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New Mexico governor Michelle Lujan Grisham issued an executive order Jan. 19, seeking to end the practice of children in state custody sleeping overnight in Children, Youth and Families Department offices. In response, a Republican lawmaker introduced legislation arguing that executive action alone is insufficient.
The governor signed the order, with an effective date of Mar. 1. It directs CYFD to ensure all youth in its custody are placed in appropriate foster, residential, or treatment settings and to strengthen coordination with providers and community partners to prevent future office stays.
“Children who have experienced trauma deserve safety, stability and dignity, not sleeping in offices,” the governor said.
CYFD officials say the department stopped initiating new office stays in mid-January and full compliance is expected by March.
On the same day the order was issued, Rep. Rebecca Dow, R-Socorro, introduced House Bill 65, a three-year pilot program designed to expand placement capacity for children with the highest needs. Dow said the executive order addresses the symptom of the problem without creating the resources needed to sustain the ban.
“An executive order alone doesn’t create placements for kids who have nowhere else to go,” Dow said in a statement, calling the order a temporary fix without long-term infrastructure.
HB 65 would establish a short-term stabilization pilot program focused on adolescents, sibling groups and children who cycle repeatedly through foster care. The bill proposes expanding therapeutic foster care options, providing 24/7 crisis support, and offering incentives to foster families and small, home-based providers.
The legislation includes a $2.5 million appropriation and would be administered by CYFD in collaboration with the Health Care Authority and outside child welfare experts. Supporters say the pilot structure would allow lawmakers to measure outcomes and determine whether the program should be expanded statewide.
The governor’s office has emphasized that the executive order is part of a broader effort already underway, including expanded provider partnerships and new transitional programs for youth with complex needs. Administration officials say legislative support could complement those efforts but maintain that the order sets a clear and enforceable standard for the department.
The competing approaches highlight an ongoing debate at the Roundhouse as the 30-day legislative session begins. Is the best solution found in executive authority, legislative funding, or a combination of the two?
