Between August 2019 and January 2022, only 24% of investigations prompted by calls from school staff found evidence of abuse or neglect compared to a citywide rate of in 2020 — meaning K-12 workers make allegations that do not get substantiated far more often than most other professions.

Teachers, with whom children spend most of their day, misreport more than any other school staff: Two thirds of their calls to the state hotline are unfounded, according to data obtained by ĂŰĚŇÓ°ĘÓ through a public records request.

Meanwhile, families say the investigations plunge their lives into deep uncertainty and inflict lasting traumas on their kids. Parents describe children with recurring nightmares, fearing every knock on the door may be a caseworker looking to snatch them from their home.

Darcey Merritt, associate professor of social work at New York University, regularly engages with families impacted by the child welfare system in her work and research. She also serves on the Child Maltreatment Prevention Committee of the .

Over the years, Merritt has come to see the system as overly punitive toward poor families who love their children but may struggle to meet their basic needs due to lack of resources. 

The expert believes it’s time to reimagine child welfare to better support those families: “We need to start the whole thing over,” she said.

ĂŰĚŇÓ°ĘÓ spoke to Merritt to learn what issues she sees in child protective services — and what can be done.

This conversation has been lightly edited for clarity and length.

ĂŰĚŇÓ°ĘÓ: What should people who work in schools understand about the child welfare system?

Darcey Merritt: We can’t disentangle neglect from poverty, it’s inappropriate to do so. 

On any given day, 76% of the children and families that are exposed to child welfare are there because of some form of neglect. And neglect is tethered to poverty: supervisory neglect, physical neglect, which refers to people not having appropriate food, clothing and housing. 

A lot of these issues related to neglect are structural issues that are outside the control of parents. Yet [child protective services] is blaming parents for their unfortunate, involuntary socio-economic statuses. So that’s a problem. 

Teachers are mandated to report out of an abundance of caution if they feel like a child is unsafe for whatever reason. But there’s got to be a way where mandated reporters first figure out how to be more useful in addressing the actual problem. If a child has dirty clothes consistently every day, let’s figure out what to do about that without getting CPS involved. 

I think there needs to be changes in state mandating laws, so [reporters] are encouraged, maybe even required, to first figure out how to address the problem. If they don’t have enough child care, well, then let’s find child care. If they don’t have enough food, let’s find food. Laundry machine is broken and they can’t go to the landlord because they’re behind on their rent? Let’s figure that out. These are all things that are happening. 

What might those changes look like?

We need to start the whole thing over and reserve child protective services for those kids who have been physically and sexually abused. We need to have a separate institution, a separate agency or organization, working with communities and neighborhoods to provide support for all the other kids so that the go-to response isn’t to report a child who’s poor. It all comes down to money and what our society is willing to do to make sure that people have a standard level of resources and support to be able to raise their families.

We need to really have more respect for these parents because they love their children and they are victims of an inequitable society.

To make sure I’m understanding correctly, are you saying child protective services should not be the ones responding to neglect charges?

I do not think they should be handling neglect charges. I think that some other agency that’s not connected to the stigma of having a CPS case should respond. Whatever support we put in place, it needs to be untethered from the institution of child protective services.

I’m not saying we shouldn’t help these families. I’m saying the child protective services is not the agency to handle neglect cases that have to do with poverty.

New York State law, as of 2021, requires implicit bias training for mandatory reporters. Does that rule go far enough to mitigate some of these problems?

I don’t think it goes far enough. You can’t just do a training and call it a day. You have to have something in place so that when people are making decisions, you can check whether or not this decision was made because of some unseen bias. For example, ‘Oh, this child’s parent has been involved with the carceral system. Go ahead and report this one.’ That’s how people continue to cycle in between these harmful punitive systems. 

We have our own Western idea of what safety and family well-being means and it’s all from a deficit lens. Rarely do we look at family dynamics and functioning from a strength-based perspective. I interview a lot of moms for my research and all of them say, ‘We love our children, but we needed help.’ 

It’s a really serious problem and the racial disproportionality is going to continue (because impoverished parents have no choice but to rely on the government for welfare). Black children are highly disproportionately involved with the child welfare system and before Black children, Native kids have the highest disproportionality of involvement. People don’t even pay attention to that.

Interesting. I didn’t know that.

The highest is Native American children, then Black children, then Latino children. White children are not overly represented in the system.

Some parents have told me they can’t help but know about child protective services, or, in New York City, the Administration for Children’s Services, because either they’re personally impacted or they know someone who is. Meanwhile, other families are completely oblivious. Have you seen that difference between communities?

It’s true. Once you’re involved, you know what that looks like. Parents’ language is even institutionalized. Have you heard people who are involved with the carceral system say, ‘Oh, somebody caught a case.’ These ACS-impacted moms literally say, ‘Well, I caught an ACS case.’ That language is a thing. 

And another group doesn’t have any idea what ACS is.

What are the harms of overreporting and what are the harms of underreporting [to child protective services]? 

The obvious harm of underreporting is that we may miss children who are in actual danger from parents that abuse their children. 

This whole issue of, ‘out of an abundance of caution, we need to report anything that we suspect might be problematic,’ that’s where the rub lies. We have to figure out how to pull out those issues that are related to poverty. 

The harm of overreporting is that when CPS comes knocking at your door, you are immediately traumatized. The very minute a child is taken from your home for any amount of time, you are immediately traumatized. They then have workers coming in on a regular basis, they’re being mandated to do certain groups and therapy, all kinds of things that don’t relate to the fact that maybe they need some money.

I personally renamed CPS the ‘child poverty surveillance.’ That’s my own little term I’ve made up for them.

You have to be subjective when you’re making a decision about whether or not a child is in danger. And one needs to be really, really reflective about their implicit biases, because [the worry is] a poor Black child will be treated differently than a poor white child. 

You live and work in New York City. Do mandated reporters, like school staff, lean more toward over or underreporting? 

They lean more towards overreporting. 

What messages are those people receiving when they get trained? Is it ‘When in doubt, report?’ Is it, ‘Take every precaution before you do?’ What are folks hearing?

I think they’re hearing, ‘When in doubt, report.’ I think that’s what they’re hearing. 

For the most part, folks are afraid because if you don’t report something and the child ends up really harmed, then the liability is on the mandated reporter. I think they’re being given a double message: ‘When in doubt, report,’ but on the back end, ‘Be careful, because there might not be a need for CPS to be involved.’ 

In schools, especially those that are under-resourced, they don’t have the means to help a family with their basic needs and their financial needs. [Instead], teachers are by law required to report to child protective services. It just makes no sense. The solution does not match the problem. And it causes harm in the meanwhile.

Given the system as it stands, if you are a mandated reporter in a school setting, how do you respond in a way that both protects a child in real danger, but also won’t jeopardize a family for no reason? How do you weigh that judgment call?

It’s hard. 

I had this conversation with my partner who teaches in Philadelphia. He’s not a social worker. I’m a social worker. But he [has to play the role of] a social worker, because he has to do social work as a teacher. 

When something’s going on with a child, my recommendation is to find out what’s happening from the family first. I recommend taking more caution before making a phone call [to the state hotline]. See if you can come up with a solution first. 

That puts a greater burden on teachers because then they end up being social workers as well. So it’s a very fine line, finding out what resources one has at the school, if the nurses or the climate officers or whoever the people are at the school [can help]. 

I’m only speaking about cases where neglect is related to poverty. Now, there are other cases of neglect where a parent intentionally left the child with a child abuser. All the neglect I’m talking about is unintentional. 

Child protective services should not be the go-to for cases of unintentional neglect related to poverty. That phone call should not be made to CPS but to another agency that we just don’t have yet. 

When child protective services investigated Shalonda Curtis-Hackett’s family for neglect in 2021, the Brooklyn mom could measure the personal toll in pounds lost: 20. 

She tried to fight the clawing thoughts that her caseworker “could try and snatch my kids,” a vision she says she still can’t escape in her nightmares.

Though the agency eventually found no evidence her children were malnourished — her husband is a professional chef — the process of having a welfare worker inspect their Bushwick apartment, check the fridge for food and ask prying questions deeply disturbed her children, who are now 8, 10 and 15.

“My children are happy-go-lucky kids and I’ve had to adultify them and tell them about the world much faster than I wanted to,” Curtis-Hackett said. 

The mother, who was also PTA president at her younger children’s school at the time, believes the report came from a K-12 staffer who said her kids’ bones were sticking out, an observation made while the children were attending class via Zoom at the time.

If so, the family is among the thousands of New York City households — disproportionately Black, Hispanic and low income — subjected to unfounded investigations into abuse or neglect initiated by calls from their children’s school. 

In fact, between August 2019 and January 2022, city school employees made over 13,750 false alarm reports to the state child abuse hotline, according to data obtained by ĂŰĚŇÓ°ĘÓ through a public records request to the Office of Children and Family Services. 

Over that time span, the vast majority of school-based reports were ultimately unfounded, including at least 58% of calls from guidance counselors, 59% of calls from principals and 67% of calls from teachers. Less than 1 in 3 teacher reports led to any evidence of wrongdoing.

“Teachers, out of fear that they’re going to get in trouble, will report even if they’re just like, ‘Well, it could be abuse.’ It could be. It also could be 10 million other things,” said Jessica Beck, a middle school English teacher in the Bronx.

Those reports spur investigations that, at their most dire, can lead children to be separated from their parents — a trauma associated with elevated risks of . Even when closed and dropped, investigations can stay on parents’ records for years afterward and erase job prospects in youth-serving fields.

Kamaria Excell is a social worker who has helped dozens of parents recover from the damaging process. She led a 12-week healing program with the community-based organization . The vast majority of participating parents — 95%, she estimates — had investigations that were ultimately dismissed. But the shame, anger and eroded trust did not fade.

“Families deal with the repercussions of careless [child welfare] investigations for years after,” she said.

When a case gets closed, Curtis-Hackett, the Brooklyn mom, added, “it doesn’t stop the PTSD.”

‘When in doubt, report’

In total, only 24% of investigations prompted by calls from school staff found evidence of abuse or neglect compared to a citywide rate of in 2020 — meaning K-12 workers, teachers especially, make allegations that do not get substantiated far more often than most other professions. (Another 16% of K-12 calls led to an alternate response for children determined not to be in imminent harm and 59% were dropped outright.) Even that rate likely overstates the true level of maltreatment, family law attorney David Shalleck-Klein said, because it’s a metric the agency determines “unilaterally” and includes cases that may ultimately be dismissed in court.

The issue extends beyond Gotham, with similar rates of unsubstantiated reports from school staff nationwide. Among mandated reporters, K-12 workers are the most likely to report abuse or neglect and the least likely to have their allegations find evidence of wrongdoing, show.

Like most states, New York requires educators, child care providers, law enforcement officers, health care professionals and social workers to call a hotline if they believe a young person may be experiencing abuse or neglect. But, in practice, that decision is always a judgment call, said Beck, the Bronx middle school teacher. And in NYC schools, it’s a call made by teachers who are mostly white about students who are mostly Black and Hispanic.

“What looks like neglect to a teacher who has privilege might actually be poverty,” said Beck, who is white.

For example, educators are trained that poor hygiene can be a sign of neglect. But if a kid in her class smells, the teacher will speak with the parents rather than immediately calling in a report, she said. Some colleagues in the same situation, though, may call the state hotline, plunging that family’s life into the havoc of a neglect investigation.

The ethos is “when in doubt, report,” said Darcey Merritt, an associate professor of social work at New York University.

“Instead of immediately reporting a suspected neglect situation, find out how to address that need that’s being unmet first,” she suggests.

That is not what a social worker at a Bronx transfer high school — small schools designed to re-engage students who have dropped out or fallen behind — sees on the ground, unfortunately. She asked not to be identified for fear of getting into trouble at work.

“It’s totally C-Y-A, cover your ass. If you’re unsure, just call,” she said.

“They never provide information on what happens after the call,” she continued. “Mandated reporters don’t know that, many times after making a call, 24 hours [later] someone’s going to show up to this person’s house … and start conducting an investigation: a search of their home, checking counters, checking their cabinets, strip searching their young children to check for any bruises or marks, depending on the allegation.”

Instead, the training sessions she has attended have begun by projecting the names and pictures of young people who have died by parental abuse, the social worker said, a tactic she considers “fear mongering.”

The Department of Education said it cares deeply about the well-being of students and is committed to providing support and care at the earliest opportunity.

“While every NYC Public School member is a mandated reporter, we are focused on connecting with children and families who may be in need, providing them access to the vital interventions, supports and services they need to stay safe,” DOE spokesperson Suzan Sumer said in an emailed statement.

The Administration for Children’s Services, the city agency that investigates suspected abuse and neglect, said it is working to cut down on unneeded reports. Overall, school and child care-based reports fell 17% from spring 2019 to spring 2022, it said.

As per a , mandated reporters are required to undergo implicit bias training. And this fall, ACS will hold a series of five-hour trainings in collaboration with the NYC Department of Education to help school staff better understand the citywide resources they can refer families to rather than calling the child abuse hotline, the agency said. Only one representative from each school, however, is required to attend.

“We take our mandate of protecting children and supporting families seriously, while simultaneously being committed to reducing unnecessary child protection involvement with families, particularly families of color,” a spokesperson wrote in an email.

Of in 2020, 36% found evidence of abuse or neglect and 86 children died, according to the . The large majority of those deaths “​​were unrelated to abuse or neglect,” the agency wrote. However, when a child is killed as a result of being beaten or neglected by a family member, the agency frequently for failing to investigate or properly follow through on earlier reports of abuse.

‘School-to-ACS pipeline’

In New York City and across the nation, involvement with child protective services breaks decisively along racial lines.

Citywide, some of children named in ACS investigations are Black or Hispanic, while, together, those racial groups make up 60% of NYC young people. Even among neighborhoods with similar poverty rates, those with greater shares of Black and Hispanic residents face higher rates of investigations, shows.

Child protective services involvement becomes so normalized in many low-income communities, Merritt has noticed, it changes people’s vernacular.

“These ACS-impacted moms literally say, ‘Well, I caught an ACS case,’” as if they’re referring to the criminal justice system, the social work professor said.

Meanwhile, more privileged communities are often unaware of the disastrous effects that system can have, said her NYU colleague Anna Arons, assistant professor of law.

“It is really easy to be a person with money in this country, … particularly white, and not have any sense of child welfare services as anything more than people who are genuinely helping children,” she said. “You might never know there are 50,000 investigations every year in New York City, which is really an astronomical number.”

Curtis-Hackett, for her part, has taken the situation into her own hands. After being reported to child protective services, she no longer wants her family to participate in a system she calls the “school-to-ACS pipeline.”

Last year, she pulled her kids from the public school system. Now, they homeschool.

“I don’t trust the [Department of Education],” she said. “I will not allow my children to be collateral damage.”

Correction: An earlier version of this story stated national figures for the number of children in 2020 who had died, suffered abuse or neglect, and been reported to CPS by any source, not just educators. Those contextual data have been corrected to reflect New York City’s rates.