When parents are accused of child neglect or abuse in New York, they face an investigation by child protective workers, a potential case in family court and even the possibility of having their children removed from their care.

The process can involve many months of home visits and parents may be required, or strongly encouraged, to comply with various social services, all with the aim of ensuring that children are safe at home.  

And beyond the interventions on the ground, a report of child neglect etches parents into a state registry — many argue for an arbitrarily long time, even for cases dismissed by a family court judge.

That registry is officially called the Statewide Central Register of Child Abuse and Maltreatment. It’s easy to get on, difficult to get off and it can restrict parents’ employment opportunities for up to 28 years.

“If there is any evidence whatsoever that there might have been child abuse or neglect, then you end up with a record — even if there's more evidence that there wasn't abuse or neglect,” said Chris Gottlieb, co-director of the Family Defense Clinic at the NYU School of Law.

New York is in the small minority of states that requires a particularly low burden of proof to substantiate a case of child maltreatment, she said. Changing this standard is one of the reforms she and other advocates are pushing before the legislative session ends in Albany next week.

Being on the registry comes with economic consequences. Parents on the registry cannot work with children or vulnerable people, such as jobs in daycares, as a home health aide or as a substance abuse counselor.

Some may see good intentions in a process that’s extremely cautious. But the registry does not differentiate between abuse and neglect cases; all parents get put in the same red-flag system regardless of the severity of the allegation.

Gottlieb notes that most of the cases reported to the state involve neglect, not abuse. And they are neglect cases that she and other advocates say disproportionately ensnare poor families for issues like inadequate housing, smoking pot or leaving children unsupervised for lack of child care.

“You can be on this registry longer for something like marijuana use than you would have a criminal record for a felony,” Gottlieb said.

The vast majority of families from New York City who are reported to the registry are black or Latino. 

Legislation proposed by Senator Velmanette Montgomery would amend rules governing the registry for neglect cases only. In addition to raising the standard of proof to get on the registry in the first place, the legislation would seal parents' records after five years for the purposes of employment background checks (the record would still be available to child welfare workers and foster care agencies).

Tina and Phil Hankins, parents of a teenage son with special needs in the Bronx, understand the ease of getting caught up in a child neglect report — and the subsequent ramifications that can dog a family.

In 2015, the Hankinses pulled their son, David, from his school, after repeatedly expressing concerns for his safety. They claimed that David had been abused by a staff member and had not been receiving proper academic interventions.

The school called in a report of child neglect after David failed to show up, even though the family had been approved to receive home instruction. Still, the city’s Administration for Children’s Services “indicated” the report of neglect, meaning it was credible enough to investigate.

With Tina as a daycare teacher and Phil trained as a school guidance counselor, having an indicated report meant the couple could not work with children. At one point, Tina landed a job as a lead preschool teacher, she said, but the offer was rescinded.  

When the couple appealed the neglect case to the state, an administrative judge ruled in their favor, calling the city’s investigation against them “vague and superficial” and the initial report by a school official “vague and erroneous,” according to Judge Glenn Harris’s decision.

The judge sealed the Hankinses record, so that their file would not be known to employers. But the couple is angry, and feels stigmatized.

“The government has completely failed me,” said Tina. “Here I am, a volunteer worker. I’ve given myself to my community — I still do. And when my family needs help, I’m completely left to fend for myself.”

There is widespread agreement that a system meant to help children is actually hurting some families by blocking job opportunities. Even child advocacy groups have signed on to the reform effort.

“Our goal of ensuring children are safe is a great one,” said Raysa S. Rodriguez, associate executive director for policy and advocacy at the Citizens Committee for Children of New York. “And what we know is that the current system has been overly intervening in some families because of that goal. And it's had an impact on family stability.”

There must be an effort to balance parents’ due process rights without compromising child safety, she said. The city’s Administration for Children’s Services echoed the same.

“We are pleased to see a new bill introduced that goes further to strike the right balance between protecting children in child care and other settings where they may be vulnerable, and ensuring economic opportunities for low-income communities and communities of color,” said Chanel Caraway, an ACS spokeswoman. “We can and must do both, and we’re working with the State Legislature to try to make sure the law reflects this.”

But, at the same time, Senator Montgomery knows the legislation is a tough — though not impossible — sell to fellow lawmakers. No one wants to give the appearance of going easy on child abuse, said Montgomery, even if that’s not what the legislation is about.

“It’s taken a lot of explaining,” she said.