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A09283 Summary:

BILL NOA09283
 
SAME ASSAME AS S08602
 
SPONSORHevesi
 
COSPNSRLevenberg
 
MLTSPNSR
 
Rpld §420, §491 sub 3, Soc Serv L
 
Establishes the "Supporting Families Together act"; removes civil and criminal penalties for mandated reporters; repeals certain provisions relating thereto.
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A09283 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9283REVISED 12/4/25
 
SPONSOR: Hevesi
  TITLE OF BILL: An act establishing the "Supporting Families Together act"; in relation to civil and criminal penalties for mandated reporters; and to repeal certain provisions of such law relating thereto   PURPOSE: The purpose of this bill is to promote helping professionals' ability to collaborate with families to address their needs. This bill removes certain penalties for mandated reporters.   SUMMARY OF PROVISIONS: Section 1: Repeals Section 420 of the social services law Section 2: Repeals subdivision of section 491 of the social services law Section 3: Establishes the effective date   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 traumatic, especially for children, who are often strip searched and interrogated, 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 experience through family court to reunify a child with their parents and siblings. The ripple effects of these investigations instils fear among families and communities, who learn that a report 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 traumatized 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 harmful overreporting and unnecessary investigations, restore trust in helping professionals, and ensure that families in need can ask for help without fear of punishment.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL: None   EFFECTIVE DATE: This act shall take effect immediately.
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