Albuquerque Children Rights Lawyers

Albuquerque children’s rights lawyers protect the legal and human rights of children harmed by abuse, neglect, or institutional failure. At Collins & Collins, P.C., we stand for children who are mistreated in homes, foster care, group facilities, or schools. We bring legal action when institutions, caregivers, or government agencies violate a child’s civil rights.

Our firm is based in Albuquerque, New Mexico, and represents clients statewide in high-impact children’s rights and civil rights cases. With decades of experience holding powerful systems accountable, we work directly with families, guardians, and advocates to demand justice for vulnerable children across New Mexico.

If you or a loved one has suffered severe permanent harm or death please call (505) 578-2805 or complete our Case Review Form

Experienced Albuquerque Children’s Rights Attorney You Can Trust

Our Albuquerque children’s rights attorneys bring many years of experience fighting for justice in high-impact civil rights cases. We’re not a high-volume personal injury firm; we focus on complex, meaningful cases that demand accountability from powerful institutions. Our team is committed to protecting children harmed by systemic neglect or abuse, and we handle each case with the care it deserves.

Families across New Mexico trust us because:

• We have decades of civil rights litigation experience in state and federal courts.
  
• Our attorneys focus on impact-driven cases involving children and vulnerable groups.
  
• We serve clients statewide, not just in Albuquerque, ensuring broader access to justice.
  
• We fight government agencies and large institutions, not just individuals.

What Legal Rights Do Children Have in New Mexico?

Children in New Mexico are entitled to a broad range of legal rights under both state and federal law. These include the right to safety, education, access to healthcare, and protection from abuse and neglect. The New Mexico Children’s Code outlines core protections for minors in child welfare, juvenile justice, and dependency matters. Federally, laws like Section 1983 allow civil rights claims when state actors violate a child’s constitutional rights. The Americans with Disabilities Act (ADA) adds further protections for children with physical or mental health conditions, particularly in institutional settings.

Together, these laws form a legal framework that ensures children’s legal rights in New Mexico are recognized and enforceable, especially when public systems fail to uphold them.

Who We Represent in Child Rights Cases

At Collins & Collins, P.C., we provide legal representation for a wide range of clients involved in child rights cases. Our Albuquerque child abuse lawyers work with individuals and families across New Mexico who seek justice and protection under the law.

• Abused or neglected children: We advocate for children facing harm in homes, foster care, schools, or institutional settings.
  
• Parents and legal guardians: We represent adults seeking to protect their children’s rights or challenge wrongful state actions.
  
• Grandparents and relatives: We support extended family members fighting for custody or involvement in a child’s care.
  
• Children with disabilities: We protect the rights of children with physical or mental conditions who experience mistreatment or denial of services.

Common Child Rights Violations in New Mexico

Child rights violations are widespread in New Mexico, especially in foster care, CYFD custody, schools, and treatment facilities. These settings often fail to meet basic safety and oversight standards, putting vulnerable children at risk. Our Albuquerque child abuse attorneys work to hold institutions accountable when they violate their duty of care.

Types of Abuse: Physical, Emotional, Systemic

Physical abuse

• Injuries such as bruises, broken bones, or burns are caused by intentional harm.
  
• Use of excessive force by foster parents, staff, or institutional employees.

Emotional abuse

• Threats, intimidation, or constant verbal harassment directed at a child.
  
• Isolation, shaming, or coercive behavior by caregivers or educators.

Systemic abuse

• Neglect due to understaffing, unqualified personnel, or lack of basic services.
  
• Failure by institutions to provide adequate food, medical care, or supervision.

Institutional Settings: Foster Care, CYFD, Schools

Foster Care

• Children are sometimes placed with unvetted or inadequately trained foster parents.
  
• Failure to investigate reports of mistreatment or unsafe conditions.

CYFD Custody

• Youths are held in state custody without access to proper healthcare or education.
  
• Delayed responses to complaints of abuse or neglect.

Public Schools

• Use of restraint or seclusion on students without cause or parental notice.
  
• Denial of services to children with disabilities under IDEA obligations.

Residential Treatment Centers & Group Homes

• Staff who fail to report abuse or follow basic care protocols.
• Neglect of mental health needs or failure to provide prescribed medications.

Legal Obligations of Care Facilities and State Agencies

Under the New Mexico Children’s Code, state agencies and licensed facilities must meet a legally defined duty of care. This includes:

• Maintaining safe living and educational environments.
  
• Providing food, shelter, supervision, and medical attention.
  
• Ensuring access to appropriate education and disability services.
  
• Reporting and acting on signs of abuse or neglect.

When these duties are violated, legal action may be possible through civil rights claims or negligence lawsuits.

How Our Lawyers Investigate and Prove Child Rights Violations in Court

Our child rights attorneys follow a disciplined process to investigate and prove civil rights violations in New Mexico. Every case begins with a thorough review of facts, timelines, and institutional conduct. We examine patterns of harm, document the agency’s actions or failures, and identify how systems broke down. Our legal team approaches each investigation with precision, ensuring the child’s rights are the central focus throughout the process.

Supporting Evidence in Civil Rights Cases

To prove a child’s rights were violated, we rely on objective documentation and reliable sources, such as:

• Medical records: Diagnoses, injury reports, or hospitalization records showing physical harm
  
• Therapy or counseling records: Notes from licensed professionals indicating trauma or emotional distress
  
• Witness testimony: Statements from teachers, caregivers, or facility staff confirming abuse or neglect
  
• Internal institutional reports: CYFD case files, school discipline records, or incident logs

Legal Case Development Against Institutions

We build each case step by step to ensure a strong foundation for legal action:

1. Identify the responsible parties: Agencies, staff, foster parents, or contracted providers.
   
2. Document the rights violations: Establish what protections were ignored or breached.
   
3. File the appropriate civil complaint: In state or federal court, depending on the case.
   
4. Pursue discovery and depositions: Gather internal documents, emails, and witness statements.

Use of Expert Witnesses in Child Rights Claims

Expert witnesses help clarify the long-term effects of abuse and the professional standards institutions must follow. We work with psychologists, pediatricians, and social workers to explain medical and emotional harm to the court. These experts strengthen the credibility of the child’s experience and support the legal claims.

Our Approach to Child Rights Cases

At Collins & Collins, P.C., we take on child rights cases that have the potential to create lasting change. Our firm is mission-driven and impact-focused; we do not handle high volumes of cases, and we do not accept every inquiry. We prioritize cases where children’s rights have been ignored or violated by systems meant to protect them. This selectivity allows us to dedicate the time, resources, and strategy required to challenge institutions and pursue meaningful justice.

What Happens When You Hire Collins & Collins, P.C.

When a family reaches out, we guide them through a clear and respectful onboarding process:

• Initial Consultation: We offer a confidential, no-obligation meeting to understand the situation.
  
• Case Review: Our legal team evaluates available facts and determines if the case meets our focus criteria.
  
• Next Steps: If we move forward, we will explain the legal process and begin the investigation phase with full transparency.

Legal and Emotional Support for Families

We understand that child rights cases involve more than legal arguments; they impact real families. Our team provides clear legal guidance while offering consistent emotional support throughout the process. Families are never left without answers or direction.

Step-by-Step Investigation and Case Process

• Initial Case Review: Understand facts, timelines, and the harm caused.
  
• Evidence Gathering: Collect medical, institutional, and testimonial documentation.
  
• Filing the Lawsuit: Prepare and submit legal claims in the appropriate court.
• Litigation: Engage in hearings, discovery, and negotiations to pursue resolution.

Focus on High-Impact, Mission-Driven Litigation

We focus on high-impact litigation that aims to hold powerful institutions accountable and push for systemic reforms that protect future children. Our goal is not just to win individual cases but to make the system safer for others.

Expected Outcomes & Compensation in Children’s Rights Cases

Child abuse lawsuits in New Mexico can lead to financial compensation for victims and families, depending on the harm involved. While every case is different, compensation may cover both immediate and long-term consequences, especially in cases involving physical or emotional trauma. We help families understand what types of damages may apply and work to secure outcomes that reflect the child’s full experience.

Recoverable Damages in Child Rights Lawsuits

In a successful child rights lawsuit, damages may include:

• Medical expenses: Hospital bills, surgeries, and physical therapy.
  
• Psychological care: Counseling, therapy, trauma recovery services.
  
• Pain and suffering: Compensation for emotional distress.
  
• Loss of normal childhood experiences: Disruption of safety, trust, and development.
  
• Educational disruption: Missed school, lost academic progress, or special education support.

Compensation for Future Medical Needs

When harm leads to long-term consequences, courts may award damages to cover future medical care. This includes therapy, rehabilitation, psychiatric evaluations, or lifelong counseling services tied directly to the abuse or neglect.

Timeline for Resolving Legal Claims

Child rights lawsuits follow a structured legal process that may take several months to a few years, depending on the complexity of the case. The timeline typically includes:

• Case investigation and evidence collection.
  
• Filing of legal claims in state or federal court.
  
• Pre-trial motions, discovery, and depositions.
  
• Settlement discussions or trial proceedings.

We help families understand each phase and stay informed as the case progresses.

What Families Say About Our Child Advocacy Work

Families who come to us are often facing the most difficult experiences of their lives. While we don’t share client names or case details to protect privacy, many families we’ve represented express appreciation for our honesty, compassion, and commitment to justice.

• The attorneys were patient and explained everything clearly.
• We felt like someone finally believed us and was willing to fight for our child.

Our work in child advocacy has helped bring attention to systemic failures and push for accountability across New Mexico’s institutions. We’re proud to be a trusted voice for children and families when it matters most.

No Attorney Fees Unless We Win Your Child Rights Case

We handle child rights cases on a contingency fee basis. That means:

• You pay no legal fees upfront.
  
• We only get paid if your case is successful.

This fee model ensures every family has access to legal help, regardless of income or background.

No fees unless we win.

FAQs About Children’s Legal Rights in New Mexico

Can I Sue CYFD for Removing a Child Without Cause?

Yes, you can sue CYFD for removing a child without cause if the removal violated due process or civil rights. To sue CYFD, you must show the agency acted outside its legal authority under state or federal law.

What Are Signs of Abuse in Foster Homes or Youth Facilities?

Signs of abuse in foster homes or youth facilities include unexplained injuries, emotional withdrawal, fearfulness, malnutrition, poor hygiene, or refusal to return. These signs may indicate physical, emotional, or systemic abuse by caregivers or staff.

How Can I Report Institutional Neglect or Emotional Abuse?

To report institutional neglect or emotional abuse, call CYFD at 855-333-7233, notify local police if urgent, and consult an attorney. Reporting institutional abuse protects children and may trigger investigations or legal action.

Can Grandparents File a Child Abuse Lawsuit on Behalf of Minors?

Yes, grandparents can file a child abuse lawsuit on behalf of minors if they have legal standing, custody, or are appointed as a guardian or next friend by the court.

What If the Child Is Disabled or Has Mental Health Conditions?

If the child is disabled or has mental health conditions, additional legal protections apply under the ADA and state law. Institutions must provide appropriate care, and violations may lead to additional damages.

How Old Must a Child Be to Express Preference in Legal Matters?

A child must generally be 14 or older to express a preference in legal matters in New Mexico. Courts may consider younger children’s views if they show maturity and understand the situation.

Can I Still Sue If the Abuse Happened Years Ago?

Yes, you can still sue if the abuse happened years ago, because New Mexico tolls the statute of limitations for minors. You may have until age 21 or longer if exceptions apply.

Speak to an Albuquerque Child Rights Attorney Now | Free Confidential Consultation

If your child has been harmed by institutional abuse, neglect, or state overreach, don’t wait. Our attorneys at Collins & Collins, P.C. offer a free, confidential consultation to help you understand your legal options with no obligation and no upfront fees. We handle serious child rights cases across New Mexico with care, urgency, and purpose.

Call (505) 624-8603 to speak with an Albuquerque child rights lawyer today.