When the state takes a child into custody, it assumes a legal and moral obligation to keep them safe. Yet, for many families in New Mexico, the juvenile justice system has become a source of profound trauma rather than rehabilitation.
If your child suffered sexual abuse, physical assault, or medical neglect within a New Mexico facility, such as the Youth Diagnostic and Development Center (YDDC) or the Bernalillo County Youth Services Center, you have the power to hold those institutions accountable. You can file a lawsuit against juvenile detention centers to seek accountability and force systemic change that will protect other children from harm.
At Collins & Collins, P.C., we believe no family should have to carry this burden alone. Our team understands these systemic failures from the inside out. One of our attorneys, Alysan, specializes in cases involving children and is often appointed as a Guardian Ad Litem (GAL) to ensure that the child’s interests are being served. We fight to hold the CYFD and their contractors accountable, providing the trauma-informed guidance you need to file the lawsuit, protect your child’s future, and secure the justice they deserve.
Call us now and take the first step towards justice.
Juvenile Detention Lawsuits And Legal Time Limits in New Mexico
Systemic abuse in youth custody is a national crisis. But the legal system is finally holding institutions accountable. Through Juvenile detention center lawsuits, you can seek justice for your child, seeking compensation and accountability from the institutions that failed to protect them. It exposes the systemic failures that allowed neglect, sexual assault, emotional abuse, and physical violence to occur.
In recent years, lawsuits against juvenile facilities have been increasing as new state laws are being introduced. Currently, the statute of limitations for childhood sexual abuse in New Mexico provides a survivor until their 24th birthday, or three years from the date they first disclose the abuse to a licensed healthcare professional, whichever is later.
For any incident involving a government-run facility, your most urgent hurdle is the 90-day Tort Claims Notice. Under the New Mexico Tort Claims Act, you must file a formal notice of your intent to sue within 90 days of the injury or the discovery of the abuse.
If this deadline is missed, the state can invoke sovereign immunity to have the case dismissed entirely. This rule applies even if you are still within the separate statute of limitations for the lawsuit itself. Whether the facility is state-run like YDDC or a county-operated center like the Bernalillo Youth Services Center, this notice is the essential first step that keeps your legal options alive.
Recent Legal Updates: HB 73 and the Revival Window
For survivors of childhood sexual abuse whose cases are older, the 2026 legislative landscape is shifting. While previous efforts like the 2025 Child Victims Act (HB 73) paved the way, the focus has now turned to House Bill 151, a historic piece of legislation that could redefine justice in New Mexico.
- Proposed Extension: If passed, HB 151 will extend the time limit for filing civil claims from the 24th birthday all the way to the survivor’s 58th birthday.
- The 2026 Revival Window: Most importantly, the bill proposes a new “Lookback Window” starting July 1, 2026. This would allow adults to file lawsuits for abuse that occurred decades ago, even if their original deadlines have long since expired.
Types of Abuse & Neglect in NM Detention Centers
Abuse and neglect in New Mexico youth detention facilities can take several forms, each involving failures in supervision, care, or facility practices. The categories below reflect the most common types of conduct examined in civil claims involving detention centers.
Sexual Abuse and PREA Violations
The federal Prison Rape Elimination Act (PREA) mandates zero tolerance for sexual abuse. However, power imbalances often lead to:
- Staff-on-Youth Abuse: Any sexual contact between a staff member and a detainee is illegal, regardless of consent. This includes grooming, coercion, and exchange of contraband for favors.
- Failure to Protect: When staff ignore known threats or allow vulnerable youth to be housed with known predatory residents.
Physical Abuse and Excessive Force
While security staff are permitted to maintain order, they are prohibited from using punitive violence. Actionable claims often involve:
- Use of restraints (shackles, pepper spray, tasers) as punishment rather than safety.
- Rough rides or slamming youth during transport.
- Beatings disguised as compliance measures.
Solitary Confinement and Isolation
New Mexico has placed restrictions on the use of solitary confinement for minors due to its devastating psychological impact. Lawsuits may arise when:
- Isolation is used for minor rule infractions rather than immediate safety threats.
- Youth are left in cells for 22+ hours a day without access to education or mental health checks.
- Suicidal youth are placed in isolation cells rather than receiving medical intervention.
Medical and Mental Health Neglect
The state has a constitutional duty to provide adequate medical care. Liability arises when:
- Prescription medications are withheld or administered incorrectly.
- Requests for medical attention are ignored, leading to worsening conditions.
- Mental health crises are met with force instead of therapy.
Who Is Liable? Identifying the Defendants
In a juvenile detention lawsuit, holding the actual abuser accountable is rarely enough, as they typically lack the funds to compensate the survivor. Our firm focuses on systemic liability, holding the entities responsible for hiring, training, and supervising the abuser accountable.
1. The State of New Mexico (CYFD)
The Children, Youth and Families Department operates state facilities like YDDC. Claims against CYFD focus on systemic failures, such as poor hiring practices, lack of staff training, and ignoring previous complaints of abuse.
2. County Governments
For facilities like the Bernalillo County YSC, the county government is the responsible party. These cases often involve proving that a county’s “custom or policy” led to the violation of rights.
3. Private Contractors
Many facilities outsource medical care, food services, or security to private for-profit companies (e.g., Corizon, Wellpath, or security firms).
- Why this matters: Private companies may not be protected by the same damages caps as government entities, potentially allowing for higher compensation for the survivor.
- The Negligence: These companies often cut corners to increase profits, leading to understaffing and unqualified personnel.
The Civil Lawsuit Process: From Investigation to Justice
Filing a lawsuit against a detention center is a complex process involving multiple stages. Our firm handles the entire legal burden so the family can focus on healing.
Step 1: Immediate Investigation & Preservation
We move quickly to send Spoliation Letters to the facility, demanding they preserve:
- Surveillance footage (which is often deleted quickly).
- Shift logs and incident reports.
- Internal emails regarding the incident.
- Personnel files of the accused staff members.
Step 2: Filing the Complaint
We draft a detailed civil complaint outlining the Constitutional rights violated (e.g., 8th Amendment protection against cruel and unusual punishment, 14th Amendment due process).
Step 3: Discovery and Depositions
This is where we force the state to answer questions. We interview witnesses, depose facility directors, and review internal audits to prove that the facility knew about the risks and failed to act.
Step 4: Resolution
Many cases are resolved through settlement negotiations or mediation, ensuring compensation without the trauma of a trial. However, if the state refuses to offer a fair settlement, our litigation team is prepared to go to court.
What If You Don’t Have Evidence or Don’t Remember Everything?
Gaps in memory or documentation are common in cases involving harm in youth custody settings. Trauma, time, and limited access to records can make it difficult for individuals to recall details or retain evidence. In many situations, relevant information may still exist within facility or agency systems, even if it is not immediately accessible to the person affected.
Records that may still exist include:
- Incident reports or internal facility logs
- Medical or mental health notes created during detention
- Staffing schedules or supervision records
- Grievance filings or complaint documentation
What Damages Are Available in a Juvenile Center Abuse Lawsuit?
While no amount of money can erase the trauma of abuse, a successful settlement or verdict provides the resources necessary for a survivor’s future. In New Mexico, damages may include:
- Mental Health Treatment: Funding for long-term therapy, psychiatric care, and counseling.
- Medical Expenses: Coverage for past and future medical bills related to the injury.
- Loss of Future Opportunity: Compensation for how the trauma impacted education, development, and future earning capacity.
- Pain and Suffering: Non-economic damages for the physical pain and emotional anguish endured.
- Punitive Damages: In cases involving private contractors or individual bad actors, the court may award additional damages designed to punish egregious conduct.
Facilities with Reported Issues in New Mexico
While abuse can occur in any facility, certain institutions in New Mexico have faced repeated scrutiny, state audits, and allegations regarding safety failures, staffing shortages, and civil rights violations.
Youth Diagnostic and Development Center (YDDC)
Located in Albuquerque, YDDC is the state’s primary secure facility for committed youth. Reports and legislative concerns have frequently highlighted issues such as:
- Overcrowding leading to increased youth-on-youth violence.
- Staffing shortages resulting in excessive use of lockdown or isolation.
- Allegations of staff-on-youth sexual misconduct.
Bernalillo County Youth Services Center (YSC)
As a detention center for youth awaiting court dates, the YSC has faced investigations regarding:
- Inadequate medical and mental health care.
- Unsafe release procedures.
- Failure to prevent assaults in common areas.
Other Facilities of Concern
- Camino Nuevo Youth Center (Albuquerque)
- San Juan County Juvenile Services Center
- Doña Ana County Juvenile Detention Center
Statistics on Juvenile Center Abuse Lawsuits
Federal oversight programs collect data on abuse in youth detention facilities, focusing on reported and substantiated incidents rather than lawsuit outcomes or settlements. These statistics provide context for systemic risks and facility oversight, not for individual case results.
| Source | What It Measures | Why It Matters |
|---|---|---|
|
Bureau of Justice Statistics (BJS) Report |
Reported allegations of sexual victimization | Provides standardized national data across youth facilities |
| BJS Survey of Sexual Victimization | Allegations vs investigations vs confirmed cases | Shows that not all reports are substantiated |
|
PREA Reporting Report |
Facility compliance and incident reporting | Highlights oversight and enforcement expectations |
Note: These statistics show patterns of reported abuse and oversight challenges in juvenile facilities. Reported allegations do not always reflect confirmed violations and indicate systemic trends rather than individual case outcomes.
How Collins & Collins, P.C. Secures Justice for Your Family
Navigating the complexities of juvenile detention abuse requires a partner who balances rigorous investigation with profound empathy. We specialize in holding New Mexico facilities accountable while prioritizing the privacy of young survivors.
Our Investigative & Procedural Support:
- Trauma-Informed Intake: A safe, confidential space for survivors to share their journey.
- Liability Identification: Pinpointing responsibility across staff, state agencies (CYFD), and private contractors like Wellpath or Corizon.
- Evidence Preservation: We immediately issue Spoliation Letters to ensure surveillance footage and incident logs aren’t lost.
- Navigating Deadlines: We manage the critical 90-day Tort Claims Notice and the evolving deadlines under HB 151.
Why Our Experience Matters:
- Guardian Ad Litem Expertise: Attorney Alysan Boothe Collins understands the “best interests of the child” from an official court-appointed perspective.
- Impact Litigation: We don’t just seek settlements; we aim to force systemic policy changes in NM facilities.
- Privacy First: We routinely use pseudonyms (e.g., John Doe) to protect your child’s identity throughout the public legal process.
If you are seeking to understand how your case is reviewed under New Mexico’s 2026 revival window or need to file a notice of claim, we can clarify your next steps with a free case review.
Get Justice from a Juvenile Detention Center Lawsuit for Abuse & Neglect
Juvenile detention center lawsuits aim to address harm that occurred in custody and hold institutions or responsible parties accountable for failures in supervision, safety, or care. Each case is unique, but these lawsuits generally focus on evaluating responsibility and the types of harm involved. Families seeking a clearer understanding of how these cases work may consult legal counsel for general guidance.
If your child was harmed in YDDC, Bernalillo County YSC, or any New Mexico juvenile facility, contact Collins & Collins, P.C. immediately. We provide a free, confidential case review to help you understand your options and stop the cycle of abuse.
Frequently Raised Concerns About Juvenile Detention Lawsuits
We simplify complex legal matters by providing clear, concise, and accurate answers to your most pressing questions.
Sexual abuse in juvenile detention centers is often linked to inadequate supervision, staffing shortages, poor reporting systems, misuse of isolation, and power imbalances between youth and staff. These risks increase when oversight and accountability mechanisms break down.
Sexual abuse has been reported in juvenile detention facilities, but its prevalence is difficult to measure. Data often reflects reported allegations rather than confirmed findings, and underreporting remains a known issue.
There is no standard timeline. Resolution depends on factors such as access to records, the number of defendants, government involvement, and the complexity of the allegations.
Some portions of a settlement may be taxable, depending on how the compensation is classified. Tax treatment varies by case and should be reviewed individually.
Courts may limit public access to filings in juvenile abuse cases, but full confidentiality is not guaranteed. Public rules and due process requirements can restrict secrecy.
Payouts in juvenile detention abuse cases vary widely and depend on the nature of the harm, length of abuse, long-term impact, and who is legally responsible. There is no standard amount, and outcomes differ based on the specific facts of each case.