The New York City agency that conducts child welfare investigations says it will soon start informing all parents under investigation about their legal rights, including calling a lawyer and denying case workers permission to enter their homes. Parents will be advised at the onset of an inquiry, according to the Administration for Children’s Services.
In October, as part of a 400-person pilot program, some Bronx and Brooklyn parents facing ACS inquiries into child abuse and neglect claims began receiving letters informing them of certain rights. The policy was recently expanded to parts of Queens and the agency says it is set to apply citywide by July.
“We are taking an important step towards the mayor’s vision of safety, equity and justice,” ACS Commissioner Jess Dannhauser said in a statement.
The move follows longstanding criticism from advocates who say ACS caseworkers’ lack of disclosure has deprived parents of important legal rights and protections.
But public defenders and other advocates for parents say the new disclosures are deficient and potentially misleading, and that they fall short of the protections outlined in a comprehensive “Miranda Rights for Families” bill that was introduced in the last three state legislative sessions but not enacted.
“You can’t provide someone a half of a right and think it’s going to make a difference in how they choose to protect themselves,” said parent advocate Joyce McMillan, founder and executive director of child welfare advocacy group JMAC for Families.
A disproportionate toll
Senate Bill S901, introduced in 2023, would require ACS caseworkers to verbally inform parents of allegations made against them and their right to refuse a drug or alcohol test or mental health evaluation in the absence of a court order. The measure would also require caseworkers to explain to parents that anything they say can be used against them in family court, mirroring Miranda Rights in criminal cases.
Those features were omitted…
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