“The family regulation system is one of the primary ways the state surveils and punishes Black women—branding them as ‘unfit,’ restricting their work, and destabilizing their families. Child abuse registries function like a shadow criminal record, locking mothers of color out of jobs and opportunities long before any fair process occurs. That is not child protection. It is systemic injustice.”
Fair Hearing Delays
Cases
-
A federal class action lawsuit against the New York State Office of Children and Family Services (OCFS) for violating the due process guarantees of the U.S. Constitution by forcing parents to wait many months or sometimes years to appeal their indicated reports on the Statewide Central Register of Child Abuse and Maltreatment (SCR), leaving many unable to work with children or care for relatives. Learn more.
In New York State, about 200,000 calls reporting suspected child abuse or neglect are made to the State Central Register (SCR) hotline each year. Following investigation, local Child Protective Services (CPS) agencies, including the Administration for Children’s Services (ACS) in New York City, make a determination whether the case is “indicated,” meaning that CPS believes the allegations are supported by a fair preponderance of the evidence.
An individual who has an indicated report in the SCR faces numerous consequences: parents listed in the SCR are precluded from pursuing employment in occupations involving children, adopting children, and becoming a licensed foster parent—even to their grandchildren, nieces, nephews, and cousins.
Parents have the right to challenge their indicated reports through the Office of Children and Family Services (OCFS). Yet, OCFS frequently delays the administrative process by many months or sometimes years. These widespread unconstitutional delays are particularly egregious because the vast majority of parents who challenge their inclusion on the SCR ultimately prevail, and their indicated report is amended or sealed.