NEW MEXICO YOUTH RESIDENTIAL TREATMENT FACILITY SEXUAL ABUSE LAWSUITS

Fighting for Survivors Abused in New Mexico Youth Residential Treatment Facilities

Youth residential treatment facilities are supposed to provide vital mental and behavioral healthcare to vulnerable children and teens. Shockingly, several New Mexico youth residential treatment facilities have been highlighted in lawsuits and investigations alleging severe negligence, abuse, and mistreatment of the youth in their care.

An increasing number of former patients from youth residential treatment centers in New Mexico are coming forward with alarming stories of sexual abuse by staff members. They are not only recounting their traumatic experiences but also holding facility operators accountable for failure to ensure their safety and protect them from harm.

If you or a loved one has suffered sexual abuse in any New Mexico youth residential treatment center, contact our experienced attorneys at Levy Konigsberg for help. We can assist you in getting justice and compensation.

History of Sexual Abuse in New Mexico Youth Residential Treatment Centers

In June 2024, the U.S. Senate Finance Committee released a sweeping report detailing abuse at residential treatment facilities operated by major healthcare companies, including Universal Health Services, Acadia Healthcare, and Vivant Behavioral Healthcare (formerly Sequel Youth and Family Services), all of which operate or operated such facilities in New Mexico. The report revealed systemic sexual, physical, and emotional abuse, unsafe conditions, inhumane confinement practices, and neglect throughout these facilities.

There is a disturbing record of physical and sexual abuse in New Mexico youth residential treatment centers, as highlighted by legal cases, criminal charges, and investigations by federal agencies and youth advocates. These incidents reveal a pervasive issue of abuse in these facilities, resulting from the inadequacies of these companies in probing allegations properly, reporting abusive staff members, and safeguarding the children entrusted to their care.

Examples of alleged abuse, and of conditions likely to lead to abuse, include the following:

Bernalillo Academy

• In December 2021, The Bernalillo Academy was ordered to shut down by state officials after an investigation by the Children, Youth and Families Department (CYFD) revealed numerous cases of staff-on-child abuse. The facility surrendered its license on December 1, ahead of the planned closure on December 22.

The investigation revealed inadequate background checks, unqualified staff, and abuse by staff, including inflicting injuries by whipping children with tree branches. There were also reports of unaddressed physical aggression and sexual harassment among residents. The situation was reportedly so severe that some of the children expressed feelings of abandonment and fear for their safety from sexual abuse by fellow residents. 

The facility was handling severe developmental and behavioral issues in children and teens, making the allegations even more concerning.

• In December 2021, in a news report, an attorney from Disability Rights New Mexico, part of a federally authorized network of protection and advocacy organizations, condemned the conditions at Bernalillo Academy, calling them “horrific.” The facility, which cared for children as young as 4, was plagued by reports of physical abuse, with kids often sporting bruises, bite marks, and other visible injuries. Furthermore, investigators uncovered a disturbing lack of supervision, allowing children to harm and sexually exploit each other without intervention.

Desert Hills Youth Residential Treatment Center

• In July 2023, a New Mexico jury awarded $485 million against Desert Hills for placing an 8-year-old girl in foster care with Clarence Garcia despite knowing he was a sexual predator, leading to her abuse and his criminal charges.

In January 2023, Clarence Garcia entered a guilty plea to 7 counts of criminal sexual contact with a minor, stemming from the abuse of 6 girls in his care over six years, as part of a plea agreement that would spare him from serving jail time.

In April 2023, Mr. Garcia allegedly violated his probation terms by maintaining a forbidden Facebook account featuring photos of young relatives, children’s items, and weapons, as well as interactive video games and suggestive content.

• In April 2019, seven lawsuits alleged Desert Hills failed to protect clients from physical and sexual abuse by staff and peers, including fight clubs instigated by staff and staff-on-minor sex. Allegations also included HIV transmission, excessive restraint use (30+ incidents in 60 days), and neglect. New Mexico’s CYFD subsequently shut the facility down. 

• In February 2019, a lawsuit revealed a 7-year-old boy was repeatedly sexually abused by older children at Desert Hills Youth Detention Center, starting in 2017, despite an ongoing investigation by New Mexico’s CYFD.

• In May 2018, a report exposed Desert Hills’ history of negligence, including 288 violations since 2012, such as missing background checks and incomplete home inspections. Despite this, CYFD repeatedly renewed the facility’s license, citing a “commitment to correct” deficiencies. 

Los Niño’s Academy

• In March 2023, a lawsuit alleged that three boys, ages 8 to 15, who had already been through sexual abuse before coming to Los Niño’s Academy, suffered abuse at the treatment center. The CYFD eventually shut down Los Niño’s Academy.

Mesilla Valley Hospital

• Mesilla Valley Hospital is run by Universal Health Services (UHS), a national healthcare giant with a disturbing track record of sexual abuse incidents.

• A study by the Citizens Commission on Human Rights found 32 publicly reported incidents of sexual abuse at UHS facilities. For example, Ernest Parker, a mental health technician, was arrested in 2013 for sexually abusing six girls at Milton Girls Juvenile Residential Facility. He was sentenced to 25 years in prison in 2014. In October 2020, 20 former patients at Cumberland Hospital in Virginia filed a $127 million lawsuit 2020 alleging sexual abuse, physical assaults, and deception, including allegations against former medical director Dr. Daniel Davidow.

Investigating Sexual Abuse at New Mexico Residential Treatment Facilities

Levy Konigsberg is currently examining reports from past and present youth inmates who experienced sexual abuse by staff at residential treatment facilities throughout New Mexico. This investigation covers facilities, whether still operating or closed, with a known history or allegations of sexual abuse and related complaints, including:

• Peak Behavioral Health Services
• Bernalillo Academy
• Desert Hills of New Mexico
• Los Niño’s Academy
• Mesilla Valley Hospital

Do I Have a Case?

You may have grounds to file a civil legal action if:

• You were sexually abused by a guard, counselor, nurse, or other youth residential treatment or juvenile detention center staff member.
• The abuse occurred at any youth residential treatment or juvenile detention facility.

Levy Konigsberg represents survivors in civil lawsuits that aim to hold youth residential treatment facilities,  juvenile detention centers, private healthcare companies, and other facility operators accountable for their failures to stop abusive staff members and protect young residents.

As civil claims, these cases are separate from any criminal proceedings that may arise from abuse and focus instead on holding institutions liable for damages. This means you may still have a claim even if:

• Your abuser is no longer alive.
• Your abuser was never charged with or convicted of a crime.

Recoverable Damages in Sexual Abuse Claims

In addition to providing accountability and a sense of justice, civil sex abuse lawsuits allow survivors to recover financial compensation for their damages, which may include:

• Past medical and mental health expenses
• Future mental health expenses, including therapy, medications, etc.
• Pain and suffering
• Emotional anguish and psychological harm
• Lost income
• Other economic and non-economic damages

New Mexico Sexual Abuse Attorneys

The statute of limitations for civil sexual abuse lawsuits sets a deadline for victims to bring New Mexico child abuse claims against their abuser.   Survivors of child sex abuse can file until age 24 or within three years of disclosing the abuse to a healthcare provider or counselor, whichever occurs later.

However, a proposed bill (HB 73) introduced in 2025 offers hope for change. This bill would provide better opportunities for victims to seek justice if passed. If passed, the bill would eliminate the civil statute of limitations for sexual abuse cases and open a permanent revival window for victims whose claims expired under the current statute of limitations.

Levy Konigsberg's experienced attorneys can help evaluate claims under these laws, including those for abuse that occurred years or even decades ago, and explain your rights and options.

We are committed to protecting the most vulnerable members of our society and seeking justice for survivors of sexual abuse in juvenile detention centers and youth residential treatment facilities. Our experienced team is dedicated to providing legal representation and support to survivors, and we are actively investigating allegations of abuse. We are working tirelessly to ensure that survivors have access to justice and that future generations of young people are safe from harm within these institutions.