What The Hell America!

The New York State Legislature this week passed a bill banning anonymous complaints to the state child abuse hotline. If Gov. Kathy Hochul signs the legislation, New Yorkers will now have to provide their name and contact information if they want to make an allegation that someone might be neglecting a child.

This dramatic change in the law comes a year and a half after a ProPublica investigation showed how the hotline had been weaponized by jealous exes, spiteful landlords and others who endlessly called in baseless allegations. Even if a caller didn’t leave their name or any details, and even if the same allegation had repeatedly been investigated and found to be unsubstantiated, it automatically triggered an invasive search of the accused’s home and often a strip search of the children.

We detailed the case of one Brooklyn mother whose apartment was searched dozens of times — by police officers and child protective services caseworkers who never had a warrant and often showed up at her door after midnight — all because an angry former acquaintance kept anonymously calling the hotline about her. She was never found to have mistreated her children in any way.

According to federal statistics, 96% of anonymous calls to child abuse hotlines are deemed baseless after an investigation. Among all allegations of child abuse or neglect, including non-anonymous calls, 83% are ultimately deemed unfounded.

In New York, more than 4,000 children every year had experienced child protective services investigations as a result of anonymous calls — until now.

The legislation passing is “a win-win for everybody,” said Democratic state Sen. Jabari Brisport, the bill’s sponsor. Not only will it protect victims of domestic violence who may have an abusive current or former partner who has used the anonymous reporting system to harass them or to influence a custody dispute, it will also help caseworkers themselves, Brisport said. “They are stretched so thin already,” he said. “By reducing the number of these false complaints, we can let them do their jobs better.”

“But the fact that false reports make such an effective method of harassment is a symptom of deeper issues in how CPS operates,” Brisport added, referring to how the home searches and investigations that result from these calls often turn families’ lives upside-down. Black parents especially are affected, he said, and they can feel helplessly unable to comfort their children through a terrifying and opaque process that can lead to their separation from their mom and dad.

A committee of the U.S. Commission on Civil Rights last year published a report that cited ProPublica’s journalism on these issues and called on New York to abolish anonymous reporting. ProPublica’s articles were also circulated among lawmakers and legislative staff in Albany both last year and this spring.

California and Texas, too, have passed legislation to curtail anonymous reporting. Several other states are considering similar bills.

New York’s new law will maintain the confidentiality of callers to the child abuse hotline, just not their anonymity. That means that if someone thinks that a family member, neighbor or colleague is harming a child, and they call it in, they can still be assured that the state will not reveal their identity to the alleged abuser or publicly in any way. The caller will just have to provide their name and contact information so that caseworkers can follow up, in part to make sure that they don’t have an ulterior motive for making a malicious accusation and so that caseworkers can gather more details from the caller to conduct a more informed investigation.

If they refuse to identify themselves, hotline staff will decline to pass along the tip to child protective services. But an amendment was added to the bill stating that if a caller doesn’t want to leave their name, they can still speak to a supervisor, who will then explain to them that if they provide their name it will remain confidential; that intentionally making a false report is illegal; and that issues involving children in need can also be addressed through housing, food and other services. Contact information for such services will be provided.

The new law will not affect mandated reporters of child abuse, such as teachers and police officers, who already were not anonymous.

Chris Gottlieb, director of the NYU School of Law Family Defense Clinic, helped to shepherd the legislation to its passage. She said that when she used to bring up this issue in Albany — and talk about how child protective services agents searching families’ homes without a warrant can be deeply traumatizing for both parents and children — she was often met with blank stares. But then ProPublica’s reporting “helped to change the conversation,” she said, and more importantly, parents themselves, many of them Black and Latino and led by the community organizer Joyce McMillan, started holding regular rallies on the steps of the Legislature and testifying at hearings.

In fact, parents have filed a first-of-its-kind class-action lawsuit challenging warrantless child protective services searches of their homes as unconstitutional. New York City is contesting the suit, but the city’s Administration for Children’s Services has said that it is committed to addressing child safety concerns while also respecting families’ rights.

In past statements to ProPublica, ACS has said that it is required by state law to investigate fully and to seek to conduct a home assessment whenever it receives a report of child maltreatment from the state, no matter the original source of that report. But a spokesperson said that the agency supports anonymous reporting reform with the perspective that protections for children who are in danger should also be preserved.

One of the plaintiffs in the class-action suit, Shavona Warmington, praised New York state lawmakers for abolishing anonymous reporting once and for all.

The Queens mother of six alleges that someone called in complaints about her every several months for a decade, knowing that the mere fact of a call would cause caseworkers to pound on her door; threaten that they would call the police if she didn’t let them in; search her refrigerator, cabinets, closets and bed while her kids watched; and then strip search and interrogate them. She said that the content of the reports to the hotline always sounded familiar, clearly from the same person, but that this never mattered.

In the suit, she contended that the person who made the complaints was likely the man who abused her. He could call every day and they would still send somebody out.

Her children have been traumatized by the sound of a knock on the door, she said.

“I have no contact with him otherwise, just through ACS,” Warmington said, referring to her abuser.