About the Council
The Substitute Care Advisory Council (Council) is authorized by both state and federal law: in New Mexico, the Citizen Substitute Care Review Act (Act), §§32A-8-1 et seq. and federally, the Child Abuse Prevention & Treatment Act (CAPTA), 42 U.S.C. §5101 et seq.
The purpose of the Act is to provide a permanent system for independent and objective monitoring of children placed in the custody of the NM Children, Youth & Families Department (CYFD) and evaluate the extent to which CYFD is effectively discharging its child protection responsibilities. This includes the CAPTA requirement to review the state agency’s compliance with the CAPTA state plan, the coordination with foster care and adoption programs, and to provide public outreach and comment. The Act, as revised July 1, 2016, established the Council which is administratively attached to the NM Regulation & Licensing Department in accordance with the provisions of Section 9-1-7 NMSA 1978.
Both the Act and CAPTA require the participation of citizens and allow individual case reviews to meet mandates. See the ‘Volunteers’ link at the top of this page for more information on citizen participation.
Per the Act, the responsibilities of the Council include:
- Meet at least twice.
- Appoint a 6 member advisory committee from the membership.
- Present a report with recommendations to CYFD, the courts and appropriate legislative interim committees, on or before November 1 of each year, regarding statutes, rules, policies and procedures relating to substitute care and any recommendations for changes in substitute care review boards.
- Adopt reasonable rules relating to the functions and procedures of the substitute care review boards and the Council in accordance with the duties of the boards as provided in the Act. Rules shall include:
- Criteria for membership and training requirements for substitute care board members;
- Information needed for cases to be monitored;
- Case information to be tracked and reported;
- Criteria for procedures for substitute care review boards and designation of cases for review, including weighing the importance of:
- sibling placements;
- frequency and severity of neglect or abuse;
- behavioral health status of household members;
- placement of children in households where there are no relatives of the children;
- data related to demographics; and
- relevant trend data.
The Act requires the Council to appoint a 6 member advisory committee to one year renewable terms. The members are selected from the current membership. The advisory committee advises the Council on matters related to substitute care review.
Members (term expires September 2020)
Maria Ortiz Bustos (Doña Ana County)
Jack Carpenter (Taos County)
Mary Carr (Eddy County)
Nancy Treat (Santa Fe County)
Per NMAC 8.26.7, the Council meets at least quarterly. Notice of these meetings is provided in the Albuquerque Journal and the agenda is provided on this website in accordance with the Council’s Open Meetings Act Resolution adopted July 7, 2020.
The Council meeting scheduled for May 28, 2020 has been cancelled.
Council Annual Reports
The federal Child Abuse & Prevention Treatment Act (CAPTA) requires the Council to issue an annual report which contains a summary of activities and recommendations to improve the child protection response system at the state and local levels. CAPTA further requires CYFD to provide a written response within 6 months of the date of the submission of the annual report. The written response is to ‘state and local response systems’ and must included a description of ‘whether or how [CYFD] will incorporate the recommendations of the [Council] (where appropriate) to make measurable progress in improving the State and local child protection system”. Click on each of the below to find the Council’s annual report and CYFD’s written response.
The Act requires the Council to issue an annual report to CYFD, the courts and appropriate interim legislative committees regarding statutes, rules, policies and procedures relating to substitute care and any recommendations for changes in substitute care review boards. The Act does not require any entity to provide a written response.