Public Hearing on the Child Welfare System and the Mandatory Reporting of Child Abuse or Maltreatment in NYS
SUMMARY
The Children and the Law Committee and the Council on Children submitted written testimony to the NYS Assembly Standing Committee on Children and Families and the Assembly Subcommittee on Foster Care in support of the Anti-Harassment in Reporting Bill (A.2479/S.902) and the Family Miranda Bill (A.1980/S.901). The Anti-Harassment in Reporting Bill would require all reporters to the State Central Register to identify themselves, with the reporter’s identifying information provided only to the investigating child protective specialists. The bill seeks to deter false and malicious reporting and, if passed, “would improve our system for reporting and investigating child maltreatment as well as represent an important step toward reducing the disparate impact of the child welfare system on Black, Brown and Indigenous families.” The Family Miranda Bill would ensure that child protective investigators inform parents and caretakers, who are under investigation, of certain rights and information at the beginning of a child protective contact. As stated in the report: “ensuring that parents and guardians know their rights during the child protective investigation will allow parents to make informed decisions for their family and will make the investigation process less frightening and traumatizing for the whole family. This legislation will help ensure that the disproportionately Black, Brown and Indigenous families, affected by child protective investigations, are not coerced into permitting harmful, destabilizing and unnecessary intrusions into their children’s lives.”
TESTIMONY
ASSEMBLY STANDING COMMITTEE ON CHILDREN AND FAMILIES
ASSEMBLY STANDING COMMITTEE ON FOSTER CARE
PUBLIC HEARING ON THE CHILD WELFARE SYSTEM AND THE MANDATORY REPORTING OF CHILD ABUSE OR MALTREATMENT IN NEW YORK STATE
SEPTEMBER 27, 2023
WRITTEN TESTIMONY OF NEW YORK CITY BAR ASSOCIATION
CHILDREN AND THE LAW COMMITTEE
COUNCIL ON CHILDREN
The New York City Bar Association thanks the Assembly Standing Committee on Children and Families and the Assembly Subcommittee on Foster Care for holding a hearing on the Child Welfare System and the Mandatory Reporting of Child Abuse or Maltreatment in New York State.
The Children and the Law Committee, which includes among its members Family Court jurists, attorneys for children, attorneys for parents, and attorneys for the Administration for Children’s Services and its contracted agencies, addresses legal issues that impact the quality of life for children and families. The Council on Children is comprised of representatives of the City Bar committees dealing with children, education, family, Family Court, juvenile justice, and the needs of lesbian, gay, bisexual and transgender youth. Also sitting on the Council are representatives of the child welfare, juvenile justice and foster care communities, including attorneys representing parents and children.
We respectfully submit our committees memoranda, in support of the Anti-Harassment in Reporting Bill (A.2479/S.902) and the Family Miranda Bill (A.1980/S.901), for inclusion in the hearing record.
The Anti-Harassment in Reporting Bill would require all reporters to the State Central Register to identify themselves, with the reporter’s identifying information provided only to the investigating child protective specialists. This bill seeks to deter false and malicious reporting and, if passed, would improve our system for reporting and investigating child maltreatment as well as represent an important step toward reducing the disparate impact of the child welfare system on Black, Brown and Indigenous families. Additionally, providing the reporter s identifying information, to the child protective workers, would allow the workers to investigate the reports more thoroughly thereby leading to a decrease in false reports of child maltreatment made for the purpose of harassment, and an increase in child welfare resources for children in need.
The Family Miranda Bill would ensure that child protective investigators inform parents and caretakers, who are under investigation, of certain rights and information at the beginning of a child protective contact. Ensuring that parents and guardians know their rights during the child protective investigation will allow parents to make informed decisions for their family and will make the investigation process less frightening and traumatizing for the whole family. This legislation will help ensure that the disproportionately Black, Brown and Indigenous families, affected by child protective investigations, are not coerced into permitting harmful, destabilizing and unnecessary intrusions into their children’s lives.
The City Bar strongly supports both bills, and we urge their passage.
Respectfully submitted,
Children and the Law Committee
Amy Hozer-Weber, Esq., Co-chair
Christina Rich, Esq., Co-chair
Council on Children
Cathy A. Cramer, Chair
*Click “Download PDF” to access entire testimony document*
