Cuomo vetoes bill aimed to help people of color keep custody of their kids

Originally published in City and State NY

People of color in New York disproportionately lose custody of their children because of child neglect cases that begin with alleged transgressions as innocuous as smoking marijuana. Efforts to address this source of inequality have faced a setback after Gov. Andrew Cuomo vetoed a bill that would have changed how the state handles allegations of child neglect – which can shadow a parent for decades, impacting their chances of getting a job along the way. 

Legislation passed by state lawmakers earlier this year would have required a higher standard of proof to substantiate allegations of neglect, while also making it easier for parents or guardians to improve their employment prospects by having their names removed from the State Central Registry, which lists allegations of child neglect and abuse for as long as 28 years, and is checked when someone applies for “employment, certification, or licensure in the child care field,” according to the state Office of Children and Family Services. 

The bill passed the state Senate and Assembly by overwhelming margins in June with the support of many child welfare nonprofits, but there had been concerns from advocacy groups like the New York Society for the Prevention of Cruelty to Children that the proposal would endanger children by making it harder for caseworkers to act when they suspect a child needs help. 

In his veto message, Cuomo echoed those concerns, adding that the bill had unbudgeted fiscal implications and would require an unrealistic timetable for adoption by the state. “Certain child abuse and maltreatment cases in the statewide central register would be automatically sealed upon enactment,” reads the veto message. “By allowing the records of individuals with serious histories of abuse or maltreatment of children to be sealed, New York can place children at risk of harm.” Cuomo spokesman Jason Conwall told City & State that the governor was "firmly committed" to reaching a deal with lawmakers on the issue moving forward.


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