Report states that anonymous calls are associated with over-reporting of child maltreatment which constitutes a significant drain on the child welfare system.
FOR IMMEDIATE RELEASE
NEW YORK, June 1, 2021- The Adoptive and Foster Family Coalition of New York (AFFCNY) published their report “Child Abuse or Maltreatment Reports to the Central Register Must Include the Caller’s Name and Contact Information” on June 4th, 2021.
The report was the focus of the non-profit organization’s May 5th meeting with legislators and experts in the child welfare arena, including therapists, clinical professors of law as well as those most impacted by anonymous reporting: impacted parents and foster parents. The pivotal topics discussed at the May 5th Roundtable:
- The New York State Office of Children and Family Services re-interprets New York State law and accepts anonymous referrals and, as such, the central register currently accepts anonymous reports by voluntary reporters. This is done despite the fact that New York State law does not allow for the acceptance of anonymous reports in which the caller does not give his/her/their name and contact information. State law, in fact, requires that the names of all reporters of child abuse and/or maltreatment be kept confidential, allowing disclosure only under specific circumstances stated in the law.
- As a result of this re-interpretation, far too many families are forced to endure unnecessary CPS investigations. The consequences of this means that CPS employees have less time to focus on the statistically more rare, yet more serious, cases.
- Anonymous reporting allows for vindictive family members, perpetrators of domestic violence, disgruntled landlords, biased or racist community members or uninformed neighbors to be able to level accusations at any time without accountability or consequences.
- Anonymous reporting impacts parents’ legal rights by initiating an investigation process – often involving poorly-informed or baseless/false allegations – that may violate parents’ constitutional due process rights. Parents — many of whom already may be coping with financial and emotional pressures as a result of poverty, unstable housing, food insecurity, and lack of social support – may find themselves under even greater stress as they struggle to address anonymously reported allegations that research makes clear are not likely to be substantiated.
- Children suffer and are exposed to long lasting trauma when unnecessarily subjected to questioning, physical exams and at times temporary removal.
- The impact of anonymous reporting disproportionately affects families of color and is particularly pervasive with African American families who are reported at close to twice the rate of white families, and are more likely to receive higher levels of intervention following a report. Numerous studies have found that reports of child abuse and particularly of neglect disproportionately target African American and low-income families and that these calls largely revolve around issues of economic insecurity, such as lack of food and stable housing, rather than abuse.
- Anonymous reporting misuses millions of taxpayer dollars, imposes a substantial emotional and traumatizing burden on families (particularly families of color), and disproportionately impacts foster and adoptive families.
Given that ACS investigators will speak to a family’s neighbors throughout the course of the investigation, one of the May 5th panelists, J.S., a foster parent, stated “Once an allegation is made; the foster parents become outcasts….One of the biggest problems that we have is having ACS as well as the agency understand that these anonymous calls are traumatic. We are impacted because we are ostracized by our neighbors.” Further, J.S. also shared the story of having had an unsubstantiated allegation made against her that forced her grown children to leave home for fear that these allegations and the ensuing investigations and potential legal ramifications would affect their military careers. Despite her entreaties to understand the source and substance of the accusations, an otherwise constitutionally protected right to due process, the foster care agency and ACS told her they can’t speak to her once allegations are levied. Her big question is “Why can’t we be part of the conversation?”
The extremely low percentage of reports by anonymous callers that are determined to involve actual child abuse or maltreatment, makes it clear that anonymous reporting leads to unnecessary investigations of families that taxes an already overburdened system. In the case of intentionally false reports, CPS must invest resources in investigating baseless allegations, diverting time and expertise needed to assess children and families where there is truly a significant risk of harm. Anonymous reporting poses a significant impediment to children receiving critical protective services.
The cost of investigating anonymous reports can only be estimated, but one method that can be used draws on data from multiple sources. A study in Minnesota published in 2018 found that on average, social workers conducting child abuse investigations spent an average of 19 hours per case. The estimated cost per investigation in Minnesota was found to be $1,090. These costs included personnel costs for social workers, case aids, and supervisors; report intake and screening; travel costs covering case workers’ in-home visits with families; and any drug testing conducted over the course of the investigation.
In New York State, there were 167,881 reports of child abuse or maltreatment to the Central Register in 2017. Of these reports, 24.0% were indicated. The remaining 127,609 reports were unfounded. If the Minnesota per-investigation cost data were applied to these New York State unfounded reports, the cost of these investigations would total $128,758,481. If the federal data that show that 16% of all calls are anonymous or unknown are used in this analysis, the total cost of investigating 16% of the unfounded reports would total $20.6 million.
AFFCNY’s commitment to families caring for the most vulnerable children in New York State has not wavered during the pandemic. We are committed to serving all foster and adoptive families like J.S.’s family. We are committed to supporting legislation to eliminate anonymous child abuse and neglect reports and replace them with confidential reports; requiring callers to the State’s Central Registry to provide identifying information when making a report. Additionally, the AFFCNY believes New York State law should mandate civil and criminal penalties against those who have been deemed to make malicious and false reports of child abuse, neglect or maltreatment.
The published report will be available to the public on the Coalition’s website, AFFCNY.org. on the release date. Advanced copies will be released to media inquiries upon request.
The mission of the AFFCNY is to unite foster, adoptive and kinship care families, giving them a voice and providing support, information and advocacy. By fostering communication and collaboration between families, agencies and concerned citizens, we seek to ensure the stability, well-being and permanency of all children. We strive to focus on systemic change through policy, legislative and awareness opportunities in order to reduce the numbers of children entering foster care and being adopted – with a particular focus on the BIPOC community. African American children enter foster care at 50% greater rates than their representative counterparts. The AFFCNY has an ongoing advocacy relationship with Power of Two, a home visiting organization that nurtures the inherent potential in every child and family through their proven, in-home ABC Parenting Program–equipping parents and caregivers with the tools to transform their own lives and strengthen their communities.
“There is absolutely no proof that anonymous calls protect children, and what little evidence there is shows that it can cause more harm and trauma to both children and their families who have already endured too much trauma to begin with. We must protect children and bring greater equity to their families in New York State by eradicating anonymous reporting.”
– Pat O’Brien, Executive Director.
“As an organization that partners with families, we see firsthand how the issues addressed in the report disproportionately burden BIPOC families who are already facing multiple stressors from racist policies and systems that have marginalized entire communities. This report addresses an important step in committing to mitigating the detrimental and traumatizing effects that anonymous reporting has wrought on our communities. The report represents an opportunity to acknowledge and halt the harm inflicted on BIPOC and particularly African American families for whom the trauma once inflicted, continues to manifest in both the parents, caregivers, infants and children. The consequences of an unfounded investigation based on unsubstantiated and often biased or vindictive reporting is dehumanizing, traumatic and often a manifestation of the criminalization of poverty and the racist tropes that BIPOC families are incapable of providing nurturing caregiving to their children. The long tail effects of these anonymous reports and the ensuing investigations and legal consequences that come from them subject families to having their lives and bodies continually surveilled, essentially being put on probation while denied their constitutionally provided right to due process.”
– Erasma Beras-Monticciolo, Co-Founder and Executive Director, Power of Two
*****
About the Adoptive and Foster Family Coalition of New York
“A source of support, information and advocacy since 1975.”
Incorporated in 1975, the Coalition unites foster, adoptive and kinship care families, giving them a voice and providing support, information and advocacy. By fostering communication and collaboration between families, agencies and concerned citizens, we seek to ensure the stability, well-being and permanency of all children. Our vision is that no foster, adoptive or kinship care family in New York State will feel alone or unsupported and that all such families will have the tools, support and community they need to nurture their children and be role models for others.
CONTACT: Pat O’Brien | Executive Director | 646-688-4321 | pat@affcny.org
About Power of Two
“Powered by Science. Shaped by Community.”
Power of Two’s mission is to nurture the inherent potential in every child and family—equipping them with the tools to transform their own lives and strengthen their communities. Our mission is in service to our vision of an equitable society with strong communities where children thrive and families are healthy, safe, and able to reach their full potential.
For more information see: https://www.powerof2.nyc/
CONTACT: Erasma Beras-Monticciolo | Co-Founder and Executive Director | erasmaM@powerof2.nyc
New York Times Article Jonah E. Bromwich and
Lawyers for a group of New York City parents argue that the Administration for Children’s Services uses “coercive tactics” that traumatize the families it is charged with protecting.
First-of-Its-Kind Civil Rights Lawsuit Shows How Administration for Children’s Services’ Widespread Practice of Searching Homes and Children’s Bodies Without Court Approval or Emergency Circumstances Traumatizes Families and Children.
Unconstitutional Practice Predominantly and Disproportionately Harms Black, Hispanic, and Low-Income New Yorkers.
The NYC Administration for Children’s Services (ACS) is expanding its work to help parents better understand their rights at the outset of a child protective investigation. The announcement comes following the completion of an initial pilot program in parts of Brooklyn and the Bronx, in which child protective specialists distributed over four hundred notifications to parents who were the subject of an allegation of child abuse or neglect. The notifications explain that, while ACS has a legal requirement to assess the safety of the child, parents are not required to let ACS into their homes and can seek the assistance of an attorney. If ACS is not allowed to check a child’s safety as required, the notification explains that ACS may seek permission from Family Court to complete the assessment. Commissioner Jess Dannhauser today announced that ACS will begin distributing written notifications to families in two more zones, with full implementation planned by July of 2024.