Warn Silence Undermines Public Trust

Santa Fe, NM — Senators Nicole Tobiassen (R–Albuquerque) and Crystal Brantley (R–Elephant Butte) are calling for immediate transparency and accountability following troubling findings regarding the use of legislative appropriations within the New Mexico Children, Youth and Families Department (CYFD).

Last week, the Senators formally requested that the Office of the State Auditor and the Office of the Child Advocate provide lawmakers with the complete audit materials and deliver a joint briefing to an appropriate legislative interim committee. The request follows findings indicating that millions of dollars appropriated by the Legislature for children's behavioral health services may have been used for unauthorized purposes.

Despite the seriousness of the findings, neither agency has provided the requested materials or confirmed when lawmakers will receive a full briefing.

"Evidence of these unauthorized expenditures surfaced during a Legislative Finance Committee (LFC) hearing over eight months ago," said Senator Nicole Tobiassen. "In those eight months, despite swift action taken by myself and other state lawmakers, there has not been a single substantive action taken by those responsible. This is nothing short of a mockery to New Mexico taxpayers and it comes at the expense of vulnerable and neglected children in CYFD custody. Our so-called 'leaders' responsible for this must take accountability or step aside; the time for excuses and inaction is over."

The audit findings raise broader concerns about financial oversight and program management within CYFD — an agency responsible for protecting some of the state's most vulnerable children.

Senator Crystal Brantley said the situation highlights the importance of independent oversight structures within state government.

"This is exactly why I fought so hard to pass legislation creating a truly independent Office of the Child Advocate," Brantley said. "When agencies fail to provide transparency, there must be an independent watchdog capable of stepping in, asking hard questions, and giving lawmakers and the public the truth. The safety and wellbeing of New Mexico's children cannot be treated as an afterthought."

The Senators' request calls for:
• Immediate transmission of the full audit and supporting documentation to members of the Legislature
A joint presentation by the State Auditor and the Office of the Child Advocate at the next appropriate legislative interim committee meeting
• A discussion of policy reforms and accountability measures necessary to prevent similar misuse of funds in the future

Tobiassen and Brantley warned that continued silence from oversight agencies will only deepen public concern.
"When millions of dollars intended to help vulnerable children appear to be misused, silence is not an acceptable response," the senators said in a joint statement. "The people of New Mexico deserve transparency, accountability, and a system that protects children — not bureaucracy that protects itself."