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Governor Michelle Lujan Grisham signed an executive order on Monday, January 19, 2026, banning the practice of children in state custody sleeping overnight in government offices, particularly those operated by the Children, Youth and Families Department (CYFD).
The order, designated as Executive Order 2026-003, prohibits any child from sleeping in a CYFD office under any circumstances, effective March 1, 2026. It mandates that CYFD ensure all youth in its care are placed in appropriate, safe settings, such as foster homes or residential facilities. The governor emphasized that children who have endured trauma deserve “safety, stability, and dignity—not sleeping in offices,” and the measure underscores New Mexico’s commitment to providing proper care.
This practice has persisted due to ongoing shortages in foster and residential placements. Children have ended up sleeping in offices after emergency removals, challenges in placing sibling groups together, discharges from treatment facilities without immediate options, or when older youth declined alternatives. Despite recruitment efforts for foster families and community partners, placement shortages have continued statewide.
The issue has been particularly noted in southern New Mexico, including Doña Ana County (home to Las Cruces, where a recent incident involving children sleeping in a CYFD office and a related threatening event prompted legislative scrutiny). In Otero County and surrounding areas, similar placement challenges have made office stays commonplace, contributing to instability for vulnerable youth and straining CYFD staff who often work extended shifts to supervise them.
CYFD Acting Secretary Valerie Sandoval highlighted recent steps, including expanded provider partnerships, transitional programs, and halting new office stays as of January 16, 2026. Remaining youth are being relocated, with full elimination targeted by March. The order directs further collaboration with providers, agencies, and community organizations to build placement capacity and prevent future occurrences.
This action addresses a long-standing problem highlighted in the Kevin S. settlement, a landmark 2020 class-action agreement stemming from a 2018 lawsuit (Kevin S., et al. v. Blalock, et al.). The settlement required the state to end office overnight stays and improve placements and behavioral health services for trauma-impacted children in foster care. However, progress has been slow—reports as recent as 2025 noted ongoing office stays, sometimes at record levels, staff burnout, and failure to fully comply with deadlines. Critics and experts have described the child welfare system as in “chaos” at times, with office sleeps contributing to trauma and instability.
The executive order aims to enforce accountability and urgency, building on prior reforms while pushing for sustained improvements.
Citations:
• KVIA News: “Incident at Las Cruces office leads to executive order banning practice of foster children sleeping at government offices” (January 19, 2026) - https://kvia.com/news/new-mexico/2026/01/19/new-mexico-governor-signs-executive-order-banning-practice-of-foster-children-sleeping-at-government-offices
• KOAT News: “Order to change overnight in-custody children stays in New Mexico” (January 19, 2026) - https://www.koat.com/article/new-mexico-order-children-cyfd-stays-change/70052761
• CYFD Kevin S. Settlement page: https://www.cyfd.nm.gov/legal/kevin-s-settlement
• Santa Fe New Mexican: Coverage on lackluster progress in Kevin S. settlement (July 2025)
• KRQE News: Various reports on CYFD office stays and Kevin S. compliance (2025-2026)
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