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Listen: LAS Calls for Reforms to Child Welfare Reporting and Investigations

Attorneys from The Legal Aid Society have published an article arguing that the Administration for Children’s Services (ACS) subjects far more children and families to intrusive investigations than is necessary harming children and violating children and families’ rights.

The authors, Melissa Friedman, Attorney in Charge of Legal Strategy and Training at the Juvenile Rights Practice, and Daniella Rohr, an attorney who has represented youth in both the Juvenile Rights Practice and Immigration Law Unit, are calling on Governor Kathy Hochul to sign into law the Anti-Harassment in Reporting Act. The bill, that has already passed the full Legislature, and would reform a deeply flawed reporting system by ending the state’s practice of accepting anonymous complaints of child maltreatment and replacing it with a system of confidential reporting.

“ACS, judges, and all stakeholders who care about New York City’s children must take urgent note of New York’s aggressive reporting and investigation apparatus,” said Rohr. As it stands, the system overreaches, violating children’s right to privacy and causing immense trauma. Reports and investigations of maltreatment should serve to protect children, not cause unnecessary harm.”

“It is important for city and state actors to understand how much harm a child welfare investigation can cause,” said Friedman. “The mere act of opening an investigation — especially when it involves invasive questioning, unannounced home visits, or the threat of family separation — can deeply traumatize children and destabilize families, even when no evidence of neglect or abuse is ultimately found.”

“This article reflects what we’ve long seen on the ground: a child welfare system that treats too many families— especially families of color — as suspects rather than as people in need of support,” said Dawne Mitchell, Chief Attorney of Legal Aid’s Juvenile Rights Practice. “This approach not only erodes trust between communities and the institutions meant to protect them but also causes lasting harm to the very children the system is supposed to serve. New York City must invest in real, community-based solutions that keep children safe without violating their rights.”

Melissa and Daniella recently appeared on WNYC’s Morning Editon to dicuss their report. Listen to the segment below.