The chance a family will face an investigation varies significantly by their county of residence: 66% of counties investigate at a rate greater than the national average, and nearly 30% of New York counties investigate families at a rate of 60 per 1,000, 43% greater than the national average.

Among the contributing reasons for these high investigation rates may be that New York’s mandated reporters—who make the majority of reports to the State Central Registry—are criminally liable by state law if they fail to report a case of substantiated maltreatment.3, 4 Race is also a factor: Black families are 2.6 times more likely to be investigated and 4.7 times more likely to be subject to separation.5 Notably, in some communities, investigation rate variations likely occur at the neighborhood level, which may not be reflected in the county-level investigation rate.

Ultimately, over three-quarters of reports to the State Central Register are unfounded.

For most families, being subject to a CPS investigation—even one that is unfounded—is disruptive and traumatic. Investigations can entail months-long processes of invasive procedures, such as searching the home and children, and interviewing family members, neighbors, and teachers. Many families are not informed of their rights during CPS investigations, including their right to legal counsel. Legal representation empowers families to access more services, faster reunification and visitation in cases of separation, and better outcomes in court, among other benefits.6 Unnecessary investigations carry costs in addition to child and family wellbeing: a recent study focused on Monroe County estimates that each unfounded report costs the county $2,243.7

New York has historically and to date placed more children in institutional settings at a high rate.

While most children removed from their families as a result of CPS investigations are placed in kinship or foster families, 13% are placed in institutional settings, a higher percentage than 25 other states.8 Institutional settings (or “group homes” or “congregate care”) are meant to be used rarely and as a last resort because children in these settings almost always experience poorer outcomes, including in the form of poorer physical and mental development, ability to bond with caregivers, and behavioral health. Further, children in these settings are less likely to end up in a permanent home with lifelong family ties.9

State Policy Solutions

• Prevent unnecessary family separation by investing in trusted, community-based programs that contribute to child and family wellbeing.
• Ensure children and families know their rights when they first come into contact with the child welfare system, and have timely access to quality legal representation to enable them to advocate for the supports they need to thrive.
• Prevent unnecessary CPS investigations by reducing the number of mandated reporters and limiting penalties for failing to report, and ensuring new mothers and pregnant people or their babies are drug tested only after providing informed consent, among other strategies. Notably, at the end of 2025, the Governor signed a bill ending anonymous reporting to the State Central Register, one important action to reduce unnecessary investigations.
• Ensure that congregate care is only used as a last resort, and each child in foster care is placed in a setting that will best facilitate their health, wellbeing, and success.