Public Advocate Betsy Gotbaum

Releases & Statements

Gotbaum Report Finds City Fails to Adequately Protect Children From Domestic Violence

New York City Public Advocate Betsy Gotbaum today released a report detailing the City’s failure to protect children who may be exposed to or at risk of domestic violence in their homes or in foster care.

Gotbaum found alarming evidence that the Administration for Children’s Services (ACS) does not screen persons living in potential adoptive or foster homes for a history of domestic violence. Nor does the agency check whether orders of protection have been filed against any members of these households.

“Over 400 children were reported abused or neglected in foster care last year, and some of these incidents may have been prevented had ACS screened prospective parents or family members in the Domestic Violence Registry. A screening process for all prospective adoptive and foster homes must be put in place immediately,” Gotbaum said.

The report, titled Caring for the Children: Improving the City’s Relationship with Children Exposed to Domestic Violence, also concludes that ACS has failed to provide adequate domestic violence training for its foster care and preventive service personnel and that it is ineffectively and infrequently using Clinical Consultation Teams (CCTs) on domestic violence cases. CCTs are comprised of a coordinator, a domestic violence specialist, and a mental health and substance abuse specialist who are able to provide guidance to caseworkers in domestic violence cases. Consultation with these specialists is voluntary, however, and must be initiated by the caseworker.

“ACS is clearly failing to make the best use of its domestic violence specialists. Any ACS personnel dealing with foster, adoption, or preventive service cases should be trained adequately to make sure the children in their custody are not placed in a home where domestic violence occurs and to identify and provide services to children living in homes with domestic violence,” Gotbaum said.

Gotbaum further found that batterers are able to perpetrate abuse by calling the New York State Child Abuse Hotline and making false allegations against their partners. This manipulation of the child abuse reporting system enables the batterer to falsely accuse a spouse or partner, which is a form of abuse itself and also a misdemeanor.

"Malicious reports can result in removal of children from good mothers and is one of many tactics used by abusers to harass and intimidate their partners. Women report that there are few consequences, if any, to false reports filed against them by abusive ex-partners, even when the calls were made from jail. These calls also divert the energy of child welfare staff from investigating cases where children may be in danger," said Susan Lob, director of the Voices of Women Organizing Project, an organization of survivors of domestic violence working to improve services for battered women and their children.

The report recommends that ACS screen all potential adoptive and foster homes to ensure that homes are free of violence. If violence is discovered ACS should deny certification. The report also recommends that all caseworkers at foster care contract agencies and all management personnel at preventive service agencies receive domestic violence training; that ACS workers fully integrate the agency’s domestic violence policies into their work; and that they be required to confer with Clinical Consultation Teams in all domestic violence cases.

Gotbaum also called on ACS to make a public service announcement promoting the importance of reporting suspected child abuse to the child abuse hotline and warning that malicious false reports are subject to prosecution.