The New Mexico Children, Youth, and Families Department has agreed to a $5.5 million settlement in a lawsuit arising from the wrongful death of an eight-year-old girl, as outlined in a settlement agreement filed in the First District Court.
The lawsuit, filed in 2022 by attorneys representing the child's estate and surviving sibling, alleged wrongful death against CYFD. The complaint claimed that CYFD officials neglected their duty to provide a safe home for the children and placed them with their father, despite months-old statements from the children about his abuse. In August 2020, the girl's father was convicted of intentionally abusing her, resulting in her death, and tampering with evidence. He received a mandatory life sentence.
The children had entered state custody following the sudden death of their mother, their sole caretaker, in 2020. The complaint argued that CYFD disregarded the children's reports of abuse by their father before placing them in his care in Carlsbad. The agency had previously investigated the family twice before the children entered state custody.
Despite knowledge of the father's history and past harm reports, CYFD placed the children in his care, according to the complaint. Under the terms of the settlement agreement, the law firms representing the child's family will receive $4.8 million, with the remaining funds allocated to various recipients, including the surviving sibling.
The $4.8 million will be placed in a trust managed by the law firms, and after deducting legal fees, the remaining amount will be placed in another trust for the surviving family member, as directed by the court. The settlement, like most, releases CYFD from all claims made in the civil lawsuit.
A spokesperson for CYFD expressed condolences for the tragic death of the child, stating that she deserved a happier and safer childhood. However, the agency did not directly address the systemic failures highlighted in the civil complaint or mention any new practices implemented to prevent similar tragedies in the future.
