Three-year-old Leland Valdez, who died last week. His mother and her boyfriend are charged in his death, which came after CYFD returned the boy to his mother’s custody following an investigation into abuse allegations in the home. (Courtesy photo)

For 3-year-old Leland Valdez, who died last week, change will come too late, but let’s hope the governor is able to make changes that help prevent such deaths in the future

Gov. Susana Martinez was in her element on Tuesday talking about cracking down on problems at the state’s Children, Youth and Families Department.

The former district attorney confirmed that a CYFD supervisor, who is on leave during a probe into how she handled a case involving a Pojoaque boy who died last week, was herself investigated by CYFD – and the agency substantiated abuse allegations against her.

The supervisor, Gabriella James, remained on the job. She continued making decisions about whether to substantiate abuse allegations in CYFD cases despite the fact that the agency had substantiated child abuse allegations against her.

“It is outrageous, and it will not continue in the Martinez administration,” the governor told me. “It simply is unacceptable. It is as though you have someone enforcing the law who breaks the law.”

Martinez has taken control of the investigation into James’ actions and the problems at CYFD. For those still trying to get a feel for how she’ll govern, look no further than this situation.

When Martinez is passionate about something, she immediately takes charge. When she perceives that a situation is being handled improperly, she loses patience. When she’s dealing with something that’s outrageous, her emotion – be it anger or heartbreak – is apparent.

An outrageous situation

The story of 3-year-old Leland Valdez, who died last week, is an outrageous one. According to The Santa Fe New Mexican, the boy’s father reported abuse allegations to CYFD in August. Instead of intervening, according to the newspaper:

Heath Haussamen

“…the state allowed the boy and his 4-year-old sister to return to the custody of their mother, Tabetha Van Holtz. Last week, Van Holtz, 22, and her boyfriend, Steve Gallegos, 20, were arrested and charged with first-degree child abuse resulting in death and are each being held in the Santa Fe County jail in lieu of a $500,000 cash bond.

“Two CYFD workers (including James) have been placed on paid leave while their handling of the case is being reviewed. After their investigation was closed, a custody battle ensued, and Van Holtz won the right to raise the children.”

Leland was unconscious when he was taken to the hospital on Jan. 24. His body was covered in bruises and abrasions, and doctors said he had injuries in “various stages of the healing process.” He never regained consciousness.

A long history with such cases

Martinez immediately inserted herself into the investigation of Leland’s death, to the surprise of some. It’s highly unusual for a governor to become personally involved in the investigation into how a state agency handled a particular case.

I wasn’t surprised. Martinez has a long history of dealing with such cases. From 1993-1996, she worked for CYFD as a children’s court attorney. And as the district attorney in Las Cruces, she prosecuted family members in the deaths of many children. There were seven such deaths in a span of 3.5 years starting in 2001.

I know those cases intimately. I covered them as a crime reporter for the Las Cruces Sun-News.

Martinez’s passion for protecting children from abuse, her heartbreak when the system fails, and her disdain for the abusers is apparent. You can see it in her face and hear it in her voice in this campaign ad.

I remember, while sitting in Martinez’s office looking through Baby Brianna’s autopsy photos years ago, seeing Martinez tear up as she talked about the pain that poor girl suffered. I remember sensing Martinez’s horror when I interviewed her a couple of years later about the Court of Appeals overturning the convictions in Baby Brianna’s death – convictions that were later reinstated by the state Supreme Court.

No tolerance for harming children

Martinez has absolutely no tolerance for those who allow children to be harmed. I talked with her about that this week in the context of her involvement in the investigation into Leland’s death.

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“I decided to get involved in this case because I have committed the last 25 years to doing everything I can to make kids safe… and fighting for kids that have been killed,” Martinez told me.

She said it was unacceptable that the previous governor’s administration “put employees, and their rights to maintain employment, above the safety of kids.”

And Martinez had her office fax me the police reports from probes into abuse allegations against James. One report includes a CYFD intake sheet that states that James, who was fostering an eight-year-old girl, had the girl removed from her custody after CYFD substantiated abuse.

Also concerning, the intake report states, was that James continued to somehow have knowledge of CYFD’s investigation into the allegations against her, even though she wasn’t supposed to have such access.

The reports Martinez sent are public documents. But it’s unusual for a governor to gather those and send them to a reporter. This is an example of Martinez’s take-charge style in instances like these. She’s outraged, and she wants the public to know the full extent of the circumstances surrounding Leland’s death.

The authority, knowledge and experience to fix CYFD

Martinez’s primary concern is that an employee who CYFD determined had abused a child continued to be making decisions about whether to substantiate abuse in other cases – and in one of those, abuse wasn’t substantiated and now a child is dead.

“One who is making life-changing decisions… should never have similar allegations against them that have been substantiated,” Martinez told me. “That is unacceptable and that is something that is going to be changed immediately.”

I can tell you from experience as a crime reporter that CYFD has a lot of problems. Martinez knows that well, and she is in the unique position of possessing the authority, passion, knowledge and experience to fix the structural and cultural problems.

Martinez said she intends to do just that. She said fixing CYFD will include changes in personnel and policy, in addition to proposed legislation.

For Leland Valdez, a boy who was buried this week with his favorite SpongeBob SquarePants blanket draped over his casket, the changes will come too late. Let’s hope Martinez is able to make changes that help prevent such heartbreaking and unnecessary deaths in the future.

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