New York State made history on April 10th when the Governor signed into law hard-won legislation that raises the age of juvenile jurisdiction to 18. Prior to the passage of this law, New York was one of only two states across the nation that continued to automatically treat 16- and 17-year-olds as adults in the justice system. With the stroke of a pen—after years of hard work by a broad and determined coalition of families, faith leaders, advocates (including Schuyler Center) and lawmakers—New York State moved from the shameful position of last in the nation in prosecuting teenagers as adults, to a state with one of the strongest, most innovative systems for handling teenage offenders. This is a tremendous accomplishment.
This new legislation is a game changer for the nearly 28,000 16- and 17-year-old New York teenagers arrested each year, the vast majority for minor crimes (72% are misdemeanors).[1] Furthermore, this is an issue that disproportionately affects youth of color—over 70% of 16- and 17-year-olds arrested are black and Latino, and 80% of those sentenced to incarceration are black and Latino.[2] At long last, New York law reflects what brain science has told us for years—that teenagers do not have the same capacity to control their impulses or make decisions as adults, in the criminal justice system, and that young offenders should receive treatment and services appropriate to their development if we are serious about preventing recidivism, and moving them on a path toward self-sufficiency and success.
The mechanics of the law are complex and will be implemented in stages. The age of juvenile jurisdiction will be raised to 17 by October 2018 and to 18 by October 2019. Juvenile misdemeanors will be moved to Family Court, felonies will be handled in a newly created Youth Part of the criminal court, with the presumption that non-violent felonies will be moved down to Family Court, unless the district attorney files a motion within 30 days showing “extraordinary circumstances” that the case should remain in the Youth Part. In some cases, as determined by a three-part test, violent felonies that do not involve a deadly weapon, sexual offense or significant physical injury, will also be transferred to Family Court. Family Court judges will also preside over the Youth Part of the criminal court. The law also requires parental notification of youth arrests and the sealing of youth criminal records after a period of ten years.
Unfortunately, New York’s 2017-2018 budget fails to advance the needs of children and families in many other areas. The budget slashes funding for foster care funding by $62 million—or by nearly 14%. These cuts cannot be rationally justified. Thousands of children continue to need foster care services, and increased instances of substance use among parents threaten to drive up the number of children who come into contact with the foster care system. And, New York continues to score poorly on federal assessments of our foster care outcomes, including the time it takes NY children and youth to be placed in permanent safe homes, and the State’s record of keeping children entrusted in its care safe from harm.
The budget further imperils children and families by cutting funding for child care subsidies. For the 43% of New York families whose incomes are low enough to qualify for a subsidy (<200% of the FPL or $40,320 for a family of three), a subsidy can mean the difference between economic stability, and financial crisis. Without a subsidy, low-income working parents are faced with unbearable choices, like choosing between leaving their children with unreliable caregivers or cutting their work hours, leading to deeper poverty or even homelessness. In addition, quality, reliable child care is a highly effective intervention for families at risk of child welfare involvement. Yet, at present, only 17% of eligible NY families receive subsidies and the new budget’s $7 million reduction will strip approximately 925 children of their subsidy.
New York has positioned itself as a leader on social issues, and a voice for the voiceless—a state that cares for the health and well-being of all its citizens. We passed Paid Family Leave and marriage equality and have invested in Pre-K. And this year we ensured that more youth will be treated fairly in the justice system by raising the age. We urge New York State to build upon these successes, and devote real attention and resources to improving services, systems and policies that strengthen families, and enable all our children to thrive.
Congress is expected to vote THURSDAY on the American Health Care Act (AHCA)—the 7th birthday of the Affordable Care Act.
The AHCA will cap the amount the federal government will pay New York for delivering Medicaid services.
Yes, you read that right—the ACHA contains provisions that would end the federal government’s commitment to a federal share of Medicaid that covers the actual cost of providing services for eligible people. Congress is moving quickly, with no hearings and no debates. It’s hard to imagine a more fundamental or disruptive change to this pillar of our nation‘s health care system, a program that has been a lifeline for children, families disabled people, seniors, and communities for over 50 years.
Medicaid and the Child Health Plus program form the foundation of children’s health coverage in New York. In fact, New York is experiencing a historic low in uninsured kids—almost 98% of children have health insurance. We cannot afford to let this remarkable accomplishment be undermined by a radical restructuring of the Medicaid program.
After the House of Representatives the bill is expected to go to the U.S. Senate next week.
Please take action. Send a letter to your member of Congress and sign on to our organizational letter to Senators Schumer and Gillibrand.
Thank you for your continued commitment to children and families.
As we finish off the last of our Valentine’s Day chocolates, it is a good time to celebrate February’s lesser claim to fame: February is National Children’s Dental Health Month.
This month is a time to raise awareness around children’s oral health. Tooth decay is the most common chronic childhood illness. It is five times more prevalent than asthma, and can be every bit as disruptive to a child’s ability to learn. The pain and suffering endured by children with dental disease can impact their ability to learn and grow, their speech development and overall health. The Surgeon General reports that nationwide, kids miss 51 million school hours each year because of dental-related illnesses. Children who suffer from tooth decay have, on average, lower grade point averages than students with healthier teeth. Poor oral health can also cause children to suffer low self-esteem due to visible decay or missing teeth and delayed speech development and can cause poor concentration. Far too many New York State children suffer from dental disease even though it is largely preventable; a statewide oral health survey revealed one in four New York third graders has untreated decay.
It is vitally important to increase preventive measures, coverage of and access to dental care among underserved children and families in our communities. After all, investing in the prevention of tooth decay in children will help maintain their health as they enter adulthood and will ultimately benefit the State in lower dental treatment costs.
Good oral health can help children stay healthy throughout the year and the rest of their lives. Visit our Oral Health resources page for more information on our work in children’s oral health and check out resources for Children’s Dental Health Month from the American Academy of Pediatrics and the American Dental Association.[/vc_column_text]
New York entrusts the care of its most vulnerable children—those experiencing child abuse and neglect—to the State’s child welfare system. However, preliminary data associated with a periodic federal review of the State’s child welfare system shows that the State often struggles to produce positive outcomes for those children.
The data show that children in New York’s system are more likely to experience multiple occurrences of maltreatment, and less likely to be quickly placed in a permanent home than children in nearly every other state. Specifically, children in New York who have been the subject of an indicated report of maltreatment are more likely to experience maltreatment again within the year than children in 46 other states. New York also ranks near the bottom nationally on the time it takes for children in foster care to be placed in a permanent home.[1]
These numbers are particularly discouraging given that this is the third time New York has undergone the federal review over the course of the decade, and the State has shown little improvement from one review to the next. And this review is one that has repeatedly flown under the radar in Albany. Indeed, the fate of children involved in the child welfare system in general garners little attention except when there is a tragic death, which typically leads to a few days of finger-pointing and firings, but seldom to a searching review of the system, and the root causes of its shortcomings. It is time for the State to take a comprehensive look at what is driving these outcomes, to determine root causes and develop and implement innovative strategies that will improve outcomes: for children and for the State.
The Schuyler Center’s December 13 policy forum will bring together committed and creative child welfare agency leaders from New York and sister states, along with individuals with personal child welfare system experience, to discuss transforming often overlooked and under-resourced child welfare systems. The forum will feature remarks from Sheila Poole, New York’s Acting Commissioner of the Office of Children and Family Services; Linda Spears, Massachusetts Commissioner of the Department of Children and Families; and Molly McGrath Tierney, the director of the City of Baltimore’s Department of Social Services. The speakers will also be joined by youth and parent advocates, individuals who have been personally touched by the system. Together, the speakers will highlight innovative and proven practices in child welfare that are improving outcomes for children and families, and which could present a way forward for New York State.
It is beyond dispute that economic development can be an effective way to fight poverty. So, too, longstanding anti-poverty programs have been proven to stimulate local economies. For example, researchers have established that raising the EITC has a positive effect in neighborhoods of concentrated poverty, improving health outcomes both for families directly receiving increased credits, and for others living in the community. The multiplier effect is most substantial in communities with many low-income residents, where the local economic impacts can often equal twice that of the number of EITC dollars received by the community.[1] Yet, New York State has drawn a sharp demarcation between economic development and poverty reduction efforts, investing exponentially fewer resources into poverty reduction than into economic development, not including poverty reduction as a measureable economic development goal, and demanding much better and quicker returns on its poverty reduction investments.
In last year’s budget, the State allocated $2.5 billion for economic development purposes under various programs, and $25 million to fund poverty reduction programs under the Governor’s Empire State Poverty Reduction Initiative.[2] In both its economic development and poverty reduction initiatives, the State has taken a regional approach to achieving project goals. To draw a more specific comparison at the regional level, the Capital Region Economic Development Council was recently awarded $4 million for the Port of Albany to construct a new heavy lift cargo operations building (this was just one of several funded projects).[3] Under the Empire State Poverty Reduction Initiative (ESPRI), the City of Albany expects to receive total funding of $1.5 million.[4]
In the area of economic development, the State has shown a willingness to take a long-view on investments, not requiring significant results for years. Take the case of Start-Up New York, perhaps the State’s most celebrated economic development project, under which New York State’s colleges and universities partner with new and growing businesses. Since the inception of the program two years ago, the State has invested tens of millions of dollars promoting the program, and granted more than $1.1 million in tax breaks, yet to date, the program has created just 484 jobs. The State has defended the program against its many critics, explaining that its investments in advertising and infrastructure were building momentum that would lead to dramatically greater results in the coming year. The State has given the program five more years to achieve its targeted goal of 4,100 jobs.[5]
In contrast, the State expects a much quicker return on its considerably smaller investment in poverty reduction initiatives under the ESPRI program. Specifically, funds are not to be awarded to a proposed project if it will necessitate ongoing State financial support beyond the first allocation. These “start-up” poverty reduction projects are expected to achieve measurable outcomes and leverage alternative funding almost immediately.
Looking ahead, we urge the State to reorient the demarcation between economic development and poverty reduction initiatives and eliminate the double standards. Already, the State is encouraging poverty reduction task forces convened under ESPRI to consult with the local Regional Economic Development Council (REDC). This is an important step. Next, REDCs should be required to consult with local poverty reduction task forces in communities that have them—or with local human services organizations in communities without task forces—when making regional economic development plans and distributing economic development resources. Proposed economic development projects with poverty reduction potential should be given priority by REDCs. At the same time, we also urge the State to give poverty reduction programs more of a chance to succeed by investing real start-up dollars over a longer period of time into promising programs, and providing them with a more realistic timetable for achieving sustainability and measurable outcomes.
Kate Breslin, President & CEO, Schuyler Center for Analysis & Advocacy
Recent Comments