How Could You? Hall of Shame-Jaydun Garcia 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, foster child Jaydun Garcia, 16, died on April 11, 2025. He “took his own life at a makeshift home for youth who lack foster placements.”

He was “one of several children who was being housed at a CYFD office before then being transferred to a recently opened congregate care facility operated by AMI Kids. This placement is contrary to the legal obligations imposed on CYFD under the Kevin S. settlement agreement and strongly opposed by child welfare experts who have noted the adverse effects on the mental health of traumatized children like Jaydun.  ”

““Jaydun’s death is a devastating reminder of what happens when vulnerable children—especially those with disabilities or behavioral health needs—fall through the cracks of a broken system,” said Gary Housepian, Chief Executive Office of Disability Rights New Mexico. “We’ve been raising alarms for years about placements in congregate settings, and its long past time for a comprehensive, independent investigation. We stand ready to coordinate our investigation of this death, monitoring of facilities and to support the Attorney General in demanding the transparency and accountability these children and youth deserve.”

“Every child in foster care deserves safety, dignity, and the chance to heal. Jaydun’s story is not an isolated tragedy—it reflects a system that is overwhelmed, under-resourced, and too often unaccountable,” said Maralyn Beck, Director, New Mexico Child First Network. “We commend the Attorney General for taking this seriously and initiating an investigation. The foster families we work with want change just as badly. It’s time to listen, to act, and to build a system that puts children first.”

In addition to Jaydun Garcia’s death, the Attorney General’s investigation will examine other recent examples of children who have died or have been placed back into unsafe environments after being referred to CYFD for possible abuse and neglect.

The investigation into these incidents will not only seek to develop a detailed record of the events leading up to the deaths or great bodily injury of children under CYFD’s supervision but also the policies, procedures and personnel involved. The goal is to provide a comprehensive guide for the incoming Office of the Child Advocate which will be housed at the New Mexico Department of Justice and will be funded by the Department, despite Governor Michelle Lujan Grisham’s attempt to veto its funding.

The NMDOJ’s team, in coordination with child advocacy experts and legal specialists, will lead the inquiry. The NMDOJ is also calling on current and former case workers, foster families, and youth impacted by the system to come forward with information.”

NM AG Raúl Torrez launches Investigation Following Death of Child in Foster Care
[ABQ Raw 4/22/25]

REFORM Puzzle Pieces

Update:“The civil complaint, filed in the First Judicial District Court in Santa Fe on behalf of Jaydun’s estate, accuses state agencies of housing the boy in unsafe environments and operating an insufficient behavioral health system. Meanwhile, it alleges, Florida-based nonprofit AMIkids Inc. and its staff at the group home were unprepared to help the boy.

“They didn’t value his life the way they should have,” attorney Sara Crecca said in an interview.

The lawsuit names CYFD, the state Health Care Authority and AMIkids as defendants, along with Kymara Divine Hargrove, who worked at the facility at the time of Jaydun’s death and is accused of disregarding warnings from other boys that Jaydun might have been harming himself.

The lawsuit seeks damages for Jaydun’s pain, suffering and death, punitive damages against AMIkids and Hargrove, and legal costs.

Hargrove could not be reached for comment.

Roxane Wergin, director of marketing and communications for AMIkids, declined to comment. She wrote in an email, “unfortunately, because this matter is in litigation, we cannot comment at this time.”

She did not answer a question about whether Hargrove was still employed by AMIkids.

CYFD spokesperson Jessica Preston also declined to comment on allegations in the lawsuit.

“What we can say is that the safety and wellbeing of every child in our care is CYFD’s fundamental obligation, and we take seriously any allegation that a young person was not adequately protected,” she wrote in an email. “… Jaydun Garcia’s death was a tragedy, and CYFD remains committed to accountability in its vendor relationships.”

Following CYFD”s investigation into the incident last year, the agency placed AMIkids on a corrective action plan. Preston noted the nonprofit, whose contract expires June 30, met the requirements of that plan and has not faced any other actions.

Health Care Authority spokesperson Marina Piña wrote in an email the agency could not comment on allegations in the lawsuit. She could not immediately answer questions about the adequacy of behavioral health services at the boys home, or whether such services are now available at state-contracted congregate care facilities.”

Lawsuit accuses state of failing New Mexico foster teen who died at group home
[Santa Fe New Mexican 4/15/26 by Esteban Candelaria]