New Mexico Needs an Ombuds
We Support an Ombuds Office for Child Welfare!
Ombuds are public officials whose role is to be problem solvers and watchdogs. States have recognized that ombuds can help protect the rights of vulnerable populations. This is especially true for people in the child protection system. Child protection comprises a complex arrangement of agencies, systems, and stakeholders. Even with existing advocacy and oversight, the child protection system contains blind spots.
New Mexico is one of the last states without an Office of Children's Ombuds, a critical element of child well-being that is available in 90% of other states. The absence of this office means that New Mexico lacks a fundamental component of infrastructure to improve child well-being, as well as an independent means for the state legislature to receive objective information about public child-serving agencies. The state's current system is reactive, responding to events after they occur, rather than proactively addressing issues.
The role of an Ombuds is to act as an independent and impartial public official who receives and investigates complaints about government actions related to children's services. This includes child protection, foster care, adoptions, services for children with developmental and intellectual disabilities, and juvenile justice services. An Office of Children’s Ombuds also provides a system accountability mechanism by recommending system-wide improvements. They monitor programs and protect the rights of children and families.
An Office of the Children's Ombuds can handle complaints by connecting citizens with resources, or by opening a case and investigating the complaint. They provide a report and allow the agency to respond, and they also aggregate and summarize citizen complaints, identifying system trends, to produce yearly reports for the public, legislature, and governor. These reports are crucial for keeping the critical deficits of child-serving agencies before the public and helping decision-makers make informed choices about how New Mexico cares for its children.
The cost of not having an Office of Children’s Ombuds is much higher than the estimated $1,000,000 to fund it. The lack of such an office leads to inadequate and harmful services, negatively impacting children's futures, and also results in expensive settlements and awards to those harmed by the child welfare system.
Currently, New Mexico has Ombuds for other services, such as aging and long-term care, special education, and worker's compensation, but not for children and families. This is because there is no federal law requiring similar protections for children as there are for the elderly. The state relies on its elected officials' goodwill to establish these services. The absence of a Children’s Ombuds in New Mexico is particularly concerning as it is one of the two lowest ranked states for child well-being without such an office.