Kevin S. Settlement Information
Individualized Planning Process Overview on:
- November 16th - 9:00am , 11:00 am, 1:00pm , and 3:00pm MST
- November 29th - 9:00am , 11:00 am, 1:00pm , and 3:00pm MST
Please email Nicole Starke at Nicole.Starke1@cyfd.nm.gov to register for one session.
If you have language access needs such as Spanish interpretation/translation or a person with a disability who needs captioning, a qualified sign language interpreter, or any other form of auxiliary aid or service to participate in the meeting, please contact the CYFD Director of Children’s Rights at 505-629-9626 or Eli.Fesquez@cyfd.nm.gov at least one (1) week prior to the meeting or as soon as possible.
CYFD and HSD System Change Innovations at Work
The Kevin S. settlement is more than the resolution of a class-action lawsuit – it builds upon CYFD and HSD’s commitment to collaboratively create a child welfare system built on trauma responsiveness and to fully integrate the child welfare and Medicaid systems. Our settlement agreement is central to improving the state’s outcomes for children who touch the child welfare system.
CYFD and HSD’s coordinated approach has already led to several improved outcomes and reforms for children, including increased in-state community-based placements, passage of the ground-breaking Indian Family Protection Act, trauma-responsive behavioral health screenings, and individualized planning meetings just to name a few.
Kevin S., et al. v. Blalock, et al., No. 1:18-cv-00896, was filed on September 22, 2018 against the New Mexico Children, Youth and Families Department (CYFD) and New Mexico Human Services Department (HSD), alleging that trauma-impacted children and youth in New Mexico foster care lacked safe, appropriate and stable placements and behavioral health services to meet their needs. The settlement agreement is available in PDF format here: Kevin S. Settlement Agreement February 2020
Suit Dismissed and Settlement Reached
After CYFD and HSD entered into a settlement agreement with the plaintiffs on March 26th, 2020, the suit was dismissed with prejudice. The settlement agreement details commitments to be implemented over a three-year period. These commitments include significant changes to practices and policies, as well data collection to document the State’s progress on specific goals.
The settlement provides for oversight by three Co-Neutrals to evaluate the progress of the State. The Co-Neutrals are national experts in the fields of social service and child welfare.
Annual Progress Reports and Data Validation Plans
The State is required to provide an annual written report documenting progress toward its commitments and outcome measures. The Co-Neutrals will then issue a report validating the progress of the State.
- NEW: Co-Neutrals' 2021 Annual Report
- Kevin S. Settlement Agreement August 1, 2022 Annual Report
- Kevin S. Settlement Agreement August 1, 2022 Annual Report Exhibits
- Kevin S. Settlement Agreement August 1, 2021, Commitments Progress Report
- Kevin S. 2019-2020 Report: Quantitative Monitoring Outcomes (July 1, 2022)
- Kevin S. Settlement Agreement 2020 Baseline Report
- Kevin S. Settlement Agreement May 31, 2021, Commitments Baseline Report
- Kevin S. Baseline Report: Quantitative Monitoring Outcomes
- Kevin S. 2020 Annual Report Part 1: Quantitative Monitoring Outcomes
- State of New Mexico Kevin S. Settlement Data Validation Plan (February 16, 2022)
The commitments of the settlement are detailed in a set of four Appendices (A, B, C, D). As progress is made on the commitments in each Appendix, we will post relevant data and documents.
- New Mexico Child and Adolescent Needs and Strengths Guide
- Youth Bill of Rights
- CYFD Retaliation Policy
- RE-ISSUE of Previous PIG Regarding Revision to Placement Procedure PR 11 – Resource Family Bill of Rights and Grievance Process
- Permanency Planning Procedure 17—Medical and Behavioral Health & Psychotropic Medication
- Icebreaker Meetings & Non-Traditional Placements and Temporary Stays—New Procedures
- Re-Issue PR 10 – Out of Home Placement December 1, 2020
- PR 10 – Out of Home Placement
- ICWA Guidance Memorandum
- New Mexico Child and Adolescent Needs and Strengths 2021 Reference Guide
- New Mexico Child and Adolescent Needs and Strengths Rating Sheet
- New Mexico Child and Adolescent Needs and Strengths User Tip Sheet
- New Mexico Crisis Assessment Tool 2021 Reference Guide
- New Mexico Crisis Assessment Tool Rating Sheet
- Program Instruction Guideline: 03-2021-#7 - ICWA 30 Day Review
- Program Instruction Guideline 06-2021-#11: County Office Manager Approvals for Placement with Non-Relative Resource Families
- POLICY UPDATE: Six policies have been updated and are in effect June 11, 2021
- RE-ISSUE Permanency Planning Update: PR 19—Visitation, Worker-Child Visit Guidance & PR 10—Out of Home Placement October 19, 2021
- New Mexico Administrative Code: Permanency Planning 2021-present
- Appendix D IT 3.1a Provider Guidance
- Appendix D TO 3.1a High Fidelity Wraparound Services
- Implementation Target 2.1
- NSCAW II BASELINE REPORT Children's Services
- Service Utilization by Program and Category
- New Mexico HFW Assumptions
- Mobile Response and Stabilization Best Practices
- Evidence Based Practice Survey for providers who serve children
- LOD - MCO Requirements for Children in State Custody
- Program Instruction Guideline 03-2021-#5 Revised Youth Grievance and Bill of Rights Procedures
- Appendix D IT 2.1 Service Utilization
- Re-ISSUE CATS/CANS Requirements, Medicaid/Medical Coverage and Well-Child Checkups
- Appendix D - IT 3.1 Reimbursement Methodology
- Appendix D - IT 5.1 - Care Coordination
- Appendix D - IT 6.1 - Reject and Administrative Barriers Removal
- Appendix D - IT 7.1 - Notice of Action & Grievance Protocols
- Appendix A - IT 4.1 - Individualized Planning Meeting Plan
- Appendix A - New Mexico Practice Model
- Appendix B - IT 1.1 Retention and Recruitment of Foster Families