New Mexico
4 Investigates: CARA reform in the New Mexico Legislature
It is a race to the finish line for legislation aimed at reforming New Mexico’s troubled Children Youth and Families Department.
SANTA FE, N.M. — It is a race to the finish line for legislation aimed at reforming New Mexico’s troubled Children Youth and Families Department.
That starts with major changes to a program our 4 Investigates team discovered was failing our most vulnerable families – the Comprehensive Addiction and Recovery Act, known as CARA.
An emergency room is not the place any of us want to be but, at an Espanola hospital last July, a northern New Mexico grandmother was almost relieved when officers show up.
“This is what I needed, this is really what I needed,” she said to an officer.
She’s not thankful that her 10-month-old grandson overdosed on fentanyl.
“I’m not saying I wanted this to happen. But this is what happened right now. I can use this in court to petition for my own grandson,” she said.
She’s hopeful this time someone may finally listen.
“It makes me sick to my stomach. No mother and no New Mexican should have to hear that. And we should be held accountable for that,” said Republican state Rep. Gail Armstrong, the New Mexico House Minority Leader. “The governor should be held accountable for that. CYFD should be held accountable for that.”
Armstrong remembers when New Mexico passed CARA in 2019. Instead of calling CYFD for child abuse when a baby was born to a mom on drugs, hospitals were supposed to create a plan of care – a way to get parents help while keeping families safe together – but that’s not how things always play out.
“CYFD was involved when the baby was born. But then after a while they dropped the case,” the grandmother said. “And that was it. Which, I think they’re doing a shi–y job because they should have followed through.”
Over the last several years, 4 Investigates discovered dozens of babies have died from a drug overdose or with drugs in their system. Their parents are either in prison or facing years behind bars.
“There’s no reporting. There’s no follow up. The right hand doesn’t know what the left hand is doing and it’s really no one’s fault but CYFD,” Armstrong said.
While families like Jeramay Martinez’s are stuck in a cycle of addiction.
“How do you expect someone to follow a plan when there is no plan? There is no resource. There is no actual treatment. That’s what I saw,” Martinez said.
Democratic state Sen. Michael Padilla said the New Mexico Legislature will finally overhaul CARA this year.
“There’s a lot of people with their eyes on this now so we don’t drop the ball on this ever again,” Padilla said.
Senate Bill 42, which Armstrong signed on to, moves the CARA to the Healthcare Authority. That would allow care coordinators to use an evidence-based model to get that family what they need. It would no be longer voluntary. If a family doesn’t engage, there will be a family assessment and a call to CYFD.
Padilla said lawmakers set aside more than $20 million for the program.
“There’s just no horsing around anymore. We are going to focus like a laser beam on that baby,” Padilla said.
There is hope – but also skepticism. Family members told KOB 4, even with a plan, if services aren’t available the moment someone is willing to go, they won’t get the help they need.
“This administration has had six years to fix this and they kept saying give us time, give us time, give us time. Well, time is up.”
SANTA FE, N.M. — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call.
The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably.
Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot.
“Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers … the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,” U.S. District Court Judge Matthew Garcia said in a written court opinion.
The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights.
The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a “moment of threat” when judging challenges to police shootings under the Fourth Amendment.
Tom Clark, one of the Dotson family’s attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies.
Defense attorneys said in court filings that the officers acted reasonably under “the totality of circumstances,” noting that they repeatedly knocked and announced that police had arrived and saying Dotson “posed an imminent threat of death or great bodily harm to police.”
Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings “sometimes lead to results that end up leaving you scratching your head.”
“Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,” he said. “I don’t think this is the last word in this case.”
Lawyers for Dotson’s family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, “Hey, hands up.”
According to the lawsuit, Dotson’s wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
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