More than three in four investigations of child abuse or neglect in Monroe County come up with no credible evidence to support the claim, according to a recent report. That strains the system, advocates say, and traumatizes predominately lower-income families of color.
“They are flagging poverty itself as a problem and using it as a basis to surveil Black, brown, and marginalized communities,” said Ashley Cross, executive director of Hope 585, a nonprofit advocacy group for marginalized youth and families. “The vast majority of reports allege neglect, not harm. Yet only 22% of those neglect claims are ever substantiated.”
When a teacher, healthcare professional, or social worker believes that a child is being abused or neglected, they are legally obligated to report the matter to Child Protective Services (CPS), potentially facing legal penalties if they don’t.
But the report from Hope 585 and The Children’s Agenda, another nonprofit child advocacy organization, suggests that mandated reporting does more harm than good. The report cites data from the Office of Child and Family Services that states that shows the vast majority of child protective cases in Monroe County are found to be unsubstantiated.
Investigations of unsubstantiated claims cost taxpayers $11.5 million annually, or $2,243 per investigation, according to the report. And the report argues that those investigations are likely to increase trauma to children and to their families as they play out.
The report cites state data for 2024. It found that of 6,768 CPS investigations initiated in that year, 5,140, or 76%, were unfounded. Almost all of the cases initiated, or just under 97%, included claims of neglect. But once investigations were completed, just under 22% of those claims were substantiated. Meanwhile, physical abuse was found in 3.6% of reports, medical neglect in 1.5%, sexual abuse in 1%, and psychological abuse in .2%.
The report also argues that unsubstantiated reporting places a burden on the CPS system. According to data from the state, Monroe County saw 44.8 CPS cases for every thousand children in 2024. That outpaces the state level of 36.3 and Erie County’s 41.9, but is well below Onondaga County’s rate of 54.4.
Assemblymember Sarah Clark, D-Rochester, argued that the current system penalizes poverty and instability without addressing the core needs of families.
“I think of parents who struggle with mental health, who struggle with maybe a substance abuse problem, who are afraid to admit they can't afford their housing and don't have stable housing,” Clark said. “What are they doing when they have nowhere to come forward and nowhere to go to turn to for help, without feeling like their children are going to be taken away or they're going to open up an investigation?”
The report recommends the adoption of several state bills to address the issue. One, the Supporting Families Together Act, would have effectively abolished mandated reporting by removing all civil or criminal penalties from mandated reporters.That bill was introduced by Queens Assemblyman Andrew Hevesi and was killed in October. The report is seeking to resurrect it.
If that bill were to be revived, there still can be professional obligations to report, Cross said. The goal behind removing the risk of consequence for not reporting is that it leads to fewer faulty reports.
“A lot of (reporting) was fear-based,” Cross said. “It was being afraid of whatever penalties are hanging over their head. So, we do seek to begin to remove some of those penalties, because we really do believe that mandated reporters are people who are part of helping, caring professions. They're going to do what's right for children and families. If a child is really in danger, they can still report.”
Another bill on the table is the Maternal Health, Dignity, and Consent Act. That bill would require written and verbal consent from mothers before being drug tested, both while pregnant and on newborns. Clark is co-sponsoring the legislation in the Assembly and Sen. Samra Brouk, D-Rochester, in the Senate. Another proposal, the Child and Family Well-Being Fund, would invest in nonprofits and services in impoverished communities.
The goal there is to address the root causes of housing instability and lack of resources that lead to unsubstantiated reports of neglect.
“Families are struggling to pay bills, access childcare, or manage inconsistent housing, and are being reported for neglect instead of being offered help,” Cross said. “Their needs are being punished rather than supported and resourced, and it's costing all of us.
“Our county is wasting taxpayer dollars investigating families struggling with poverty,” she continued, "instead of investing directly into the root cause of poverty.”
