Support for State Bill Giving NYC DOI Full Ability to Monitor NYC Child Services
S8205-A (Brisport) / A8248-A (Hevesi)
Allows the NYC Department of Investigations to access records from the Administration for Children’s Services without prior state approval
TITLE OF BILL
An act to amend the social services law, in relation to the access of certain information by the New York city department of investigation.
STATEMENT OF SUPPORT
Reinvent Albany supports this bill because it will enhance oversight of a critical agency responsible for the health, safety, and well-being of some of New York City’s most vulnerable children.
The Administration for Children’s Services (ACS) is responsible for carrying out sensitive work – such as removing children from abusive homes – which requires the highest levels of integrity and professionalism. It is entirely illogical to bar the City’s Department of Investigations (DOI), which is the Inspector General for ACS, from accessing certain records without express permission from the New York State Office of Children and Family Services (OCFS) in the name of confidentiality. The NYC DOI routinely conducts highly confidential investigations into city officials, including high-stakes cases involving felonies. As a result, DOI has extensive internal systems devoted to protecting sensitive information and the identities of vulnerable people.
Current state law is totally inconsistent and illogical. DOI is banned from accessing entire classes of records without the permission of the state OCFS, including all records related to an allegation determined to be unfounded. Yet, other law enforcement agencies, including District Attorneys’ offices and state and local police departments, can access these records without OCFS approval. Why?
We believe the existing law significantly undermines DOI’s ability to identify systemic and recurring problems with ACS’s investigations of suspected child endangerment.
Distressingly, the current law creates big obstacles to DOI investigating allegations of serious wrongdoing by ACS employees, including the sexual exploitation of the children they are supposed to protect. A May 2026 DOI report noted that ACS management, who were fully cooperating with DOI, were prevented by the state OCFS from sharing with DOI the case files of two ACS employees being investigated for sexual misconduct involving agency clients. Ultimately, the DOI determined that there were multiple children abused by one of the ACS employees. We find it unconscionable and absurd that the law allows a state agency to stymie an investigation into the sexual abuse of children in the name of confidentiality.
We strongly believe that providing DOI with reasonable access to ACS records when necessary will enhance DOI’s ability to find waste, inefficiency, and criminality while providing the high level of privacy necessary for sensitive child welfare matters.
We urge the Governor to sign this bill.
SUMMARY OF PROVISIONS
Section 1 adds a new paragraph to § 372(4) of the Social Services Law to add the NYC Department of Investigations (NYC DOI) to the list of entities that can access confidential records of children maintained by social services agencies.
Section 2 amends § 422(A)(4)(m) of the Social Services Law to remove the requirement that NYC DOI receive permission from the NYS Office of Children and Family Services before receiving access to certain records.
Section 3 amends § 422(5)(a) of the Social Services Law to allow NYC DOI to access certain records related to unfounded reports of abuse or mistreatment of children.
Section 4 amends § 427-a(5)(d) and (e) of the Social Services Law to allow NYC DOI to access records related to cases diverted to the non-investigative track, known as the CARES program.
Section 5 amends § 496(2)(m) of the Social Services Law to remove the requirement that NYC DOI receive permission from the Justice Center or other applicable state oversight agency before accessing certain records.
Section 6 states that this bill will take effect 30 days after becoming law.