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New Mexico grandma speaks out after CYFD attempts to reunite child with parents facing abuse charges

Jessica Garate
2 min read

SILVER CITY, N.M. (KRQE) – A grandmother is outraged Thursday that the New Mexico Children, Youth, and Families Department wants to return her seven-year-old grandson to his parents. Those parents are currently facing felony charges in the death of their five-year-old daughter. When the grandmother spoke up, the state took the child away from her.


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Deputies found the girl dead underneath her parents in March near Silver City. Two months after the girl’s death, a toxicology report showed a high percentage of carbon monoxide. The seven-year-old who survived also tested positive for meth. Both parents are now facing child abuse resulting in death charges.

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The children’s grandma and a school employee reported the parents to CYFD over and over again before the girl’s death as reported in documents KRQE News 13 obtained. CYFD first placed the seven-year-old in his grandmother’s care in March. “In some ways, she felt like, okay, now the child is with me, he’s safe, he’s secure,” said Attorney Jonathan Deiner.

KRQE News 13 spoke with the grandmother who said she has helped her grandson improve his grades and health. He was in karate and had play dates. Then CYFD told her they were working to put the boy back at home with his parents who are accused in the death of his sister.

“I think the department ought to understand that anybody else that’s involved and interested in this child’s welfare would be concerned about reuniting him with parents that were so extremely neglectful,” said Deiner.

He said the grandma voiced her concerns. “And then the next thing that happens is the department pulls him and puts him with a stranger. I mean, she’s she’s upset. She’s upset,” said Deiner.

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In a letter from CYFD to the grandmother from late July, they said that the state removed her grandson because she was “Not supportive of the court’s plan of reunification and it was affecting the best interest of the child.”

“And I did talk to the child’s therapist. You know, her attitude was it was a huge mistake to take the child away from the grandmother, given that he has already been through so many traumas,” said Deiner.

Even if the child is placed back with his parents, they both face court cases. When asked what could happen if the parents are found guilty, Deiner said, “It seems to me that if CYFD has their way this child won’t be with his grandmother. And that’s the unfortunate sort of weird, tragic thing that’s going on right now.”

CYFD refused to comment. The grandmother is fighting for custody but on Thursday, a judge ruled against giving her custody.

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