The city’s embattled child-welfare agency would have to cough up critical records to state probers so they could finally properly probe tragic cases involving kids, according to a newly passed Albany bill.
The tentative legislation, which Gov. Kathy Hochul has until the end of the year to approve or veto, would clear “significant” roadblocks to justice by allowing the state Department of Investigation access to previously withheld records from the Administration from Children’s Services.
“The state law has really prevented us from fully being able to provide the oversight that DOI provides to every other city agency,” DOI Commissioner Nadia Shihata told The Post in an interview
The watchdog department said state laws, as well as “burdensome” delays from the state own Office of Children’s and Family Services, prevented it from conducting investigations into 17 of 18 child fatalities last year in which there was previous ACS involvement, according to a blistering report published last month.
ACS records are allowed to be withheld from investigators if they resulted in what the agency deemed “unfounded” at the time, a situation that the bill would change.
If DOI also wants to investigate potential sexual misconduct cases involving ACS caseworkers, it currently needs permission from OCFS to access those records.
“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.
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