NYS lawmakers pass bill to end anonymous calls to child abuse hotline
ALBANY — A measure passed by the State Legislature would end anonymous reports of child abuse to a state hotline with the goal of ending thousands of meritless claims made each year, often during nasty custody fights, according to supporters.
But opponents say the measure, which received final legislative approval Monday, would keep some child abuse undetected by child protective services investigators until an injury or death occurs.
The measure now goes to Gov. Kathy Hochul for her signature or veto,
Reports made under the bill would have to include the name and contact information of the caller. That information would be confidential and the Office of Children and Family Services would be prohibited from releasing it unless ordered to do so by a judge. A protective order can also be issued by a court to withhold the identity of the caller if it would likely endanger their life or health, the legislation states.
WHAT NEWSDAY FOUND
- A measure passed by the State Legislature would end anonymous reports of child abuse to a state hotline with the goal of ending thousands of meritless claims made each year, often during nasty custody fights, according to supporters.
- But opponents say the measure, which received final legislative approval Monday, would keep some child abuse undetected by child protective services investigators until an injury or death occurs.
- Reports made under the measure would have to include the name and contact information of the caller. That information would be confidential and the department would be prohibited from releasing it unless ordered to do so by a judge.
The measure was approved Monday by the Assembly and June 9 by the State Senate. Both chambers are controlled by Democrats.
Assemb. Andrew Hevesi (D-Forest Hills) said 10,000 families in New York are subjected to meritless reports each year and just 30% of calls to the hotline ultimately show "substantially enough evidence to be investigated and pursued."
He said statistics also show Black and Brown families are disproportionately subjected to false reports. He said anonymity is also used by domestic abusers to use the hotline to harass spouses or partners with impunity even when a court bars them from the home.
In addition, Hevesi cited an analysis by a New York University researcher that concluded there was "no more risk to children’s safety" after Texas ended anonymous reporting in 2023.
"I appreciate that you have statistics, but our kids aren’t statistics," said Assemb. Mary Beth Walsh (R-Ballston), who is a lawyer in family court. "That is dangerous. I don’t care if it’s 1%."
However, she acknowledged there is abuse of the anonymous system.
"You get two parents who are warring with each other and you get one parent that’s ratting out and calling in fake hotline reports to try to harass and annoy the other party," she said.
But she said that’s not a good enough reason to end anonymity of reports by grandparents and other relatives, neighbors or others who suspect a child is being abused.
"There might be a chilling effect on people who have real concerns about a child or a family situation and if they have to give their name and contact information in order to have the complaint actually investigated, they might not make that call," Walsh said.
Currently, the report needs only to meet a broad definition of abuse or neglect and no reason for anonymity need be provided. That call prompts an interview of the child by state investigators, which usually involves taking a child’s clothes off to inspect for signs of abuse and an "extensive investigation of the family’s home," according to the legislation.
Children can then be removed from the home by child social service workers even for what turn out to be "meritless allegations," but the incident is stressful for children and the family, and "can forever change a family," according to the measure.
Several states have adopted similar measures, and an Albany Law School professor said anonymity isn’t needed and violates the U.S. Constitution’s Fourth Amendment, which prohibits unreasonable searches.
"There's no reason to allow people to anonymously call and immediately trigger investigations into the family home," said Assistant Professor of Law Dale Margolin Cecka. Cecka’s research concluded that anonymous calls are ineffective and damaging to families.
"It can trigger unwanted intervention by CPS, and can begin a very antagonistic relationship when the point of child welfare originally was to help families," she said in a statement.
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.
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