A bill passed in Albany could force New York City’s troubled child-welfare agency to turn over key records to state investigators, a change supporters say is necessary to properly examine child deaths and other serious cases.
The measure now awaits Gov. Kathy Hochul, who has until the end of the year to either sign it or veto it. If approved, the legislation would remove what officials describe as major barriers that have kept the state Department of Investigation from reviewing records held by the Administration for Children’s Services.
DOI Commissioner Nadia Shihata said the current law has sharply limited the agency’s ability to do its job. “The state law has really prevented us from fully being able to provide the oversight that DOI provides to every other city agency,” Shihata told The Post in an interview.
The push for the bill follows a sharply critical report released last month by the watchdog agency. According to DOI, state law and lengthy delays involving the state Office of Children’s and Family Services blocked investigators from examining 17 of the 18 child fatalities reported last year in cases where ACS had previous contact with the family.
Under current rules, ACS can withhold records tied to cases it previously classified as “unfounded,” limiting what investigators are able to review. The new bill would eliminate that restriction and expand DOI’s access to those files.
The legislation would also affect investigations into possible sexual misconduct involving ACS caseworkers. As it stands now, DOI must first get approval from OCFS before it can obtain those records — another hurdle the bill is intended to address.
“As of now, we often don’t get that information,” Shihata said.
Under the law, DOI would retain the same investigatory powers it has over other city agencies similar to that of district attorney offices.
One of the bill’s sponsors, state Assemblyman Andrew Hevesi (D-Queens), said he hasn’t heard anyone make a case as to why DOI should be prevented from reviewing how ACS workers handle a case or potential case, especially involving heartbreaking tragedies such as the death of a child.
“It’s actively preventing safety measures from being actively implemented,” Hevesi said of the current law. “I don’t think anybody can really argue this with a straight face.
“I don’t expect the governor to, either,” he added.
Shihata added, “We’ve not received any type of pushback publicly related to the passage of the bill, and so we’re really hopeful that the governor will sign it.”
The measure passed unanimously in the Assembly. State Sen. Mark Walczyk (R-Jefferson) was the lone vote against it in the upper chamber.
Hochul’s office declined to indicate her position on the legislation.
“Protecting the health and safety of all New Yorkers, but especially vulnerable children, is the Governor’s top priority and she will review the legislation,” Hochul rep Nicolette Simmonds wrote in a statement to The Post.
Hevesi said ex-Mayor Eric Adams’ DOI initiated the push for the change and that Mayor Zohran Mamdani’s administration has also been taking the issue “very seriously.
“The last [DOI] commissioner was aggressive, but this commissioner came out with a bang and said, ‘No, no, no, this isn’t cap. We need it right away,’ ” he said.
ACS representative Marisa Kaufman wrote in a statement to The Post, “ACS appreciates the important oversight role of the Department of Investigation, and we remain committed to holding individuals accountable in any instance of potential employee misconduct.
“ACS also remains committed to transparency and accountability in our operations, while safeguarding the confidentiality of the children, youth and families who we serve.”
The state Office of Children and Family Services did not return a Post request for comment Friday.
