ASSEMBLY STANDING COMMITTEE ON CHILDREN AND FAMILIES
ASSEMBLY SUBCOMMITTEE ON FOSTER CARE

NOTICE OF PUBLIC HEARING

SUBJECT: The Child Welfare System and the Mandatory Reporting of Child Abuse or
Maltreatment in New York State

PURPOSE: To examine the child welfare system and the mandatory reporting of child abuse or maltreatment, including its effectiveness and potential biases within the system, and how the system may be reformed.

Wednesday, September 27th, 2023
11:00 am
New York City
250 Broadway
19th Floor Hearing Room
New York, New York 10007

A range of questions have been raised about the child welfare system and the mandatory reporting of child abuse and maltreatment in New York State, including analysis of the racial and ethnic disparities in child protective services (CPS) investigations resulting from reports of suspected child abuse or maltreatment. CPS investigations can have profound impacts on children and families, including state intervention, family disruption, and child separation.

In 2019, according to the New York State Office of Children and Family Services (OCFS), 86.6% of children in the State's foster care system in 2022 were placed in care due to a Family Court Article 10 proceeding resulting from an investigation of child abuse or maltreatment. Further, according to OCFS data, Black children were 3.7 times more likely to enter foster care than White children, representing 52% of children in foster care in New York State. In New York City, specifically, the New York State Bar Association in 2020 found that although Black and Hispanic children comprise only 61.3% of the total city population, they constitute 87.8% of the children in CPS investigations. The New England Review of Medicine also noted in 2020 that, by the time they reach 18 years old, 53% of Black children in the United States will have been subjected to at least one CPS investigation compared to 28% of White children and 37% of all children. In light of these findings, the Committee and Subcommittee are interested in examining the child welfare system and the mandatory reporting of child abuse or maltreatment in New York State.

The Committee and Subcommittee seek to receive testimony from relevant stakeholders focused on the mandated reporting system in New York State, the short- and long-term impacts on children and families involved in the State's child welfare system, its effectiveness, and any recommendations that may be appropriate to help the State reform this system, including enhanced enforcement at the state and local levels. Additionally, the Committee and Subcommittee seek to examine the extent to which racial and ethnic disparities exist within the child welfare system in New York and its effect on minority children and families across the State.

Oral testimony will be limited to five (5) minutes. In preparing the order of witnesses, the Committee and Subcommittee will do their best to accommodate individual requests to speak at specific times in view of special circumstances, however these are not guaranteed. These requests should be made on the attached reply form or communicated to Committee staff no later than Friday, September 22nd, 2023.

Please note that this public hearing will take place in New York City, and witnesses must attend in person if they wish to make a public statement. No virtual testimony option is available for this hearing.

Ten (10) copies of witnesses' prepared testimony must be submitted at the hearing registration desk on the day of the hearing and one copy must be submitted by email to the contact listed below no later than two (2) days prior to the hearing. The Committee and Subcommittee would greatly appreciate advance receipt of prepared statements.

Attendees and participants at any legislative public hearing should be aware that these proceedings are video recorded. Their likenesses may be included in any video coverage shown on television or the internet.

In order to further publicize these hearings, please inform interested parties and organizations of the Committee's and Subcommittee's interest in hearing testimony from all sources.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

Andrew Hevesi
Member of Assembly
Chair, Committee on Children and Families

Taylor R. Darling
Member of Assembly
Chair, Subcommittee on Foster Care