Death lawsuit filed against CYFD for 1-month-old infant
By Nick Catlin
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LOS LUNAS, New Mexico (KOAT) — The New Mexico Children, Youth and Families Department now faces a lawsuit stemming from a 2021 infant death in Los Lunas.
The death of 1-month-old Waylon Padilla was ruled a homicide by police during its investigation. This led to mother Kiria Milton facing a charge of child abuse resulting in death.
The lawsuit claims that CYFD should have known about Milton since she had six earlier reports to the department. That includes an allegation of physical abuse of one of her other children.
Milton pleaded guilty to the charge in August 2023. She will face sentencing on Dec. 14. The new lawsuit states CYFD and the state Behavioral Health Services should have known Padilla was at risk of harm.
After his birth on Oct. 12, Milton called 911 and stated she was having persistent thoughts about physically harming her children, according to the lawsuit. That phone call was made on Nov. 8.
Law enforcement responded to her residence, and Milton was transported to a hospital for a psychiatric assessment, according to the lawsuit. It went on to claim CYFD was notified of suspected abuse by law enforcement, including a 48-hour hold request.
The lawsuit states that CYFD did not place Padilla or his older sibling. This was due to their father, Saint Padilla, returning from work while Milton was being assessed.
The lawsuit claims the behavioral health assessment done at Presbyterian Hospital found her to be a “high risk” for harm to others. It also says she was at an “imminent” risk level for homicide.
The hospital placed Milton on a seven-day hold before being transported to Central Desert, an inpatient psychiatric care facility and defendant in the lawsuit.
She was checked into Central Desert on Nov. 9 and released two days earlier, according to the lawsuit. This came after she was projected to stay between five and seven days.
Padilla continued to stay home from work for some days, but he had to return to work on Nov. 15. The lawsuit states that Milton killed the infant while he was at work.
Another violation being alleged against CYFD is it had a duty to ensure the children would be safe with adult guardians and living in a safe environment.
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