New Albany Bill Aims to Enhance Child Welfare Investigations

A recently approved bill in Albany is set to require the city’s struggling child welfare agency to provide essential records to state investigators. This move aims to ensure that tragic cases involving children can be thoroughly investigated.

The interim legislation, pending approval or veto from Gov. Cathy Hochul by the year’s end, seeks to eliminate a major roadblock to justice. It would give the state Bureau of Investigation access to records that were previously kept from them regarding child welfare agencies.

“State law prevents DOI from providing much of the oversight that it gives to other city agencies,” remarked DOI Director Nadia Shihata in an interview.

In a recent report, the oversight unit highlighted that state law, along with significant delays from the Department of Children and Family Services, hampered investigations into 17 out of 18 child fatalities last year involving the Administration for Children’s Services (ACS). A concerning report was released last month.

Under the current law, ACS records could be withheld from investigators if found to be “unfounded,” a practice that this new bill seeks to change.

Additionally, if the DOI needs to investigate cases of potential sexual misconduct involving ACS caseworkers, they must currently obtain permission from the OCFS, which can be problematic.

“Right now, that information is often not available,” Shihata noted.

The proposed law would permit the DOI to retain similar investigative powers over city agencies as the district attorney’s office possesses.

State Rep. Andrew Hevesi (D-Queens), a supporter of the bill, expressed confusion as to why the DOI shouldn’t be involved in examining ACS employees’ responses to incidents, particularly in tragic situations like child fatalities. He stressed that current laws discourage proactive safety measures.

“I don’t think anyone can discuss this with a straight face,” he remarked, adding that he doesn’t expect the governor to oppose the bill either.

Shihata also expressed hope that the governor will endorse the bill, stating that there has been no public opposition to its passage.

The bill secured unanimous approval in Congress, although State Sen. Mark Walczyk (R-Jefferson) was the only dissenting voice in the Senate.

The governor’s office has not yet clarified its position on the legislation.

“Protecting the health and safety of all New Yorkers, especially vulnerable children, is the Governor’s top priority, and he intends to review the bill,” said Hochul representative Nicolette Simmons.

Hevesi noted that the push for this change was initiated during former Mayor Eric Adams’ tenure, and Mayor Zoran Mamdani’s administration is also taking this matter seriously.

In closing, ACS President Marisa Kaufman acknowledged the critical oversight role of the Bureau of Investigation, affirming their commitment to accountability regarding employee misconduct. She stated that ACS is also dedicated to maintaining transparency while ensuring the confidentiality of the families they serve.

The state Department of Children and Family Services did not provide any comments when approached for a response.