NY’s Central Register of Child Abuse and Maltreatment
An allegation of child abuse or maltreatment can lead not only to criminal charges. Such can lead to a parallel investigation by a child protective agency. If they determine abuse or maltreatment occurred, your name could end up on the state’s Central Register of Child Abuse and Maltreatment. And this could affect your future job prospects or custody arrangements.
How the Central Register Works
Allegations of child abuse or maltreatment are investigated by local agencies, such as CPS (Child Protective Services), DSS (Department of Social Services), or ACS (Administration for Children’s Services). Reports are made by either mandated reporters (such as law enforcement, health care workers, or teachers), or other concerned citizens. After an investigation, a report of abuse or maltreatment is deemed unfounded, substantiated, or indicated.
To be indicated or substantiated, the agency has determined that based on the evidence, the child was either abused or maltreated as defined by law. Upon such an indicated report, this is logged in the state’s Central Register.
The indicated or substantiated reports will stay with the Central Register until the youngest child named in the report is 28 years old. Then, the report will then be expunged. An indicated report can affect a person’s ability to get a job in childcare, education, or other work with children. The report will also be available to law enforcement and judges in custody cases.
For unfounded reports, the report is kept with the Central Register but is sealed; it will be expunged after 10 years. These reports are only available to law enforcement or child protective agencies and is not available to employers or licensing agencies.
Recent Case Involving the Central Register
In one recent case, Matter of Elizabeth W. v. Broom County Dept. of Social Services, a mother challenged the “indicated” finding and her placement on the Central Register. In May of 2019, a report to DSS alleged she had drove a car with her children in the vehicle while she was intoxicated. Moreover, it was alleged she had consumed alcohol to the point of intoxication while the children were in her care.
The Third Department affirmed the indicated finding, despite the reliance on double-hearsay evidence. The local DSS determined the mother engaged in inadequate guardianship and alcohol misuse. Specifically, there was evidence that she had driven drunk on more than one occasion after she relapsed into alcohol mis-use. Additionally, her oldest child reported she had seen her mother throwing up from intoxication. And the mother’s father told investigators the alcohol problem was an ongoing concern.
In conclusion, the appellate court determined “substantial evidence” was in the record, demonstrating that the mother “placed the physical, mental and emotional conditions of the children in imminent danger by driving them while under the influence of alcohol and by misusing alcohol to the extent of losing control while they were in her care.”
How to Challenge Reports of Abuse
You should contact an attorney to represent you in any investigation regarding child abuse or maltreatment. They can advise you about the investigation and administrative review process of such reports. Or they can help you with a hearing before an administrative law judge. There is also a possibility of appealing the case to the supreme court.
References:
- NYS Office of Children and Family Services, “Child Protective Services.” Available at: https://ocfs.ny.gov/programs/cps/ (last accessed Dec. 8, 2021).
- 18 NYCRR 432.1, “Child Abuse and Maltreatment – Definitions.” Available at: https://tinyurl.com/yxzy8n78 (last accessed Dec. 8, 2021).
- Matter of Elizabeth W. v. Broom County Dept. of Social Services, 2021 N.Y. Slip Op. 06732 (3d Dept. 2021). Available at: https://nycourts.gov/reporter/3dseries/2021/2021_06732.htm (last accessed Dec. 8, 2021).
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