In November 2023, New York passed a law with profound implications for child abuse investigations—especially for families of children with intellectual or developmental disabilities. Chapter 646 of the Laws of 2023 amends Social Services Law §§ 413 and 421, requiring the Office of Children and Family Services (OCFS) to update its mandated reporter training and child protective investigation guidelines to include information specific to identifying abuse in children with disabilities.
As a Brooklyn family law firm representing parents in ACS investigations and Family Court proceedings, Gilmer Law Firm, PLLC frequently sees families of children with special needs targeted due to misunderstandings about disability-related behaviors. This blog explains what the new law requires, how it can reduce wrongful indicated reports, and what steps you should take if ACS opens an investigation against your family.
What the Law Changes
Effective November 17, 2024, all professionals mandated to report suspected child abuse or maltreatment—teachers, therapists, doctors, social workers, law enforcement, and more—must receive new training that includes:
– How abuse and neglect may manifest differently in children with intellectual or developmental disabilities,
– Red flags that are specific to disability-related vulnerabilities, and
– Cautions against misinterpreting symptoms or behaviors related to a disability as signs of abuse or neglect.
OCFS must also revise its internal policies, investigative criteria, and local CPS guidelines to reflect these changes. Mandated reporters will have one year from the effective date to complete the updated training.
Why This Reform Matters
Too often, behavior resulting from autism, ADHD, sensory processing disorders, or other neurodevelopmental differences is misunderstood as evidence of poor parenting. A child with a speech delay might be presumed to be emotionally neglected. A child who resists touch may be seen as fearful of abuse. A child who melts down in public may trigger a report by a teacher or stranger unfamiliar with the child’s disability.
In Brooklyn and across New York City, families of color are disproportionately affected by these mistaken assumptions. Once a report is made to the State Central Register, ACS is legally obligated to investigate—and in many cases, parents are pulled into an intimidating process that includes home visits, interviews, medical evaluations, and even emergency removals.
At Gilmer Law Firm, we’ve defended parents whose only “offense” was having a child with challenging behaviors and seeking help. This law is a crucial step toward correcting these systemic injustices.
What Mandated Reporters Need to Know
The law doesn’t relieve mandated reporters of their duty to report suspected abuse. Instead, it aims to make those reports more accurate. Training will cover:
– The difference between abuse and symptoms of disability,
– How trauma can look different in children with cognitive or speech delays,
– The importance of consulting specialists before drawing conclusions, and
– Strategies for identifying real safety concerns without stigmatizing disability.
Mandated reporters must use their discretion wisely. A wrong report can disrupt a family’s life for months or years.
How ACS Must Change Its Practices
Once a report is made, OCFS and local ACS workers must also investigate appropriately. This means:
– Consulting with medical or psychological experts in developmental disabilities,
– Recognizing that certain conditions may make traditional signs of abuse (such as behavioral regression or communication challenges) unreliable,
– Avoiding unnecessary removals, and
– Documenting the family’s use of services as a sign of proactive parenting, not neglect.
ACS should also work with community organizations that support families with special needs and prioritize preventative over punitive responses.
Your Rights if You Are Being Investigated
If you are a parent of a child with disabilities and ACS opens a case against you:
– **Do not panic**. Contact an experienced family law attorney immediately.
– **Do not speak to ACS without representation**. Even well-meaning answers can be misinterpreted.
– **Keep documentation**. If your child receives special education services, therapy, or medical treatment, keep records that show you are actively involved in their care.
– **Challenge false reports**. If an indicated report is filed, you have the right to request an administrative hearing to seek amendment and sealing of the report.
Our firm has extensive experience representing parents at SCR hearings and in Article 10 neglect proceedings. We also file Article 78 appeals to the Appellate Division when OCFS refuses to clear an unjust finding.
Gilmer Law Firm’s Approach
At Gilmer Law Firm, PLLC, we fight for parents who have been misjudged due to ignorance or bias. Whether you are facing a neglect petition, an ACS home visit, or an indicated report, we bring the knowledge of both the law and your child’s needs to every case.
We work with expert witnesses in child psychology, disability rights advocates, and medical professionals to build a strong defense. We also push back against ACS decisions that violate your due process rights or reflect outdated understandings of parenting a child with special needs.
Conclusion
The mandated reporter reform law is a vital acknowledgment that not all families look the same—and that disability does not equal neglect. By improving the training of those who are legally required to report suspected abuse, New York is taking a step toward protecting the most vulnerable children and the families who care for them.
If your family is involved with ACS or you are concerned about how your child’s disability might be misinterpreted by mandated reporters, call Gilmer Law Firm, PLLC today at (718) 864-2011 or visit our Brooklyn office at 15 Metrotech Center, 7th Floor. We’re here to protect your rights and your family’s future.
