New Mexico Children, Youth and Families Department Faces Legal Battles and Internal Turmoil
The New Mexico Children, Youth and Families Department (CYFD) is currently embroiled in significant legal challenges and internal crises. From allegations of jurisdictional overreach involving the seizure of an infant across state lines to reports of a toxic function environment contributing to employee suicide, the agency is under intense scrutiny regarding its operational ethics and management practices.
Lawsuit Alleges Improper Seizure of Infant from Texas
A family has filed lawsuits in both state and federal courts alleging that a CYFD investigator illegally took an infant from Texas and brought the child into New Mexico. According to a state court complaint filed on April 3 in Santa Fe, investigator Jacob Torres traveled to El Paso in February 2025 and took custody of a girl whose mother, Hope Waggoner, was a 17-year-traditional runaway.
The lawsuit, filed by Waggoner and the infant’s father, Jamie Torres, claims the investigator crossed ethical and state boundaries to seize the child. Court papers indicate that while Texas child protective workers initially responded to the scene, they eventually left, allowing the New Mexico investigator to transport the infant to Las Cruces. The child remained in state care for several weeks before a court dismissed the state’s custody claim and returned the infant to the father.
The legal battle is proceeding on two tracks:
- State Court: A complaint filed in Santa Fe seeking punitive and compensatory damages, as well as attorney fees.
- Federal Court: A civil rights lawsuit filed on May 8, 2025, in the U.S. District Court for the Western District of Texas under 42 U.S.C. § 1983.
While the lawsuits move forward, CYFD has not issued a detailed rebuttal of these allegations.
Internal Crisis: Workplace Bullying and Staff Burnout
Beyond external litigation, CYFD is facing a crisis within its own workforce. Interviews with current and former employees reveal a culture of fear, oppressive caseloads, and toxic management practices across several county offices.
The severity of these conditions is highlighted by the death of Monterra “Monty” Wolf, a former CYFD investigator who died by suicide. Colleagues of Wolf describe her as an outspoken employee who frequently raised concerns about workplace issues, including the practice of housing foster youth in CYFD offices and the burden of being overworked.
According to those who worked with her, Wolf’s advocacy led to targeted internal investigations and reprimands for issues her colleagues viewed as minor. One colleague, speaking on condition of anonymity due to fear of retaliation, stated that Wolf felt “belittled and dehumanized” by the treatment she received from management. The Santa Fe New Mexican reports that these mountainous workloads and management styles continue to plague the agency’s offices.
Key Takeaways
- Jurisdictional Violations: A CYFD investigator is accused of improperly removing an infant from El Paso, Texas, and transporting the child to New Mexico.
- Dual Litigation: The family involved in the Texas incident has filed both a state lawsuit in Santa Fe and a federal civil rights suit in Texas.
- Toxic Culture: Staff reports indicate a pattern of workplace bullying and oppressive workloads within CYFD.
- Employee Tragedy: The death of investigator Monterra Wolf is linked by colleagues to a decline in mental health caused by workplace harassment and reprimands.
Frequently Asked Questions
Who is being sued in the Texas border case?
The defendants named in both the state and federal lawsuits are investigator Jacob Torres and the New Mexico Children, Youth and Families Department (CYFD).
What were the primary complaints regarding CYFD’s internal environment?
Employees have cited “mountainous workloads,” toxic management practices, and a culture of fear and retaliation against those who raise concerns about agency operations.
What is the status of the child taken from Texas?
Following the dismissal of the state’s custody claim by a court, the infant was returned to the father.
As CYFD navigates these lawsuits and internal complaints, the agency faces increasing pressure to address systemic failures in both its field operations and its treatment of the staff tasked with protecting New Mexico’s children.
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