Should New York end mandated and anonymous reporting of child abuse?
ALBANY, N.Y. (NEXSTAR) — The New York State Assembly Committee on Children and Families held a public hearing on the Statewide Central Register of Child Abuse and Maltreatment (SCR). It included testimony from people affected negatively by the state's anonymous reporting and mandated reporting requirements.
"Our current system of reporting child abuse and maltreatment encourages overreporting," said Democratic Assemblymember Andrew Hevesi, who represents District 28 in Queens, in a phone interview on October 16. He's chaired the Assembly Committee on Children and Families since 2021 and ran the six-hour SCR hearing on October 9. "Overreporting detracts resources away from kids that are being abused, and we're finding a very large number of unfounded cases."
Anyone can call the SCR anonymously to report child abuse, but SCR data showed that out of almost 300,000 calls in 2022, roughly 80% led to unfounded investigations of apparently non-abusive families. Sometimes, those investigations damage children with unannounced home visits, invasive interviews, and disruptions at school. Frequently, experts testified, domestic violence offenders manipulate the system to commit more abuse.
"Requiring that the SCR be transparent, consistent, and discerning in preventing unnecessary investigations is the very minimum of what New York families have been owed," testified Hannah Mercuris, Senior Policy Counsel at the Center for Family Representation in New York City.
Testimonies at the hearing included those from government officials, representatives from advocacy groups, and members of families hurt by being the targets of bad-faith reports. "The bravery of the parents who were coming on to tell their stories about how their families have been ripped apart by unnecessary investigations" was compelling, Hevesi said. "I was blown away by their honesty and greatly appreciative of them sharing their stories so we can learn and try to change the system in a way that avoids those consequences in the future."
You can watch the full testimony below from Amanda Pumarejo, a mom from Manhattan who said her family has been traumatized and violated by the anonymous reporting process. "If they want to hurt you or to cause problems in your life, they can call SCR and make these crazy allegations, and you will be investigated by [the Administration for Children's Services in New York City]," she said. "Every time I am treated like a suspect, I am asked ridiculous questions like who I have sex with, if I have killed anyone, if I use drugs, if I prostitute myself or my children."
Coming out of the hearing, Hevesi said the focus is on four bills proposed during the last Legislative Session. They aim to protect families by making child protective services (CPS) fairer and more transparent. They could reduce unnecessary CPS involvement, support privacy, and help rebuild trust in the system to improve outcomes for kids.
Reducing false and discriminatory CPS interventions, S902B/A2479A would change how New York handles reports of child abuse and neglect. Under a new confidential reporting system, no investigation would begin unless the person making the report gives their name and contact information. That information would be confidential unless a judge ordered its release, and the caller would also have protections in case self-identifying could be dangerous. Replacing anonymous reporting with confidential reporting, according to Hevesi, would waste fewer resources and minimize racial disparities.
Next, S901A/A1980A would create an analog to Miranda rights for parents and caregivers under investigation for abuse or neglect. CPS would need to read them their rights—like the right to know the accusations, refuse entry to investigators, or get a lawyer—both verbally and in writing on first contact. CPS workers would not be able to offer legal advice, make parents sign documents, or interview kids without consent.
To protect consent in healthcare, S320B/A109B would ban drug, cannabis, and alcohol testing for newborns, pregnant people, or those who just gave birth, unless they have consent or there’s a medical emergency. Because the threat of a drug test can discourage people from going to any doctor, patients would only be tested when medically necessary. The results of any drug testing would stay confidential and be used only for medical reasons. The law aims to improve maternal and infant health, ensure fairness, and prevent unwarranted CPS attention.
Finally, A2801 would create the Child and Family Well-Being Program to fund nonprofits in communities with high rates of child protection cases. They can prevent violence among at-risk families, relieving pressure by connecting them to better resources, and ultimately lowering the odds that CPS would need to intervene. A board would oversee the program and give out grants for five years, with annual reports to the state.
Hevesi already backed these bills going into the hearing, having sponsored two and cosponsored the other two. "The biggest one is the Miranda rights. If you get that bill done, that would be a huge benefit to the kids. That one and anonymous reporting are very important," Hevesi said, adding that the Child and Well-Being fund might make it into upcoming budget negotiations.
None of these bills made it through both houses of the legislature—mostly stalled in committee—but all came from Democratic legislators. However, the bill creating the confidential reporting model—S902B, sponsored by Democratic State Sen. Jabari Brisport—did make it through the Senate, and with mostly bipartisan support.
The single nay vote recorded in June 2024 came from a fellow Democrat. “While I appreciate the well-intended effort behind this legislation, I was not comfortable supporting the requirement to disclose one’s name and contact information when reporting potential child abuse or maltreatment to CPS," said State Sen. Monica Martinez in a statement on October 16. "As a strong advocate for protecting the identities of individuals who report such concerns, I believe all reports should remain anonymous to shield them from potential retaliation or other harmful consequences. Although the bill allows for disclosing this information in only certain cases, I firmly believe maintaining full anonymity is essential to encourage reporting and ensure no one is deterred by fear of negative retribution which may derive from disclosing their name and personal contact information.”
"There were about 10 different things that came out of the hearing," Hevesi said. "I don't know if any of them lead to viable legislation."
Still, as a result of the hearing, the Assemblymember said two ideas could become legislation in the future. One would be a pilot program that incorporates screening at the local level. They could filter out unfounded reports if they either have more information than SCR or recently confirmed that a child is safe and healthy.
And, "We're in a very different time than when the mandated reporting system came about in the '70s when they were incentivizing reporting," Hevesi said. The old program encouraged states to set up a system mandating doctors to report suspected child abuse, he explained, but too many professions now fall under the expanded scope of mandated reporters.
"We have the opposite problem [of not enough reporters] now, so we're going to look to scale back on that system in smart ways that still have people keeping an eye out," he said. The Assembly might consider eliminating criminal and civil penalties for mandated reporters who, for whatever reason, don't report. While the state rarely brings those charges, they nonetheless deter people from acting in a child's best interests, Hevesi said.
Indeed, "We are working to develop policy solutions to end the harm caused by mandated reporting and the investigations it triggers across New York State," testified Meredith Giovanelli, policy analyst at Children’s Rights in New York City. "Our conversations with mandated reporters reveal that they often report 'just in case,' fearing professional or legal repercussions if they don’t."
The New York State Office of Children and Family Services runs SCR.