ACS Under Fire: What NYC Social Workers Should Know About Ongoing Oversight Failures

ACS Under Fire: What NYC Social Workers Should Know About Ongoing Oversight Failures

May 16, 2025

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Last Updated: May 12, 2025

Multiple Reports Highlight Systemic Failures

NYC's Administration for Children's Services (ACS) is facing unprecedented scrutiny following multiple reports exposing critical failures in its oversight of vulnerable children. As social workers on the front lines of child protection, understanding these systemic issues is crucial for both your practice and advocacy efforts.

Recent Update: In 2025, ACS continues to face criticism for preventable child deaths, inadequate juvenile facility oversight, and the controversial expansion of its CARES diversion program. Multiple sources report that several children known to ACS have died under horrific circumstances despite agency involvement.

Key Oversight Failures You Need to Know

1. Child Fatalities Despite ACS Involvement

One of the most damning findings is the occurrence of child deaths in families already known to ACS. Recent reports document several tragic cases:

Jahmeik Modlin (October 2024): A 4-year-old died from starvation in Harlem, prompting ACS whistleblowers to speak out
De'Neil Timberlake (July 2024): A 5-year-old died from methadone ingestion in his Bronx apartment from a father known to ACS
2022 Statistics: 39 child fatalities in homes where ACS was already aware of alleged abuse, with 9 ruled homicides

2. Racial Discrimination Throughout the System

Multiple analyses have exposed profound racial disparities at every stage of the child welfare process. The NYCLU's comprehensive report reveals shocking statistics:

Racial Disparities by the Numbers

Population vs. System Involvement:

• Black children: 23% of NYC population, but 38% of SCR reports
• Black children: 52% of emergency removals without court orders
• Black families: 7x more likely to be reported than white families
• Black children: 13x more likely to have children removed

ACS's own 2020 internal racial equity audit - which the agency attempted to bury - found that "white parents are presumed to be innocent and are repeatedly given opportunities to fail and try again, while Black and Brown parents are treated at every juncture as if they are not competent parents."

3. Juvenile Detention Center Failures

A 2025 state audit found severe problems at Horizon and Crossroads juvenile centers:

• Only 53% of youth received required 24-hour intake assessments
• 37% of 9,693 serious incidents went unreported to the state
• Massive spike in contraband and violence
• Some teens forced to sleep on floors, in hallways, or classrooms due to overcrowding

4. Controversial CARES Program Expansion

Under Commissioner Jess Dannhauser, ACS has aggressively expanded the Collaborative Assessment, Response, Engagement & Support (CARES) program. This "non-investigatory" approach has drawn sharp criticism from ACS whistleblowers who argue:

• Cases involving known drug abusers are diverted to CARES without proper investigation
• No clear standards for determining which cases qualify as "low-risk"
• Lack of empirical evidence linking the program to improved child welfare outcomes

What This Means for Your Practice

Documentation Is Critical

Given the pattern of oversight failures, maintaining meticulous documentation has never been more important. Ensure you:

• Document all concerns comprehensively, including those that might be diverted to CARES
• Note racial and socioeconomic factors that might be influencing case decisions
• Keep detailed records of all interactions with ACS personnel

Be Aware of Bias in the System

Understanding the documented racial disparities should inform your approach:

• Be conscious of how poverty conditions are often conflated with neglect
• Advocate for appropriate services rather than removal when possible
• Consider referring families to legal resources early in the process

Know Your Reporting Obligations and Rights

While mandated reporters must fulfill legal obligations, you should also:

• Question decisions that seem driven by bias rather than safety concerns
• Be prepared to escalate concerns if you believe a child remains at risk
• Consider whistleblower protections if you witness systemic failures

Resources for Social Workers

Stay informed and connected with organizations working to address these issues:

NYC Family Policy Project: Provides data analysis on racial disparities

NYCLU: Offers legal resources and advocacy

Bronx Defenders: Provides family defense services

JMAC for Families: Supports families affected by the child welfare system

Looking Forward: The Need for Systemic Change

While ACS has implemented some reforms, including implicit bias training and the creation of an Office of Equity Strategies, advocates note that these efforts have yet to show meaningful impact at the frontline level.

As social workers, your role in documenting these failures and advocating for change is crucial. The New York City Council continues to push for greater oversight and accountability, but real change requires sustained pressure from both within and outside the system.

"The challenge now is operationalizing it, to see it on the front-line staff level. We have not seen the trickle-down impacts that we're hoping for yet." - Dr. Sophine Charles, Council of Family and Child Caring Agencies

Your work directly impacts the lives of New York's most vulnerable children. By staying informed about these systemic failures and maintaining high professional standards despite institutional challenges, you can help protect children while pushing for the reforms our system desperately needs.

Further Reading and Resources

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