SANTA FE, NM— Earlier today, three Republican legislators sent a formal letter to the New Mexico Attorney General requesting clarification on the potential abuse of the Open Meetings Act [N. M. S. A. 1978, § 10-15-1] by the Children’s Youth and Families Department prohibiting public participation from the House Joint Memorial 10 Task Force on Foster Care Reform.

The letter asks for clarification by the New Mexico Attorney General to determine if this is a violation of the Open Meetings Act. State Representatives Kelly Fajardo (R-Los Lunas), Rebecca Dow (R-T or C), and David Gallegos (R-Eunice) all co-signed the formal letter.

“The task force was directed to make recommendations involving CYFD’s Protective Services Division’s policies and procedures,” said Rep. Rebecca Dow, a co-sponsor of the original House Joint Memorial 10, “Our intention with this task force was to reduce bureaucratic burdens, improve training, and study the benefits of placement stability. Most importantly, our goal was to improve the safety and well-being of children in the care of the child protective services system by improving the relationship between the children, CYFD and resource families.”

“Unfortunately, CYFD has decided to conduct these task force deliberations in a series of closed and private meetings where the public and other interested parties were never notified or invited,” said Rep. Fajardo, another co-sponsor of House Joint Memorial 10, “I have lost count of the number of complaints I have received from across the state relating to the way in which this task force continues to operate. I have heard concerns from sitting task force members, social workers, providers, foster parents and constituents. The message is clear: the public is upset that they are not being invited to participate in critical public policy creation.”

“We look forward to New Mexico’s Attorney General reviewing these Open Meeting Act concerns in an official manner and weighing in on this matter of open government,” Rep. David Gallegos said. “This task force is a body formed with the intent to determine public policy of a State Agency - just as the Open Meetings Act stipulates. If this task force continues to develop policy, such as policy recommendations- like the memorial requests- these meetings must be open and available to the general public.”

In the 2019 New Mexico legislative session, the legislature passed House Joint Memorial 10 which directed the Children’s Youth and Families Department to address critical issues and work together with the community to improve and reform the Child Protective Services division.