Family files suit against state in hot car death

PORTALES — The family of a girl who died in 2017 after being left in a hot car at a Portales daycare is suing the state, alleging shortcomings in training and supervision contributed to the death.

The case, filed in U.S. District Court, lists Erika Tafoya, the mother of Maliyah Faith Jones, suing the New Mexico Department of Human Services, the New Mexico Children, Youth and Families Department, the former Taylor Tots Daycare and former owners Sandi and Mary Taylor for wrongful death, personal injury, loss of parental consortium and other damages.

A telephonic scheduling conference is set for Dec. 17 in the case. The plaintiff seeks monetary damages to be awarded by a jury covering punitive damages, court costs and other appropriate relief.

According to the complaint:

• Maliyah Jones was one of a dozen children taken to a local park by the Taylors as part of that day’s activities at the daycare July 25, 2017. Upon their return, the Taylors forgot the 22-month-old Maliyah remained in a hot car after failing to do a head count. She was discovered 2 1/2 hours later, and declared dead upon arrival at the hospital. The suit does not reference a second child left in the car who eventually recovered from injuries.

• The CYFD advised the Taylors they were prohibited from transporting children by vehicle and were in violation of rules for permission slips and car seats, but failed to monitor for compliance or notify parents of those facts.

• Maliyah Jones’ death is described as “the inevitable consequence” of CYFD and HSD’s failure to properly recruit, license, train, monitor and support service provider. “CYFD’s and HSD’s failure to maintain a system to ensure that policies and procedures are being followed prevents children from being given individual as well as group attention and care ... and disrupts the safety of children.”

The Taylors were found guilty in February for two counts of child abuse, one resulting in injury and another in death. Each received an 18-year prison sentence in March.

The state, represented by the Hinkle Law Firm of Roswell, denies the allegations.