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This week, the New York State Legislature passed a bill banning anonymous complaints against the state’s child abuse hotline. If Gov. Kathy Hochul signs the law, New Yorkers will need to provide their name and contact information if they want to make the allegation that someone may be ignoring the child.
This dramatic change in the law comes a year and a half after showing how Propopavica’s investigation was weaponized by jealous exes, malicious landlords, and others called infinitely in unfounded allegations. Even if the caller did not leave his name or details, the same allegations were repeatedly investigated and found to be unfounded, automatically triggering invasive searches of the defendant’s home and often strip searches of children.
We detailed the case of a Brooklyn mother whose apartment was searched dozens of times. Police officers and child protection services caseworkers did not have a warrant and appeared at the door after midnight. She never abused her children.
Child welfare officials searched her home and her son dozens of times. She sues to stop them.
Federal statistics show that 96% of anonymous calls to child abuse hotlines are considered unfounded after the investigation. Of all allegations of child abuse or neglect, including non-anonymous calls, 83% are ultimately deemed unfounded.
In New York, more than 4,000 children each year went through child protection services investigations as a result of anonymous calls.
Passing the bill “is advantageous to everyone and for both parties,” said Sen. Jabari Blisport, the bill’s sponsor. Not only does it protect victims of domestic violence who may have abusive current or former partners who use anonymous reporting systems to harass them or influence custody disputes, but it also helps caseworkers themselves. “They’re already very thin,” he said. “By reducing the number of these false complaints, we can make them do their job better.”
“However, the fact that false reporting creates such effective methods of harassment is a symptom of a deeper question of how CPS behaves,” Blisport adds, referring to the way home searches and investigations that result from these calls often turn family life upside down. Black parents are particularly influenced and they can feel that they cannot comfort their children through a horrific, opaque process that leads to separation from their mothers and fathers.
Last year, a committee of the US Civil Rights Commission issued a report citing Propovica’s journalism on these issues and calling on New York to abolish anonymous reports. Propublica articles were also distributed among Albany lawmakers and legislative staff both last year and this spring.
California and Texas also passed laws to reduce anonymous reporting. Several other states are considering similar legislation.
New New York law maintains caller confidentiality against child abuse hotlines rather than anonymity. This means that if a family member, neighbor or colleague thinks he is hurting the child and they call it, they can still ensure that the state doesn’t publicly disclose his identity to the abuser or in some way. Callers should simply provide their name and contact information so that caseworkers can follow up, and make sure they have no impure motivation to make malicious accusations, and allow caseworkers to gather details from callers to conduct a more informed investigation.
If they refuse to identify themselves, hotline staff will refuse to hand over the tip to child protection services. However, an amendment has been added to the bill stating that if the caller does not want to leave his name behind, they can still speak to the supervisor. It is illegal to intentionally create false reports. The issues involved in children in need can also be addressed through housing, food and other services. You will be provided with contact information for such services.
The new law will not affect reporters who are mandated to child abuse, such as teachers and police officers who were no longer anonymous.
Chris Gottlieb, director of the NYU Law School Household Clinic, helped to adhere to the laws against its passing. She said she was raising the issue in Albany and how a child protection service agent searching for family homes without a warrant can be deeply hurt for both parents and children. But later, Propublica’s report “helped change the conversation,” she said, and more importantly, parents themselves, many of them black and Latino, and led by community organizer Joyce McMillan, held regular meetings at Congressional Steps and began testifying at hearings.
In fact, parents filed a class action lawsuit against the first person to challenge the search for child protection services that are unconstitutional and unguaranteed to the home. New York City is challenging the lawsuit, but the city’s administration for child service says it is committed to addressing child safety concerns while respecting family rights.
In a past statement from Propublica, the ACS states that it is mandatory to conduct a full investigation under state law and conduct a family assessment every time a child abuse report is received from the state, regardless of the source of the report. However, a spokesperson said the agency supports anonymous reporting reforms in the view that protections for at-risk children should also be preserved.
Shavona Warmington, one of the plaintiffs in the Class Action Suit, praised New York State Senators for abolishing anonymous reports entirely.
Queens’ mother of six claims that someone raised complaints about her every few months over the decade. If she doesn’t let them in, they threaten to call the police. Look for her fridge, cabinet, closet and bed while her kids watch. Then strip and interrogate the search. She said that the contents of the report to the hotline always sounded obviously familiar to the same person, but this was by no means important.
In the lawsuit, she alleged that the person who filed the complaint was probably the one who abused her. He could make calls every day, but they still send someone out.
Her children are being hurt by the sound of knocking on the door, she said.
“If not, we won’t be able to contact him alone on ACS,” Warmington said, referring to the abuser.
