Pols OK Bill to Open ACS Records for Investigation into Child Welfare

Monday, June 15, 2026

New York lawmakers passed a bill to expand the Department of Investigation’s access to child welfare records, aiming to improve oversight of the Administration for Children’s Services by removing current legal restrictions. The legislation, pending the governor’s approval, addresses regulatory barriers that have hindered investigations into child fatalities and misconduct, potentially leading to stronger safety measures for children under ACS care.

New York lawmakers have approved legislation aimed at increasing oversight of the city’s Administration for Children’s Services (ACS) by granting the Department of Investigation (DOI) broader access to agency records. The bill, now awaiting Gov. Kathy Hochul’s decision before the end of the year, seeks to remove existing legal barriers that have restricted investigators' ability to fully examine cases involving children under ACS care.

Currently, state laws permit ACS to withhold certain records from the DOI, particularly in instances where allegations of abuse have been deemed “unfounded” by the agency. Additionally, investigations into alleged sexual misconduct by ACS caseworkers require approval from the state Office of Children’s and Family Services (OCFS) before DOI can access pertinent records. DOI Commissioner Nadia Shihata has criticized these restrictions, emphasizing that they inhibit the department’s capacity to conduct proper oversight comparable to that exercised over other city agencies.

A report released by the DOI last month highlighted the impact of these limitations, noting that state regulations and lengthy delays from the OCFS obstructed investigations into 17 of 18 child fatalities last year involving previous ACS involvement. “The state law has really prevented us from fully being able to provide the oversight that DOI provides to every other city agency,” Shihata said.

State Assemblyman Andrew Hevesi, a sponsor of the measure, contended that there is no valid justification for preventing DOI from reviewing ACS cases, especially those involving serious outcomes such as a child’s death. He described current restrictions as a barrier to implementing effective safety measures. “It’s actively preventing safety measures from being actively implemented,” Hevesi stated, adding that he did not anticipate opposition from Gov. Hochul.

The governor’s office declined to comment on her position regarding the bill but reaffirmed that protecting vulnerable children remains a top priority. “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,” said spokesperson Nicolette Simmonds.

An ACS representative acknowledged the importance of DOI’s oversight role and underscored the agency’s commitment to transparency and accountability. “ACS appreciates the important oversight role of the [DOI], and we remain committed to holding individuals accountable in any instance of potential employee misconduct,” said Marisa Kaufman. She also emphasized the agency’s duty to safeguard the confidentiality of the children, youth, and families it serves.

The OCFS did not respond to requests for comment on the proposed changes.