Press conference tomorrow on lawsuit challenging CYFD’s illegal denials of child care assistance

ALBUQUERQUE—Access to quality and affordable child care is critical for working families and parents who are in school. Unfortunately, the New Mexico Children, Youth and Families Department has illegally denied much needed child care assistance to eligible families. Working parents and OLÉ, represented by the New Mexico Center on Law and Poverty, will hold a press conference this Wednesday announcing a lawsuit against CYFD for violating New Mexico’s statutory and constitutional law.

CYFD illegally denies child care assistance to families with incomes over 150 percent of the federal poverty level—a yearly income of $31,170 for a family of three. CYFD’s own regulations state that the cut off for child care assistance eligibility is over 200 percent of the federal poverty level.

CYFD also fails to inform families of their right to challenge denials. When CYFD does provide child care assistance, it illegally forces families to shell out unaffordable co-pays without explanation of how it determined the arbitrary amounts.

The lawsuit will be filed Tuesday evening.

Press conference announcing a lawsuit against CYFD for illegally denying eligible families child care assistance.


  • Working parents and their families illegally denied child care assistance who are plaintiffs in the lawsuit
  • Representatives from OLÉ
  • Attorneys from the New Mexico Center on Law and Poverty

Wednesday, September 26 at 9:00 a.m.

Children Youth & Families Department, 3401 Pan American Fwy NE, Albuquerque, NM 87107


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.

Federal Court Hearing on HSD Compliance with Orders to Remove Barriers to Food and Medical Assistance on Wednesday, November 29

LAS CRUCES, NM— On Wednesday at 1:30 p.m., in U.S. District Court in Las Cruces, Judge Kenneth Gonzales will hear an update on the New Mexico Human Services Department’s compliance with multiple court orders to timely and accurately provide food and medical assistance to eligible families.

Last year, Judge Gonzales held the HSD secretary in contempt for failing to remove barriers to assistance for eligible families and appointed a Special Master to monitor and make recommendations to the department. The Special Master recommended that HSD cease any program changes not required by federal law and that the department make changes in its management.

Despite the court orders and Special Master’s recommendations, HSD continues to improperly deny eligible New Mexicans food and medical assistance–in November of 2017, HSD had a backlog of over 17,000 unprocessed SNAP and Medicaid cases. The department has also failed to make any management changes and is proposing large-scale changes to the Medicaid program, including charging premiums and Medicaid co-pays, that are not required by federal law.

U.S District Court status conference on HSD compliance with court orders in Deborah Hatten Gonzales v. Brent Earnest, No. 88-385 KG/CG

Wednesday, November 29, 2017 at 1:30 p.m.

United States Courthouse
4th Floor, North Tower, Mimbres Courtroom
100 N. Church Street
Las Cruces, New Mexico 88001

New Mexico Center on Law and Poverty attorneys
HSD Secretary and Attorneys