Background:
A federal class action lawsuit against the New York State Office of Children and Family Services (OCFS) for violating due process by forcing families to endure extreme delays while appealing their reports on the Statewide Central Register of Child Abuse and Maltreatment (SCR), leaving many unable to work in a wide range of jobs or care for relatives.

Well over 100,000 calls reporting suspected child abuse or maltreatment are made to the SCR hotline each year.  Following investigation, local Child Protective Services (CPS) agencies, including the Administration for Children’s Services (ACS) in New York City, determine in tens of thousands of cases annually that the report is “indicated,” meaning that CPS believes the allegations are supported by a fair preponderance of the evidence. Parents are sometimes found to have “indicated” reports based on allegations of maltreatment that are actually the result of poverty—such as limited food in the pantry or the condition of their housing.

Most parents who challenge their report in the registry are left to navigate and litigate the complex process on their own, as there is no right to counsel in these administrative proceedings—even though the government is represented by an attorney. Yet, even with this imbalance of power, the vast majority—roughly 70%—of parents who appealed had their reports amended to “unfounded” and/or sealed, clearing the way for employment and caregiver opportunities.

OCFS’s own data show that from 2020 through early 2024 thousands of parents whose names are listed on the SCR have been forced to wait over a year to obtain a decision that corrects the record in their case. 

The consequences of being listed on the SCR are severe and fall disproportionately on low-income and Black and Latino families.  A broad range of employers with jobs that involve contact with children are required to check the SCR before hiring an applicant.  As a result, parents seeking employment in fields such as nursing, teaching, day care, and health care are denied employment until OCFS gives them a chance to clear their names from the SCR. Individuals hoping to become caregivers to grandchildren or nieces or nephews are likewise barred from doing so while OCFS delays their hearings.  These harms do not fall evenly: low-income New Yorkers—particularly Black and Latino families, and especially low-income women of color—are both over-reported to the SCR and more likely to work in the affected professions or seek kinship caregiving roles, compounding the harm.