Commentary: Working families will have increased access to much needed child care assistance as a result of a court order approving an agreement between working families and the New Mexico Children, Youth and Families Department. The order, entered by the First Judicial District Court in Santa Fe yesterday, mandates that CYFD will follow the law in managing New Mexico’s Childcare Assistance Program.
“Every family deserves access to quality child care while parents are at work or in school,” said Maria Griego, supervising attorney at the New Mexico Center on Law and Poverty. “Only a third of eligible families in New Mexico currently access child care assistance because the application process and eligibility requirements are inconsistent and confusing. The settlement is a critical opportunity for CYFD to improve the well-being of children. We look forward to working with this administration to fix long standing barriers.”
Several families and OLÉ, represented by the New Mexico Center on Law and Poverty, sued the department in September 2018, charging that CYFD illegally established a policy of denying child care assistance to families with incomes over 150% of the federal poverty level—a yearly income of $31,170 for a family of three—without publishing a regulation or going through the required public comment and hearing process. The lawsuit also argued that CYFD illegally failed to provide adequate notice to families about their child care benefits or establish a regulation that explains how CYFD determines the share of costs the family has to pay.
After the lawsuit, CYFD immediately increased eligibility for child care assistance to families with incomes up to 200% of the federal poverty level.
The court order requires CYFD to:
- Maintain the current eligibility level until or unless CYFD lawfully passes regulations with public comment with a different eligibility level;
- Put into regulation child care assistance eligibility requirements, including how CYFD calculates the amount of costs shared by parents;
- Revise notices and forms that families receive or fill out in the application process;
- Revise the manual CYFD workers use to determine eligibility for assistance;
- Post eligibility information and application rights in all CYFD offices.
“We know that the earliest years in children’s lives are the most important in their development and lay the foundation for all that is to come," said Traeshaun Buffin a community organizer at OLÉ. “The astronomical costs of child care prevent tens of thousands of New Mexican families with children from accessing meaningful work and educational opportunities. We’re so pleased that CYFD has agreed to stop denying eligible families the child care assistance they need and to adopt standards with public input to make the program affordable and predictable.”
The court order can be found here: http://nmpovertylaw.org/9-order-torres_2019_05_06/
The Torres v. Jacobson complaint can be found here: http://nmpovertylaw.org/torres-v-jacobson-first-amended-complaint-with-exhibits/
The New Mexico Center on Law and Poverty is dedicated to advancing economic and social justice through education, advocacy, and litigation. We work with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty.
OLÉ is a non-profit, who uses grassroots organizing within the local community of working families in New Mexico. Our members and staff work together to strengthen our communities through social advocacy and economic reform, using issue-based campaigns and electoral engagement to ensure that working families are playing a critical role in shaping New Mexico’s future with a united voice.