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PUBLIC TESTIMONY
Testimony by George Kotis, Director of Early Defense of the Family Defense Practice at The Bronx Defenders
6:41:10
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135 sec
George Kotis, representing The Bronx Defenders, advocates for funding the Family Advocacy Initiative to provide legal representation during OCFS hearings. He emphasizes the unfairness of the current ACS investigation process and the severe consequences of being listed on the State Central Registry (SCR).
- The initiative has been successful in amending and sealing records 93-97% of the time, helping parents regain employment opportunities and custody rights.
- Kotis argues this is a racial justice issue, as Black and Latinx children represent 83% of all SCR reports and 86% of indicated cases in New York City.
- He stresses the importance of legal representation in ensuring fair hearings and proper application of current laws regarding automatic unfounding of certain dismissed cases.
George Kotis
6:41:10
Good afternoon Chair Stephens, members and staff of the committee.
6:41:13
My name is George Kotis.
6:41:14
I'm Director of Early Defense of the Family Defense Practice at the Bronx Defenders.
6:41:18
The funding we seek today for the Family Advocacy Initiative provides much needed and otherwise unfunded legal representation during OCFS hearings.
6:41:25
Legal representation for parents in these hearings ameliorates one of the most unfair and harmful consequences of an ACS investigation.
6:41:31
At the conclusion of each investigation, it's ACS and only ACS that determines whether the report against a parent should be indicated.
6:41:39
If ACS indicates, the name of the parent is placed on the SCR is a person who has maltreated a child.
6:41:44
This is true regardless of whether the case is ever brought to court and the evidence is ever even reviewed by a judge.
6:41:50
The consequences are enormous and the record remains for years.
6:41:54
Consequences include preventing parents from entire categories of employment and the ability to support their families, all based on unproven accusations.
6:42:01
Listing on the state central registry can bar individuals from becoming custodial parent of their own children.
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They can bar relatives from becoming caregivers to children who need them, causing them to be passed to strangers and often ending up in the foster care system.
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The only way off the SCR is to challenge the listing through an evidentiary hearing.
6:42:17
Representation is critical to the hearing being fair because ACS is always represented by counsel.
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The legal standards, the advocacy, the preparation required for these hearings means any unrepresented parent faces a serious disadvantage against a city agency that always has a lawyer.
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Without this program, parents have no access to counsel and SCR hearings unless they are wealthy and hire their own.
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This is a matter of racial justice.
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It's black and brown New Yorkers who are most disadvantaged by the SCR process.
6:42:42
In New York City, Black and Latinx children represent eighty three percent of all SCR reports and a shocking eighty six percent of all indicated cases.
6:42:49
With the funding through this initiative that we've already received, thanks to the committee, we've been successful in amending and sealing records 93 to ninety seven percent of the time.
6:42:57
This funding allows hundreds of parents to regain the ability of access to employment and restore custody rights for their children.
6:43:03
It is crucial to those parents who, under the law, should automatically have these cases unfounded.
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Current law creates an automatic presumption that certain cases dismissed in family court should be amended and unfounded.
6:43:13
However, parents still need to request these hearings and representation makes sure the law is actually followed as written.
6:43:18
This advocacy is a crucial part of a parent's way to clear their name and it's a lifeline from some of the most impacted and disadvantaged New York Thank you very much.
Althea V. Stevens
6:43:25
Thank you.