Episode Details

New Mexico’s governor rolled out a bold new policy in 2025 mandating court involvement and temporary state custody for infants born to mothers using drugs — a drastic shift from the 2019 law that critics say failed to protect babies. Since implementation, 247 infants exposed to meth or fentanyl have been born, with 148 taken into state custody — only five mothers entered treatment voluntarily. Supporters argue the policy holds parents accountable and saves lives, citing zero drug-exposed infant deaths since the law took effect. Critics, including ACLU and child welfare advocates, warn the approach is too rigid, ignores addiction’s complexities, and risks separating mothers from newborns during critical early hours. One mother, who entered rehab voluntarily, said accountability helped her recover — but questioned if the policy works for everyone. Experts urge reforms within CYFD, citing staffing shortages and foster home gaps. The State Supreme Court has upheld the directive, while the governor insists it’s breaking cycles of failed intervention — even as debates rage over whether addiction should be treated as a public health crisis, not a legal one.

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