New York City’s watchdog agency is routinely denied access to child protective services records, even in the most tragic cases when a minor has died, according to a new report.
The Department of Investigation’s report, “Access Denied: Challenges to DOI’s Oversight of the Child Welfare System,” said the agency was notified of 18 child fatalities last year where the family was previously involved with the Administration for Children’s Services, the city’s child welfare agency. But current state law barred DOI from accessing the full ACS history in 17 of those deaths.
It wasn’t the first time investigators met with resistance: Those statistics were 13 out of 16 in 2024, and 19 out of 25 in 2023.
“Without this access, DOI cannot obtain the full picture of ACS’s actions,” DOI Commissioner Nadia Shihata said in a statement.
The 33-page report, published on Tuesday, identified several child fatalities that DOI has been unable to fully investigate — or look into at all — to determine whether there was more ACS could have done to protect children.
Among them was De’Neil Timberlake, 5, who was found dead in a Bronx apartment in 2024 after allegedly ingesting his father’s methadone. DOI cited a Daily News article that his family’s ACS history included nine allegations of child neglect.
The report also names Jah’Meik Modlin, 4, who also died that year of starvation in Harlem; he weighed 19 pounds at his time of death. His killing sparked public outcry after The News reported his family had previously been investigated by ACS for malnourishment. The ACS commissioner at the time was asked to testify before the City Council after Jah’Meik’s death but did not publicly disclose more information.
“DOI’s comprehensive investigations have a meaningful impact by upholding best practices as well as providing accountability when there is criminality or other misconduct,” Shihata said. “Just as important, DOI’s investigations, including in ACS-related matters, support the many city workers who do their jobs everyday with integrity and instill public confidence in city operations.”
The report does not blame ACS so much as it traces the challenges back to state laws and how they’ve been interpreted by the relevant state agency, the New York State Office of Children and Family Services.
“ACS appreciates the important oversight role of the Department of Investigation and we remain committed to holding individuals accountable in any instance of potential employee misconduct,” the agency said in a statement. “ACS also remains committed to transparency and accountability in our operations, while safeguarding the confidentiality of the children, youth and families who we serve.”
ACS and OCFS have an agreement where child welfare officials notify DOI of any fatality in a family with an open case or history of substantiated abuse.
But DOI has appealed to OCFS to fix the authorization process for ACS records when that history is not so clear-cut — for example, if past investigations were unfounded or the agency responded to a report with free services instead of a traditional probe.
Investigators alleged that process has been mired in delays and denials, even when ACS itself made the referral and is cooperating with the probe. On top of child fatalities, DOI might also seek records related to allegations of sexual misconduct or fraud of ACS employees.
“New York State law requires confidentiality for sensitive records regarding possible child abuse due to the potential harms their disclosure could bring,” said Daniel Marans, an OCFS spokesman. “OCFS is deeply committed to the well-being of children and families and takes seriously its obligation under New York State law to protect the identities of children experiencing abuse and maltreatment or institutionalization.”
The DOI report called on the New York legislature to pass a bill, and Gov. Hochul to sign it, that would update the law so to provide investigators with access to the necessary records for their probes.
“DOI wholeheartedly supports the pending state legislation,” said Shihata, “because it provides access to critical records that are essential for DOI to conduct rigorous and independent oversight that helps ensure ACS’s programs are effectively safeguarding the children in this city.”