ASSEMBLY PUBLIC HEARING ON THE CHILD WELFARE SYSTEM AND THE MANDATORY REPORTING OF CHILD ABUSE OR MALTREATMENT IN NEW YORK STATE
New York State Assembly
The New York Mandated Reporting Working Group is a collaboration created to develop policy solutions that address the devastating harm mandated reporting laws inflict on NY families and communities.
For decades, mandated reporting laws have led to the over-surveillance and separation of families, especially Black, Latine, and under-resourced families. Many helping professionals, under the threat of criminal penalties, report families for things like a child not having enough food, warm clothing, or stable housing – problems that stem from poverty, not parental abuse. Even though there is no evidence that more reporting leads to better outcomes for kids, New York lawmakers continue adding new categories of reporters.
We use the term “family policing” because it more accurately reflects how the system is experienced by impacted communities. It is a system that disproportionately surveils, criminalizes, and separates Black, Latine, and under-resourced families.
The New York Mandated Reporting Working Group (NY MRWG) is a collaboration of advocates, including people affected by the family policing system, mandated reporters, lawyers, and researchers. We are dedicated to narrowing reporting laws and stopping the invasive investigations they trigger statewide.
Studies show that mandated reporting policies do not increase accuracy in reporting, particularly regarding “neglect” claims that can be a proxy for poverty. There’s confusion about what should be reported, sending families down a path of scrutiny, disruption, and trauma. In 2022, New York had nearly 130,000 reports of abuse or neglect, and yet, for 76% of these reports, CPS concluded that there was not enough evidence to support a claim of child maltreatment.
Black families are reported seven times more than white families. In New York City, 44% of Black children and 43% of Latine children face investigations, even though they make up 23% and 29% of the city’s population, respectively. As a result, thousands of children and their caregivers are subjected to intrusive investigations.
This staggeringly high number of reports is costly for the State’s taxpayers, with New York City alone spending at least $300 million annually investigating reports that are ultimately unfounded. Meanwhile, crucial services that can keep families intact, like affordable housing and childcare, are underfunded, while the threat of an investigation breaks trust in support systems, making families afraid to seek assistance when they need it. Professionals like therapists and social workers also struggle under these laws, facing burnout and mental health consequences because of the threat of penalties for failure to report.
The mandate to report traps families in a policing system that creates more barriers than pathways to support and interferes in a helping professional’s ability to exercise professional judgment. The NY MRWG believes a new approach, grounded in collaboration and trust, is needed to support families and communities – and changing these laws is a necessary step.
Children's Rights
Redlich Horwitz Foundation
Columbia Law School Family Defense Clinic
Kathryn Krase, PhD, JD, MSW of Making the Tough Call
HOPE585
Mical Raz, MD, PhD, MSHP
JMACforFamilies
NYC Family Policy Project
Mandated Reporters Against Mandated Reporting
Halimah Washington
Angela Olivia Burton, Esq.
Matthew Holm, MD
New Tomorrow
Legal Aid Society Juvenile Rights Practice
Center for Family Representation
Narrowing the Front Door to New York City's Child Welfare System Work Group
Jasmine Wali, MSW
Erinma Ukoha, MD, MPH
Shereen A. White - swhite@childrensrights.org
Joyce McMillan - jmcmillan@jmacforfamilies.org
Jasmine Wali - jwali@rhfdn.org
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