HOUSE MEMORIAL 39

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Bill McCamley

A MEMORIAL

REQUESTING THE OFFICE OF THE STATE AUDITOR AND THE STATE PERSONNEL OFFICE TO INVESTIGATE AND ASSIST THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT IN INCREASING THE EFFECTIVENESS OF ITS PROTECTIVE SERVICES DIVISION BY INCREASING STAFF LEVELS.

     WHEREAS, in 2011, the legislative finance committee presented the children, youth and families department with a protective services evaluation documenting numerous possible problems in the department, including the statement that "... worker turnover, inefficient management structures, duplication of efforts, and other systemic issues have contributed to chronic case overloads that compromise child safety."; and

     WHEREAS, even though the legislature has continued to fund these services, the children, youth and families department shows that almost four million dollars ($4,000,000) per year has been reverted from its protective services division for fiscal year 2012 and fiscal year 2013; and

     WHEREAS, the child welfare league of America recommends that no more than twelve active cases per month be assigned to a social worker, while social workers in the protective services division average almost twenty-two active cases per social worker, according to children, youth and families department estimates; and

     WHEREAS, staffing level vacancies for the protective services division have remained unacceptably high, with the legislative finance committee reporting these vacancy levels to be consistently at thirteen percent to fifteen percent; and

     WHEREAS, the services provided by the protective services division, in protecting the most vulnerable children in the state, are consistently documented as some of the most difficult services to provide, with Governor Susana Martinez stating to the Albuquerque Journal that the agency "has had a 'revolving door', due largely to employee burnout and the difficult nature of the job"; and

     WHEREAS, independent reports show that since 2011, one in four cases referred for investigation to the children, youth and families department results in a child waiting more than thirty days for a result; reports of neglect and abuse have risen twenty-seven percent since 2011, with an increase of one thousand cases from 2012 to 2013; and more children were subject to abuse after a previous investigation in 2013 than in 2012; and

     WHEREAS, it is the role of the New Mexico legislature to provide accountability on behalf of its constituents; and

     WHEREAS, the trend of problems with children continuing to increase, combined with a decrease in resources used by the children, youth and families department, is extremely concerning;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the office of the state auditor be requested to:

          A. evaluate that all federal, state and agency regulations are being adhered to by the children, youth and families department;

          B. obtain specific information on the amount of funding reverted from the protective services division; and

          C. conduct a performance audit to determine what practices recommended by the legislative finance committee have been adopted; and

     BE IT FURTHER RESOLVED that the results of the audit be presented to the appropriate interim legislative committee by December 2014; and

     BE IT FURTHER RESOLVED that the state personnel office be requested to assist the children, youth and families department in any possible manner to decrease caseloads and turnover by increasing, and then stabilizing, employment within the protective services division, with recommendations to the legislature on how to accomplish these goals; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the office of the state auditor, the secretary of children, youth and families, the director of the state personnel office, the legislative health and human services committee and the legislative finance committee.

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