LOS LUNAS, N.M. (KRQE) – It’s an unsettling case, a Los Lunas mother who admitted to beating her infant son to death in 2021. Now, a new lawsuit is placing blame on the New Mexico Children, Youth, and Families Department and a behavioral health facility that treated the mom, Kiria Milton.

A hysterical Milton called police in tears after she found her one-month-old son, Waylon Padilla, dead in her Los Lunas home.

Dispatch: 911, where is your emergency?
Milton: My baby’s dead.

Milton: I don’t know what happened to my f***ing baby.

Eventually, Milton was charged and in August she pled guilty to beating her infant son to death. Now, a new lawsuit is placing blame on CYFD and Central Desert Behavioral Health Hospital, who treated Milton days before the newborn died.

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According to the lawsuit, on November 8, 2021, a week before the child’s death, Milton called police saying she was having serious thoughts of hurting her children, especially her newborn, Waylon. The suit goes on to say Milton was taken to the hospital and despite requests from law enforcement for a 48-hour hold on the kids, they were returned home to be in the care of the father. The suit also alleges that CYFD already had six prior reports or investigations into suspected abuse or neglect at the home.

The lawsuit said the next day, Milton was taken to Central Desert Behavioral Health Hospital who said they would keep her in inpatient care for 5-7 days for her serious psychiatric condition.

But, they released Milton back home to the kids just two days later, on November 11. She was released with medication and instructed to set up an appointment with a mental health professional. On the 15, Milton had beaten Waylon to death.

The lawsuit claims CYFD failed to follow its policies by releasing the children when they were at risk of harm. It also claims Central Desert Behavioral Health Hospital failed to treat Milton appropriately for her psychiatric condition and should not have released her home to her kids just days after expressing thoughts of hurting them.

CYFD told News 13 they cannot comment on litigation. News 13 also reached out to Central Desert Behavioral Health Hospital but did not hear back.

In August, Milton pled guilty to child abuse resulting in death. She faces up to life in prison and is scheduled to be sentenced in December.