ALBUQUERQUE, N.M. (KRQE) – A civil lawsuit against the New Mexico Children, Youth, and Families Department involving a developmentally and intellectually delayed teen girl getting raped by her foster parents has been settled. The lawsuit claimed they put the girl with a known sexual predator.
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Clarence Garcia pled guilty to seven sexual abuse charges as part of a plea deal in January 2023. One of his victims included a vulnerable teen girl. “Beginning when she was 14 J.H., an intellectually and mentally delayed young woman, was continuously raped by Clarence Garcia for 16 months while in his supposed care,” said the victim’s attorney Kate Ferlic.
At sentencing, Garcia avoided prison time. “I will fully suspend that sentence on the condition that you complete 5-20 years of supervised probation,” said Judge Britt Baca at sentencing.
Garcia violated his probation and is now serving three years in state prison. Meanwhile, the victims filed lawsuits against the state and the non-profit that placed kids in Garcia’s care. “The foster care system can silence a child’s voice. The system defers to adults and assumes that broken foster children must be making things up,” said Ferlic.
Five civil lawsuits were filed against the non-profit Familyworks. In two of those cases, CYFD was also sued. Both lawsuits claimed CYFD failed to protect the victims. CYFD settled the case with the 14-year-old girl for $700,000 but the agency is still facing another lawsuit involving Garcia’s actions. “M.R. was sexually abused by Clarence Garcia when she was 10 years old,” said Ferlic.
Following a state investigation into the allegations, CYFD revoked Familyworks license closing down the non-profit.
A lawsuit that didn’t involve CYFD was settled last year. The guardian of an eight-year-old victim sued the Garcia’s, Acadia Healthcare, and Fmailyworks. A jury awarded the family $485 million.
