NYC Parents Rally Against Mandated Reporting Policies for Educators
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On Thursday, parents and advocates gathered virtually to demand the removal of mandatory reporting practices in child welfare in New York State. This policy allows New York City school staff to make thousands of unfounded allegations of child abuse or neglect each year, disproportionately affecting poor families of color.
The state legislators had planned a public hearing on Thursday to address potential biases in mandatory reporting and discuss reforming the system. However, the hearing was postponed two days before without a rescheduled date.
Joyce McMillan, the organizer of the rally and founder of the nonprofit JMacForFamilies, highlighted the harmful impact of mandatory reporting, calling it a weapon that prevents those in need from seeking help.
The number of individuals signed up to testify at the hearing was not disclosed by the New York State Assembly press office. The list of speakers was supposed to be posted online before the rescheduled hearing. Assemblyman Andrew Hevesi, D-Queens, and Assemblywoman Taylor Darling, D-Long Island, who called for the meeting, did not respond to comment requests.
The online rally coincided with an announcement from New York’s Office of Children and Family Services that the state would enhance anti-bias training for all mandated reporters. This training will require over 50 professional groups to complete a self-directed online course by April 1, 2025.
Although the implementation of anti-bias training was seen as a positive step by some, advocates believe that the system itself cannot be reformed and should be abolished. They argue that supporting families and mandatory reporting are contradictory.
Mandatory reporting laws exist in most states, including New York, requiring educators, child care providers, law enforcement officers, healthcare professionals, and social workers to report suspected child abuse or neglect. These laws were introduced following incidents of child abuse and neglect that were suspected but not reported.
However, these suspicions can be influenced by personal biases. An internal report from Bronx Defenders revealed that the Administration for Children’s Services in New York City specifically targets Black and Brown parents, applying a different level of scrutiny to them. School employees were identified as the main contributors to biased reports, often reporting based on superficial factors like the cleanliness of a child’s clothing or whether they bring food to school.
Racial disparities persist in the child welfare system, with over half of Black children experiencing an investigation before the age of 18 compared to 28% of white children and 37% of children overall. Families affected by these investigations report lasting mental health and legal consequences, even when the allegations are proven false. Many attendees at the rally shared their personal experiences of being subjected to such investigations during their own childhood or as parents.
"They claim that we have disregarded our responsibilities towards our children, but in truth, it is quite the opposite," stated Desseray Wright, a parent, during the rally. "The systems have failed in fulfilling their obligations towards our families, which is to ensure that our families remain united."
Isuree Katugampala, a pediatrician in the Bronx, introduced herself as a "mandated reporter who desires an end to mandated reporting."
"Every day, when I go to work, my hope is to assist families, not to tear them apart. However, I witness how poverty is mislabeled as neglect and abuse. Our training is inadequate. It is insufficient. Our training advises us to rely on our instincts when unsure about a family’s situation. What they do not tell us is that these instincts stem from racism," she explained. "I did not become a pediatrician to become an enforcer of the law."
For McMillan, this cause is deeply personal. She shared that when she was a young mother, social workers took away her three-month-old daughter after an anonymous report alleging her substance use. At the time, McMillan was financially stable, but she fell into depression, accumulated debt, and became homeless after failing the agency’s drug test, resulting in a separation from her baby with limited visitation rights for two and a half years.
"A drug test should not determine one’s parenting abilities," she emphasized. "[My daughter] was born into a four-bedroom house. When she was returned to me, we were living in a shelter."
Currently a young adult, Kaylah McMillan participated in the virtual rally and shared a poem she had written. Her message concluded with a plea for immediate action.
"Foster care did not protect me. / It tore me away from my mother’s embrace. / It worked tirelessly to break our bonds as a family. / Now, I stand here with a request / to eliminate mandated reporting. / That would truly be / a genuine child protection measure."
