Plaintiffs and New Mexico Reach Stipulated Remedial Order No. 4 in Kevin S. v. Blalock
New Order Acknowledges Initial Inter-Agency Progress, Confronts Additional Steps Required to Stop On-going Harm to Children in State Custody, and Lays the Groundwork for the Next Administration
ALBUQUERQUE, NM —Plaintiffs and the Children, Youth and Families Department
(“CYFD”) and the Health Care Authority (“HCA”) agreed to a Stipulated Remedial Order No. 4
in the landmark child welfare case Kevin S., et al. v. Blalock. The Order, entered by the
Arbitrator on September 23, 2026, acknowledges that while CYFD and HCA made some
structural progress and improved inter-agency cooperation required to build capacity necessary
to ensure that all children in state custody are in proper placements and receiving desperately
needed services, significant work also remains. The detailed accountability mechanisms
contained in the Order are designed to maintain momentum during the upcoming change in
gubernatorial administrations.
Acknowledging Progress
The Order confirms that the State has made interim, measurable improvements in several areas.
As previously reported to the Arbitrator:
- CYFD reached 40% of its 2026 non-relative resource home recruitment target by mid
year, although it remains to be seen if CYFD will meet end of year targets. - CYFD implemented a data dashboard that can accurately track caseloads required to
prioritize continued recruitment efforts and decrease caseworker turnover. - CYFD established a foster parent advisory council designed to raise foster parent
concerns for action by CYFD. - The State has maintained high rates of completion of timely well-child visits for children
in State custody, driven by daily coordination meetings among CYFD, HCA, and
Presbyterian Health Plan leadership.
Serious Remaining Challenges
The Order also confirms the shared understanding of the Parties about critical next steps the
State must take to make on-the ground improvements to the lives of children in state custody
who are currently at risk of harm, including those placed in inappropriate congregate settings and
subjected to critical incidents.
Key findings and agreements include:
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Kevin S. v. Blalock — Press Release - Although CYFD improved caseloads through this year’s recruitment efforts, it failed to
meet its interim goal that 50% of caseworkers would meet the agreed upon caseload
standard by July 1, 2026. In the Order, CYFD renewed its 2026 year-end caseload
obligation and agreed to additional 2027 caseload obligations necessary to stabilize its
workforce. - Although CYFD and HCA took initial steps this year to define and track critical
incidents, the majority of which occur in congregate care facilities, its critical incident
policy still needs to address psychotropic medication oversight, 911 calls, seclusion,
restraint, and suicide attempts. The Order requires CYFD and HCA to not only track
critical incidents but to take steps to respond to them to stop the harm to children,
including those in inappropriate congregate placements. - The State has also agreed to take steps to bring children in out-of-state placement back to
New Mexico and decrease by at least 15% the number of days children in state custody
spend in residential treatment centers in 2027. - HCA agreed to take initial steps aimed at reducing the number of children with
developmental disabilities in out-of-state residential treatment centers. - HCA and CYFD reaffirmed their commitment to expand availability and eliminate
barriers to access services core to the newly created Foster Care Plus program and
required to provide meaningful and appropriate Foster Care Plus placements, which are
vital to reducing and eliminating harmful congregate care placements. - Although HCA met with existing Treatment Foster Care providers and has made initial
plans to bring in new Treatment Foster Care providers, Treatment Foster Care placements
reached only 19% of the 2026 target of 116 placements from January through May 2026.
The Order commits HCA to bring in new Treatment Foster Care providers and to meet
benchmarks to improve access to Treatment Foster Care placements, also vital to
reducing and eliminating harmful congregate care placements. - HCA renewed its 2026 year-end obligations to expand access to, and utilization of,
evidence based mental health services and agreed to additional 2027 obligations
necessary to build a mental health system of care for children impacted by trauma.
Ensuring Continuity Through Administration Transitions
Negotiation of this Order focused on the administration transition. For children in state custody,
a change in administration does not pause their lives—their needs for safety, stability, and
services continue without interruption. By affirming the Arbitrator’s continued jurisdiction and
committing the parties to additional meetings and hearings in 2027, the Order includes specific
accountability mechanisms to ensure continuity.
Statement from Plaintiffs’ Counsel
“The focus for all of us in New Mexico must be on the real-world impact of known system-of
care failures on our most under-resourced children and families. CYFD caseworkers are
dedicated professionals who have undertaken critically important work — but they cannot do
that job when there are not enough services, placements, and supports available for the children
and families they serve. This agreement reflects specific commitments to improving capacity,
and we acknowledge the hard work behind it. But it also reflects a system that is still failing too
many children, especially those in congregate care settings who deserve — and are legally
entitled to — safe, family-based placements with access to the behavioral health services they
need. New Mexico’s political leaders must keep the experiences of children in foster care and
their families front and center — not just during campaign seasons, but in every budget, every
legislative session, and every leadership transition. The solutions are clear. The barriers are well
documented. What New Mexico needs now is the sustained resources and leadership to execute
the plan in place and get the job done — and this order ensures that the next administration
inherits not just the obligation, but a roadmap for meeting it.” Tara Ford, Public Counsel.
Background
Kevin S., et al. v. Blalock is a class action on behalf of children in the custody of New Mexico’s
child welfare system. The case is being administered through binding arbitration proceedings.
Plaintiffs are represented by Public Counsel (Tara Ford and Katrina Landeta), Keegan,
Richardson, Solimon & West, L.L.P. (Christina West and Kayla Jankowski), and Martinez, Hart,
Sanchez & Romero, P.C. (F. Michael Hart). The State is represented by Jackson Loman Downey
& Stevens-Block, P.C. (Travis Jackson and Eric Loman).
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