NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9283A
SPONSOR: Hevesi TITLE OF BILL:
An act to establish the "Supporting Families Together act"; and to
repeal section 420 of the social services law relating to certain civil
and criminal penalties for mandated reporters
PURPOSE:
The purpose of this bill is to eliminate the threat of penalties for
mandated reporters who do not make a report of suspected child abuse or
neglect.
SUMMARY OF PROVISIONS:
Section 1: Provides that this act shall be known and may be cited as the
"Supporting Families Together act".
Section 2: Repeals Section 420 of the social services law.
Section 3: Establishes the effective date.
AMENDED VERSION:
The "A" print eliminates the repeal of penalties for employees of the
Justice Center for the Protection of People With Special Needs who fail
to report, as that is outside the scope of this bill.
JUSTIFICATION:
The Supporting Families Together Act acknowledges a statewide consensus
that current mandated reporting practices result in the overreporting of
families to the State Central Register of Child Abuse and Maltreatment
(SCR) for poverty-related needs; and that mandated reporters must be
given the opportunity to support families instead of reporting them.
In 2023, and 2025, the New York State Office of Children and Family
Services (OCFS)updated their mandated reporter training with an aim to
reduce the high rates of unnecessary reports of suspected maltreatment
and reduce the impact of implicit bias on the decision-making of profes-
sionals. Across New York State, professionals who work with children,
such as teachers, doctors, social workers, and more, are legally
required to report suspicions of child abuse or neglect to the SCR.
However, this system of mandatory reporting fails to protect children,
causes significant harm to families, and limits professionals' ability
to support families. In the 50 years since mandated reporting was codi-
fied into law and child maltreatment reports increased exponentially,
children have not been safer. This is no anomaly; it is two sides of the
same coin: our failed child welfare policies that prioritize reporting
and investigations rather than supporting families in accordance with
their stated needs.
Many professionals report feeling obligated to call a report in on fami-
lies, not because they believe it is the best way to help, but out of
(1) fear of legal consequences if they do not; (2) fear of professional
implications if they do not, including loss of employment; (3) pressure
from their institutions to comply with tight timelines to take action.
This fear overrides their professional judgment. In practice, it erodes
trust with families and limits their ability to respond with nuance,
care, and the individualized approach that all families need. Mandatory
reporting is the entry point to a harmful chain of events. Families face
intrusive investigations by child protective services (CPS) without
receiving any meaningful support. These investigations are deeply trau-
matic, especially for children, who are often strip searched and inter-
rogated, leading to long-lasting physical and psychological stress,
fear, and shame. In some cases, children are removed from their families
and put into the foster system, which can spiral into a multi-year expe-
rience through family court to reunify a child with their parents and
siblings. The ripple effects of these investigations instills fear among
families and communities, who learn that a re port only leads to trauma,
not support.
Mandated reporting discourages families from seeking help. Children want
to remain with their parents and siblings, even when they are experienc-
ing adversity; and parents are terrified of losing their children.
Studies consistently show that the threat of investigation, and subse-
quent family separation, causes families (including those experiencing
hardships like poverty, domestic violence, substance abuse, and other
challenges) to disengage from or completely avoid accessing support. The
families that do engage with helping professionals often conceal what
they really need support with, out of fear of an investigation and the
real possibility of family separation.
Among mandated reporters, fear of legal consequences, not concern for
child safety, drives many professionals to report. Mandated reporters
face potential criminal and civil penalties for not reporting, even
though these penalties are almost never enforced in practice. But the
fear is pervasive. In an ongoing study led by Dr. Kathryn Krase, a lead-
ing expert in the field, half of mandated reporters state they make
reports to avoid legal risk. Many wish they had other options, such as
time and flexibility, to support families instead of reporting them to
CPS.
The practice of mandated reporting harms everyone involved. Parents
/caregivers feel surveilled, shamed, and alienated. Children feel afraid
of talking to professionals and losing their family. Families are trau-
matized by invasive investigations. Helping professionals lose trust
with the families they serve and face burnout. Ultimately, mandated
reporting weakens our ability to protect children. It's why in over 50
years of mandated reporting, there is no evidence that the practice
keeps children safer.
The Supporting Families Together Act changes how families and helping
professionals work together. The legislation, which removes civil and
criminal penalties for mandated reporters, won't stop serious concerns
from being reported. Instead, it frees up professionals to use their
expertise, support families proactively and thoughtfully, and reserves
CPS intervention for situations where a child's safety is truly in immi-
nent danger. Notably, New York City's Administration for Children's
Services Commissioner, Jess Dannhauser, has publicly advocated for this
policy change.
If passed, New York would become the second state that does not impose
penalties on mandated reporters, and this legislation would not impact
New York's compliance with federal Child Abuse Prevention and Treatment
Act requirements. The Supporting Families Together Act will reduce harm-
ful overreporting and unnecessary investigations, restore trust in help-
ing professionals, and ensure that families in need can ask for help
without fear of punishment.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPACT:
None
EFFECTIVE DATE:
This act shall take effect immediately
