by Cayla Bamberger, published December 21, 2022

Dozens of parents and NYC council members rallied Wednesday for long-sought reform bills that require city workers to verbally inform families of their legal rights at the start of a child welfare investigation.

Under existing law, parents have the right to know the allegations against them of abuse or neglect, speak with an attorney, and refuse to let the Administration for Children’s Services enter their homes absent a court order or emergency.

But those with experience in these investigations say they are rarely told as much and are demanding ACS workers provide a “Miranda warning” about parents’ rights, similar to police in criminal cases. A similar push failed last year after child welfare officials persuaded then-Speaker Corey Johnson it could obstruct probes.

“This is not an easy bill to pass,” said Councilwoman Carlina Rivera (D-Manhattan), the bill’s main sponsor, at a City Hall rally. “We have already encountered challenges and obstacles and pushback from the administration.

The fallout disproportionately affects families of color. Of the tens of thousands of children’s homes that are investigated every year, 87% are Black and Brown. Most allegations are found unsubstantiated, but subject families to a difficult period or lifetime under city surveillance.

“We have Black and Brown families that continue to be predominantly the ones impacted by racist systemic policy,” said Majority Whip Selvena Brooks Powers (D-Queens). “In the first women-led majority Council, one of the most diverse bodies in the history of the City of New York, we are moving legislation that are going to make impactful and transformative changes.”

A companion bill introduced by Councilwoman Sandra Ung (D-Queens) would require family’s rights be translated into designated citywide languages.

“Today we stand here united to make sure that the rights that people already have, which is better known as their Fourth Amendment rights, do not continue to be trampled on by this agency,” said advocate Joyce McMillan, whose children were previously separated from her by the city.

“It is unacceptable that our Black families are being torn apart for generations,” said Tanesha Grant, who was separated from her family as a child and has been probed by ACS as a parent. “[Parents] need to know their rights to protect their homes and mostly to protect their children, and stop producing traumatized children like me, that spend every day looking for a family that was torn away from me.”

According to ACS, it is policy to provide written materials about a family’s rights at the door. A pilot program in upper Manhattan and University Heights in the Bronx also includes information about legal representation during a first visit.

“ACS is committed to keeping children safe, and, at the same time, addressing the systemic racial disparities that exist in child welfare,” said ACS Commissioner Jess Dannhauser. “New York City children and families deserve both.”

Read here: https://www.nydailynews.com/news/politics/new-york-elections-government/ny-nyc-council-family-miranda-rights-child-welfare-acs-20221221-bdvaptiorfdydjrwwgqicenity-story.html