housepian, Chief Executive Office of Disability Rights New Mexico. “We’ve been raising alarms for years about placements in congregate settings, and its long past time for a comprehensive, independent investigation. We stand ready to coordinate our investigation of this death, monitoring of facilities and to support the Attorney General in demanding the transparency and accountability these children and youth deserve.” 

“Every child in foster care deserves safety, dignity, and the chance to heal. Jaydun’s story is not an isolated tragedy—it reflects a system that is overwhelmed, under-resourced, and too often unaccountable,” said Maralyn Beck, Director, New Mexico Child First Network. “We commend the Attorney General for taking this seriously and initiating an investigation. The foster families we work with want change just as badly. It’s time to listen, to act, and to build a system that puts children first.” 

In addition to Jaydun Garcia’s death, the Attorney General’s investigation will examine other recent examples of children who have died or have been placed back into unsafe environments after being referred to CYFD for possible abuse and neglect.  

The investigation into these incidents will not only seek to develop a detailed record of the events leading up to the deaths or great bodily injury of children under CYFD’s supervision but also the policies, procedures and personnel involved. The goal is to provide a comprehensive guide for the incoming Office of the Child Advocate which will be housed at the New Mexico Department of Justice and will be funded by the Department, despite Governor Michelle Lujan Grisham’s attempt to veto its funding.  

The NMDOJ’s team, in coordination with child advocacy experts and legal specialists, will lead the inquiry. The NMDOJ is also calling on current and former case workers, foster families, and youth impacted by the system to come forward with information.