Whistleblower files lawsuit against CYFD following death of child

HOBBS, N.M. (KRQE) – A whistleblower is taking legal action against New Mexico’s Children, Youth & Families Department (CYFD) with claims the department’s actions led to a child’s death and that she’s been subject to a hostile work environment in retaliation for speaking out.

The lawsuit comes after the employee refused to obey directions from a CYFD supervisor, as the whistleblower tried to relocate a child to a better home, claiming the child’s living situation was dangerous.

“They push you out,” said Ben Gubernick, the attorney representing the whistleblower. “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.”

According to the lawsuit, in September 2023, the whistleblower oversaw a case involving five siblings following reports of abuse and neglect. A few months prior, CYFD had custody of the children, but decided to let them stay with their mother on a “trial home visit.” The oldest sibling was considered an “at-risk youth” and was involved with street gangs, leading to incidents involving a gun.

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