Whistleblower Alleges Cover-Up and Child’s Death

A whistleblower has filed a lawsuit against New Mexico’s Children, Youth & Families Department (CYFD), alleging that the department’s actions contributed to a child’s death and that she has been subjected to a hostile work environment in retaliation for speaking out.

The case stems from the whistleblower’s refusal to follow a supervisor’s orders regarding the relocation of a child to a safer environment, citing concerns that the child’s current living situation was dangerous. Ben Gubernick, the attorney representing the whistleblower, claims that CYFD intentionally created a hostile work environment to force employees to quit. “They push you out,” Gubernick said. “They will make your life miserable until, hopefully, you quit. This is a concerted effort to get someone to quit for doing their job well.”

The lawsuit alleges that in September 2023, the whistleblower was overseeing a case involving five siblings after reports of abuse and neglect. CYFD had previously placed the children in the custody of their mother under a “trial home visit,” but the oldest sibling was involved with street gangs, including incidents with a firearm. According to the whistleblower, the children’s mother admitted she could not care for them and needed assistance.

Gubernick noted that everyone, including the supervisor, knew about the mother’s struggles, and she pleaded for help. The whistleblower reportedly confirmed the situation was dangerous, warning that the children would be at risk if they weren’t removed from the home. Despite this, the supervisor allegedly insisted that the children remain with their mother, citing a caseload issue.

The lawsuit further claims the supervisor directed the whistleblower not to enter this crucial information into the CYFD database. The whistleblower ignored the directive, believing it was essential to document the situation. Gubernick described the situation as evidence of deep systemic problems within CYFD.

In January 2024, the case was heard in Children’s Court, but the supervisor reportedly withheld key information from the judge, leading to the dismissal of the case. As a result, the mother was granted permanent custody of the children. Tragically, the oldest child was shot in the head in Hobbs, New Mexico, the following month, and died two days later.

Gubernick questioned the motives of those working in child protective services, stating, “There are all sorts of jobs where you can be lazy, and no one will die. Why are you working at Child Protective Services if you can’t do your job?”

In response, CYFD issued a statement to NewsNation affiliate KRQE, acknowledging that it takes all claims seriously but declined to comment further as the case is ongoing. “It would be premature to comment at this time as this case is currently pending litigation,” the department said, adding that it will respond appropriately once it has reviewed the claims.

As of November 30, the whistleblower remains employed by CYFD.

source