Lawsuit claims abuse in CYFD foster care was preventable
ALBUQUERQUE, N.M. (KRQE) – A new lawsuit claims the physical and sexual abuse of a five-year-old boy at the hands of his foster parents could’ve been avoided. The suit is pointing the finger at CYFD and the Bair Foundation, a self-described Christian foster care agency.
“How could it be that either CYFD or The Bair Foundation are licensing people who would severely abuse a child,” said Levi Monagle, who is representing the grandparents of the child who are filing the suit.
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News: Lawsuit claims abuse in CYFD foster care was preventable
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According to the lawsuit, the child was born with drugs in his system and was placed into foster care. In June 2022, the foster parents brought the boy to the emergency room.
“The foster parents brought him to an urgent care, told the doctors that he had fallen down the stairs, the doctors quickly determined that his injuries were not consistent with a fall,” said Monagle,”And subsequently determined that the injuries he suffered had been inflicted on him.”
The boy was hospitalized for two months, during which he told doctors he had been physically and sexually abused by his foster parents. He told doctors they pulled his tongue and kicked him.
The claims were later substantiated by CYFD, according to the lawsuit. “I think one of the great tragedies of this is that he couldn’t be placed with his grandparents initially but they were passed over in favor of a foster home,” said Monagle.
He said before the child was placed in foster care, his grandparents offered to take him in, and even underwent a home evaluation by CYFD personnel. “Why was this boy not placed with his grandparents when at least, theoretically, CYFD prioritizes family placements over non-family placements,” he said. “That’s a big question here and that’s a big question here the boy’s grandparents certainly want answered.”
He said they also want change in the system. “The current system is not working. It’s not serving kids well,” said Monagle. “Whatever is going wrong, we got to double our efforts to fix it.”
KRQE reached out to The Bair Foundation but didn’t hear back.
“CYFD is unable to discuss this case as it is currently pending litigation. All details will be a matter of court record,” said a CYFD spokesperson in an emailed statement to News 13.
