How Could You? Hall of Shame-Skylar Magana case-Child death and Lawsuit UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Albuquerque, New Mexico, 10-month-old foster child, Skylar Magana, died on June 21, 2025 while in CYFD custody.

“A baby taken to the hospital Monday, in a case police are investigating as child abuse, has died.

Her mom, Nancy Magana, didn’t get much of a chance to know her daughter, Skylar. The 10-month-old girl was in Children, Youth & Families Department custody and living with a foster family.

“I don’t think I can cry anymore,” Magana said. “I don’t know what to feel. I’m angry, I’m hurt, I’m upset.”

Magana hadn’t seen Skylar since September 2024, until she got a call from CYFD this week.

“Told me that she was in critical condition and if I could please meet a caseworker at the hospital, and I didn’t think it was as serious as it is at all,” she said.

When she got there, she said her baby was brain dead and breathing on a ventilator. She said, according to the caseworker, Skylar was found with no pulse. Police investigated the case as child abuse at a home on Krim Drive in northeast Albuquerque Monday.

Magana said she lost custody of Skylar shortly after her birth in August 2024. She struggles with addiction, and the baby was exposed to methamphetamine during the pregnancy.

Even after her baby was born, Magana said it was tough to get sober, but she was ready to try again. After living in her car, she recently started staying at a friend’s house.

“She told me I can stay there, and she would help me get my daughter back if I needed to get clean. She would help me, she would support me, and this was not even days before I got the call she was in the hospital,” said Magana.

Now she doesn’t have the chance to get her daughter back.

“They took her out of my custody and told me I wasn’t a fit parent and yet if she were in my care this wouldn’t have happened,” she said.

Nobody has been charged in the case and because it’s still an active investigation, police are not sharing what caused the baby’s injuries.

CYFD’s Director of Public Affairs, Jennifer Webber, sent us the following statement about the incident:

“We are heartbroken by the tragic death of this innocent child. Due to the ongoing investigation, there is limited information we can share about this case. However, in general, when a child enters state custody, especially in cases involving substance exposure at birth, CYFD’s goal is to ensure the safety of the child.  If appropriate, CYFD works toward reunification with the biological family when it is safe. This includes making efforts to maintain contact and communication with parents and providing opportunities for visitation and updates on the child’s well-being unless there are court-ordered limitations or safety concerns that prevent this.  CYFD, attorneys, and the Court monitor the progress and compliance of parents during this time.”

Oh please! Clearly you didn’t give the foster family a “good” homestudy!Give the foster family’s name!How dare you protect them!

REFORM Puzzle Piece

Update:“The lawsuit, filed Tuesday in First Judicial District Court in Santa Fe, alleges CYFD denied six record requests filed by attorney Aaron Whiteley, who is representing the estate of Skylar Magana, the girl who died. Attorneys are pursuing a wrongful death lawsuit in the case and say the state flouted exceptions in New Mexico’s confidentiality law requiring information and documents to be released in cases when children die on the state’s watch.

“While I do understand there are certain privacy concerns inherent in proceedings with children and parents … for fatalities, the public interest in understanding those cases and what happened and how can we prevent those in the future overrides that,” Whiteley said in an interview.”

“The lawsuit seeks a writ of mandamus, injunction order or other legal action from a judge requiring CYFD to produce records responsive to the requests, a review to ensure any redactions are lawful and other attorney costs and relief.

Skylar was born on Aug. 17, 2024, and was quickly taken from her parents and into the custody of CYFD because she was born with drugs in her system, the lawsuit states.

The following May, she was placed in foster care in Albuquerque. The next month, first responders were called to the home after Skylar had a seizure and then became unresponsive. She was rushed to University of New Mexico Hospital, where healthcare providers specializing in caring for children who may have suffered abuse or neglect determined the girl had brain bleeding likely caused by “abusive head trauma,” according to court records.

The girl’s foster mother, Denise Vasquez-Browley, was caring for the girl at the time. Police found she sent text messages and made internet searches indicating she may have been struggling with depression, anxiety, feeling overwhelmed and feeling aggressive to her children. ”

“Ultimately, Skylar suffered brain death, and Vasquez-Browley was charged with intentional child abuse resulting in death.

Her attorney, Todd Farkas, declined to comment.

On Aug. 28, Whiteley filed six public requests seeking documents and information which, according to state statute, should be exempt from laws requiring confidentiality because they involve children who died on the state’s watch.”
CYFD withheld records after death of 10-month-old girl, lawsuit alleges

[Yahoo News 10/16/26 by Esteban Candelaria, The Sante Fe New Mexican]