Judge awards 8-year-old girl in foster care $485M in sexual assault case
RIO ARRIBA COUNTY, New Mexico -- A judge awarded an 8-year-old girl in foster care $485 million in a sexual assault case in Rio Arriba County. According to court documents, the child was raped repeatedly by her former foster care parent, Clarence Garcia. Garcia, 66, pleaded guilty to seven counts of criminal contact with a minor.
"This was a very angry jury. This jury was trying to send a message. That message was, if you're going to engage in that kind of conduct, if you're going to allow little victims to be hurt like that, you're going to pay," KOAT legal analyst John Day said.
Familyworks, a former nonprofit company, placed the minor in Garcia's care. The company is permanently closed. Familyworks was licensed by the Children, Youth and Families Department. According to Familyworks, its mission was to treat and place 'severely emotionally disturbed' children and young adults from ages 4 to 21 in foster care.
However, court documents reveal Familyworks was aware of sexual assault allegations against Garcia before placing the 8-year-old child in his care.
"The jury was saying, 'Look, you knew or should have known about this, and you have a responsibility if you're going to be engaged in that kind of business involving children's lives,'" Day said. "It's just unacceptable to have that level of negligence that leads to that kind of a tragic situation."
The 70-page lawsuit alleges the company's negligence caused the sexual abuse toward the 8-year-old girl and violated the "Foster Care and Adoption Regulation" Act enacted for the safety and well-being of the public.
CYFD Statement:
"Though Familyworks was licensed by CYFD, the department was not listed as a defendant in the lawsuit.
Jessica Preston, a spokesperson for CYFD, sent KOAT a statement in part:
"We are aware of the disturbing allegations concerning a Familyworks foster parent. We take all allegations with the utmost seriousness, and we will always work alongside law enforcement and all necessary agencies to investigate any allegation. The Department of Children Youth and Families takes and will continue to take appropriate action to hold individuals and agencies, involved with children, accountable and protect the children in the care of New Mexico's foster system."
Garcia was sentenced to 20 years probation. However, he is accused of violating his probation. Garcia's sentence hearing is on Aug. 3, 2023.
"Judges take that seriously. They don't like when people who are on probation violate. You have a civil jury that's angry and now he's going to face a judge who's probably pretty angry as well. If, in fact, he is found to have violated probation, my guess is the judge is going to throw the book at him, given everything that's happened at this point," Day said.
