>> WELCOME BACK TO THE LINE.
THIS WEEK A PROPOSED CLASS ACTION LAWSUIT WAS FILED
AGAINST CHILDREN, YOUTH AND FAMILIES DEPARTMENT AND HUMAN
SERVICES DEPARTMENT, CALLING THE STATE'S FOSTER CARE
SYSTEM, QUOTE, BROKEN.
AMONG OTHER THINGS, THE SUIT CLAIMS THERE AREN'T ENOUGH
FOSTER PARENTS, NOT ENOUGH TRAINING OR RESOURCES FOR
THOSE FOSTER PARENTS AND CHILDREN ARE BEING
RE-TRAUMATIZED AND DENIED MEDICAL CARE.
OFFICIALS POINT TO MANY IMPROVEMENTS IN THE LAST
SEVERAL YEARS BUT THE PLAINTIFFS IN THE CASE, WHICH
ALSO INCLUDES TWO NONPROFITS, SAY IT IS NOWHERE NEAR ENOUGH.
AND I WANT TO GET THROUGH FIRST, THE IDEA THAT THIS IS A
PROPOSED CLASS ACTION SUIT AS OPPOSED TO --
>> 11 INDIVIDUAL SUITS.
>> EXACTLY RIGHT.
AND THEY ARE NOT LOOKING FOR MONEY EITHER BUT JUST A
CORRECTION HERE.
WHAT IS THE DISTINCTION THERE?
WHY?
>> SO, REQUEST FOR CLASS ACTION IS ESSENTIALLY A
REQUEST FOR EFFICIENCY.
RATHER THAN HAVING TO BATTLE THIS ISSUE OUT AMONG
INDIVIDUALS, THAT ALLOWS PLAINTIFFS AND THE COURT TO
LOOK AT IT FROM A BIG PICTURE PERSPECTIVE.
WE GET VARYING EXPERIENCES OF THE DIFFERENT PLAINTIFFS AND
SO, THAT DOESN'T -- YOU HAVE TO ASK FOR IT AND MAKE THE
CASE THAT THIS IS A CLASS THAT MAKES SENSE TOGETHER AND THAT
IT SHOULD COME TOGETHER.
I THINK AS IMPORTANT, CERTAINLY TO THE PLAINTIFFS,
THE IDEA OF A CLASS ACTION IS IMPORTANT AND AS IMPORTANT TO
US ALL THOUGH IS THE IDEA THEY ARE NOT SEEKING FINANCIAL
REWARD, THEY ARE NOT SEEKING TO TAKE MONEY OUT OF THE CYFD
AND STATE GOVERNMENT.
THEY ARE INSTEAD LOOKING FOR CORRECTION.
AND, THAT IS SIMILAR IN MANY WAYS TO OTHER CASES THAT WE
HAVE SEEN HERE IN THE STATE.
I AM THINKING OF THE ONE THAT JUDGE SINGLETON RECENTLY
DECIDED.
I CAN'T 100% REMEMBER WHETHER THERE WAS MONETARY DAMAGES
ATTACHED BUT THE MAIN PURPOSE WAS WE HAVE GOT TO FIX THIS
AND WE HAVE TO GO TO THE COURTS TO FORCE YOU TO DO YOUR
JOB, WE WILL DO THAT.
AND SO THAT IS THE IDEA BEHIND THOSE TWO ELEMENTS.
>> WE START TO SEE A BIT OF A TREND HERE HOW THESE THINGS
ARE -- >> I THINK SO.
WE HAVE SEEN AS A STATE CERTAINLY IN ALBUQUERQUE, MANY
PEOPLE DON'T LOVE IT THAT DOJ IS IN WITH THE ALBUQUERQUE
POLICE DEPARTMENT BUT IT IS HARD TO ARGUE THERE HASN'T
BEEN MOVEMENT THERE UNDER THAT CONSENT DECREE.
WE SEE IT HAPPENING WITH THE CASE INVOLVING OUR STATE
EDUCATION SYSTEM.
THIS IS THE LATEST.
I EXPECT WE'LL SEE MORE OF THAT SORT OF THING AND IN MY
MIND A CASE WELL BROUGHT IN THAT ENVIRONMENT IS EXTREMELY
IMPORTANT TO THE HEALTH OF OUR COMMUNITY.
>> THERE YOU GO.
ADRIAN, INTERESTINGLY SOME OF THIS STUFF IS SO HORRIFIC TO
READ ABOUT.
THESE KIDS ARE LITERALLY ON THEIR OWN WHEN THEY ARE OUT
WITH THESE FOSTER FAMILIES.
THE ONE IDEA THEY ARE NOT GETTING THE TRAINING THEY
NEED, THE PARENTS, TO TAKE IN AN ALREADY TRAUMATIZED KID AND
JUST LEAVING IT UP TO THE PARENTS TO KIND OF DEAL WITH
THIS JUST SEEMS LIKE IT IS JUST NOT GOING TO WORK BY ANY
STRETCH HERE.
ARE THESE PLAINTIFFS RIGHT TO BRING A SUIT?
>> I THINK THIS IS A REFLECTION OF THE PAIN WE ALL
FEEL WHEN WE WAKE UP AND WATCH THE NEWS EVERYDAY, THE PAIN
THAT OUR COMMUNITY EXPERIENCES EVERYDAY IN NEW MEXICO.
YOU KNOW, I THINK WE NEED TO USE ALL THE TOOLS IN OUR TOOL
BOX IN ORDER TO CORRECT THESE SYSTEMS AND IF THAT MEANS
USING A LAWSUIT, BECAUSE OF INCOMPETENT OR UNABLE PEOPLE
IN LEADERSHIP AT THE TOP, THEN WE HAVE TO DO THAT.
YOU KNOW.
THIS REMINDS ME, THIS LAWSUIT REMINDS ME A LOT OF WHAT HAS
TAKEN 30 YEARS TO GET A SETTLEMENT OF THE HSD SUITS,
WHERE HSD WAS DENYING PROVISION OF NUTRITION
ASSISTANCE, BENEFITS TO PEOPLE USING OBSCURED BUREAUCRATIC
RULES JUST BECAUSE, AND YOU KNOW THIS IS AN ISSUE THAT
COMES FROM THE LEADERSHIP, YOU KNOW.
BECAUSE IT IS A LAME DUCK ADMINISTRATION, I AM -- THAT
IS LIKELY WHY WE DON'T SEE MORE UPROAR AND CALLS FOR
SECRETARY JACOBSON TO STEP DOWN, AND, YOU KNOW, WHEN YOU
PUT A TOURISM PROFESSIONAL IN CHARGE OF A DEPARTMENT THAT
SHOULD BE HEADED BY A TRAINED AND EDUCATED PROFESSIONAL IN
THAT AREA, OUR COMMUNITY SEES THE RESULTS OF THAT AND IT IS
TRAGIC.
>> TOM, WE COULD HAVE OUR ARGUMENTS WITH WHO IS AT THE
TOP OF THE FOOD CHAIN BUT IT IS ABOUT MONEY AND RESOURCES.
IF CYFD SAID, LOOK, WE RECRUITED 150 MORE FOSTER
PARENTS IN THE LAST SEVERAL YEARS, THERE IS INCREASES FOR
THIS AND THAT, BUT CLEARLY THEY ARE PLAYING CATCH UP BALL
AND YOU NEED MORE RESOURCES.
IS THIS LEGISLATURE WITH MORE MONEY IN THE BANK
ABLE TO HEAR THIS COMING UP, YOU THINK.
>> I THINK WHENEVER WE TAKE ABOUT THE LEGISLATURE AND
LOOKING AT FUTURE FUNDING FOR CYFD, WE HAVE TO LOOK AT THE
BIGGER PICTURE THAT THERE IS AN OPPORTUNITY FOR FUTURE
CONVERSATION, YOU KNOW.
I HAVE A DIFFERENT PERSPECTIVE THAN ADRIAN WITH RESPECT TO
SECRETARY JACOBSON FOR ANOTHER CONVERSATION, BUT THERE IS
GOING TO BE AN ADMINISTRATION CHANGE.
AND WITH THAT, I THINK, IT PROVIDES AN OPPORTUNITY THAT A
CLASS ACTION LAWSUIT THAT BRINGS TO THE TABLE.
THE ALBUQUERQUE JOURNAL THIS WEEK
HAD A VERY INSIGHTFUL EDITORIAL ON THE TOPIC WHERE
THEY SAY, PERHAPS THIS IS AN OPPORTUNITY FOR CONVERSATION
BECAUSE OFTENTIMES WHENEVER YOU HAVE A LAWSUIT IT IS A
SIGN THAT CONVERSATION HAS STOPPED.
IN AN EFFORT TO GET CONVERSATION MOVING.
WITH NEW ADMINISTRATION, WHETHER IT IS LUJAN GRISHAM OR
PEARCE, YOU'RE GOING TO HAVE THAT OPPORTUNITY.
AND SO, YOU KNOW, I THINK, LET'S USE IT AS AN OPPORTUNITY
AND WITH THAT TALK ABOUT WHAT IS THE FUNDING NEEDED.
CYFD IS NOT A CHERRY ASSIGNMENT FOR ANYONE, FOR ANY
STATE AGENCY, FOR ANY LEADER.
HEATHER WILSON WAS SECRETARY OF CYFD, HAD HER OWN ISSUES.
SO, WITH VERY FEW EXCEPTIONS, PEOPLE DON'T GO TO CYFD TO
MAKE THEIR CAREER.
THEY GO IN BECAUSE IT IS DIFFICULT AND THEY HAVE TO BE
PASSIONATE ABOUT IT AND HAVE THE RIGHT QUALIFICATION AS FAR
AS THE BACKGROUND, BUT IT TAKES AS GOOD MANAGER AND WHAT
WE ARE SEEING HERE AT THE END OF THE ADMINISTRATION WITH A
NUMBER OF DIFFERENT LAWSUITS THAT ARE BEING FILED IS JUST A
FRUSTRATION BY FAMILIES WHO JUST NEED TO HAVE ANSWERS AND.
SO HOPEFULLY WE'LL GET THAT WITH THE CHANGE OF NEW
ADMINISTRATION.
>> HUMAN SERVICES DEPARTMENT MENTIONED IS ALSO PART OF THIS
CLASS ACTION SUIT BECAUSE THERE IS A LOT OF INDICATIONS
THERE, A LOT OF KIDS HAD TO WAIT EXTRAORDINARY LONG
PERIODS OF TIME FOR BASIC MEDICAL SERVICE.
SOMETHING SEEMS BROKEN IN THAT PART OF THE SYSTEM AS OPPOSED
TO VISITS, TRAINING AND ALL THAT.
>> THE TEAM OF PROFESSIONALS AROUND THE CHILD, YOU KNOW,
THE CHILD PSYCHIATRISTS, SOCIAL WORKERS, CASA WORKERS,
AD LITEM, SOME OF THE MOST UNDERPAID PEOPLE WITHIN THE
SYSTEM.
>> I AGREE.
>> I THINK WE NEED TO ADDRESS THAT.
SO THAT IS A PART OF THE PROBLEM.
YOU KNOW, BIGGER PART OF THE PROBLEM IS WE JUST DON'T HAVE
ENOUGH FAMILIES.
WE HAVE 2600 KIDS IN THE SYSTEM.
900 ARE TREATMENT FOSTER CHILDREN.
THEY ARE HIGHER RISK AND WE HAVE 1300 FAMILIES.
>> I HAVE FOUR CHILDREN IN THEIR 20'S AND ONE OF THE
TRENDS I SEE AMONG MY CHILDREN'S PEERS, THEY ARE
WANTING TO FOSTER CHILDREN.
THIS TINY SAMPLE IS A MICROCOSM OF WHAT IS HAPPENING
IN SOCIETY, BUT THEY ARE FINDING IT REALLY DIFFICULT.
SO THE TURNOVER RATE IS HUGE, 25%, RIGHT?
ON THE OTHER HAND, MY OFFICE MANAGER WENDY ADOPTED SOME
TREATMENT FOSTER KIDS AND SHOUT OUT TO WENDY.
WE NEED MORE PEOPLE LIKE WENDY WHO UNDERSTAND THE CHALLENGES
AND DIFFICULTIES AND THEY NEED TO MENTOR THE PROSPECTIVE
FASTER FAMILY BECAUSE THAT WHOLE SITUATION IS NOT EASY.
WE NEED TO RECRUIT FAMILIES AND THESE ARE JUST FAMILIES
THAT ARE GOING TO TAKE CARE OF A CHILD, THESE ARE CHILDREN
THAT HAVE VERY, YOU KNOW, VERY SERIOUS ISSUES AND I AM GLAD
WE HAVE A LASER FOCUS.
THE REALITY IS IF WE TALK ABOUT HOMELESSNESS, YOU KNOW,
THIS POPULATION, LIKELY, YOU KNOW, PERCENTAGE WILL BE
HOMELESS, PERCENTAGE WILL DROP OUT OF HIGH SCHOOL.
PERCENTAGE WILL AGE WIND UP IN THE CRIMINAL JUSTICE SYSTEM.
SO THE LASER FOCUS THIS LAWSUITS BRINGS TO THE ISSUE
IS IMPORTANT.
>> APPRECIATE YOU SAYING THAT.
THE OTHER THING TO TALK ABOUT IS THE PLACEMENT OF NATIVE
AMERICAN KIDS AND THE DRIVE TO PLACE THEM WITH NATIVE
AMERICAN FAMILIES, BUT YOU DON'T HAVE ENOUGH IN THE
SYSTEM.
>> THERE IS A STATUTE.
THERE IS A REQUIREMENT THAT THAT HAPPEN.
AND JUST TO BUILD ON WHAT MARK SAID.
>> 20 SECONDS.
>> ALL RIGHT.
IT IS NOT JUST THAT IT NEEDS TO BE EASIER TO BECOME A
FOSTER PARENT, WE HAVE TO HAVE BETTER ASSURANCES THAT THE
PEOPLE WHO BECOME FOSTER PARENTS ARE NOT JUST QUALIFIED
BUT SAFE FOR THE CHILDREN.
>> GOOD POINT.
>> FOR MORE ON THE LAWSUIT HEAD TO THE WEBSITE
NEWMEXICOINFOCUS.ORG.
THERE WAS A LOT OF GOOD REPORTING ON THIS ISSUE THIS
WEEK.
AND THAT IS ALL THE TIME WE HAVE.
SO, THANK YOU FOR WATCHING
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