ALBUQUERQUE, N.M. – A lawsuit filed this week has shed light on allegations of physical and sexual abuse, negligence, and a violation of a four-year-old boy’s civil rights. The lawsuit accuses both the New Mexico Children, Youth and Families Department (CYFD) and the Bair Foundation of failing to protect the child from abuse while under their care.
According to attorney Levi Monagle, who is representing the child, the boy was born to parents struggling with drug addiction, leading to his multiple interactions with CYFD. Despite his grandparents expressing their desire to take custody of the child, he was placed in a treatment foster home in 2021.
The lawsuit reveals that the boy was subsequently moved between CYFD custody and multiple foster homes, with the Bair Foundation being responsible for placing him in another treatment foster home. Within three months of being placed in this home, the child suffered severe injuries that required hospitalization.
Doctors quickly determined that the injuries were not consistent with a fall, which the foster parents claimed had caused the harm. Instead, the injuries were attributed to blunt force trauma to the child’s abdomen. The boy also disclosed incidents of sexual abuse to a nurse, further highlighting the severity of the alleged abuse.
Attorney Levi Monagle emphasizes that CYFD’s investigation substantiated these abuse allegations. The child underwent multiple surgeries and stayed in the hospital for over two months to recover from the extensive injuries.
This case raises concerns about the welfare of children in CYFD custody. The attorney warns that if children leave CYFD custody worse off than when they entered, it can have far-reaching consequences in society. He urges for a thorough examination and accountability to ensure the well-being of children under CYFD’s care. Negligence is alleged on the part of the foster parents, CYFD, and the Bair Foundation.
The attorney acknowledges that the child is now living safely and happily with his grandparents. However, the lawsuit seeks answers and justice for the child’s unnecessary suffering.
When approached for comment, CYFD representatives declined to discuss the pending litigation, while the Bair Foundation did not respond to KOB 4’s request for a statement.
This lawsuit serves as a stark reminder of the importance of safeguarding children in the foster care system and the need for accountability to prevent such incidents from occurring in the future.