The sickening revelation that seven kids died under the not-so-watchful eye of the city’s Administration of Children Services in the past is a “wake-up call,” shocked pols railed.
New York leaders and lawmakers responded to a Post exposé Monday about the long-troubled agency’s failures by calling for greater oversight, reforms and resources.
Their outraged ranks included former Gov. David Paterson, who in 2009 signed “Nixzmary’s Law” — a child protection bill named after 7-year-old Nixzmary Brown, whose horrific death prompted a wave of scrutiny over ACS’ failures.
“I thought Nixzmary’s Law would go a long way to protect children — as it turns out it didn’t go far enough,” Paterson said.
“More needs to be done than what we accomplished back then.”
The Post investigation found at least seven children died while under ACS supervision since the start of 2024 — including 4-year-old Jahmeik Modlin, who was just 19 pounds when he died — and dozens more suffered horrifying abuse.
ACS’ budget was roughly $2.7 billion this year, although the agency has struggled to keep staffers on the payroll — with 30% of workers having no more than a year on the difficult job.
“The Post’s reporting is heartbreaking—and a wake-up call,” said mayoral hopeful and state Sen. Jessica Ramos (D-Queens). “City agencies must act with urgency and coordinate across schools, shelters, hospitals, and law enforcement.
“We can’t keep asking why a child slipped through the cracks. There must be independent oversight with real power to seal those cracks for good.”
Nixzmary’s Law changed the maximum sentence for people convicted of torturing a child — as the legislation’s namesake was, in addition to unspeakable physical and sexual abuse — to life in prison.
But Paterson urged Albany lawmakers to revisit the law, saying ACS “should have more discretion to remove the child” from parents, if there’s evidence that a child is endangered.
One bill currently under consideration would require ACS caseworkers to take photos during visits so that clearly malnourished or mistreated kids can be caught by supervisors.
“You can’t really fake and you can’t really sugarcoat a photo of a child being malnourished that weighs 19 pounds,” said Assemblyman Brian Maher (R-Orange), who sits on the body’s Children and Families Committee.
“When we’re talking about children dying, we have to do things immediately. There are things we can do immediately, the [bill sponsored by Staten Island Republican Michael Tannousis] is one of them, and we have to think holistically about a sustainable solution to the problem.”
Maher said he’ll soon introduce a bill that would increase benefits under the public service student loan forgiveness program for ACS staff, allowing caseworkers who stick around for more than three years to get half of their student loan payments covered by the state.
He also said he’d like to see more pay for entry-level positions.
“In order to solve the problem, you need more bodies, you have to have it be more of an appealing job,” he said.
One City Council member, who asked to be anonymous, lambasted their colleagues for not overhauling or reforming ACS.
“It’s shameful that Speaker Adrienne Adams and the City Council have refused to hold any meaningful oversight over ACS when children are literally dying under our watch,” the member said.
A City Council spokesperson called the tragic deaths “a failure” that should compel change.
An oversight hearing by a council committee was already held in December on the same topic, according to the spokesperson, to better understand what steps ASC is taking to prevent such tragedies and minimize risks to children.
“The Council will continue to explore solutions and hold the administration responsible for ensuring ACS has the necessary accountability systems, infrastructure, and resources to succeed at the difficult work required of its staff to protect children every day,” the spokesperson added.
Deputy mayor for health and human services Suzanne Miles-Gustave contended Eric Adams’ administration made improvements to make sure child protection teams have training, support and resources to identify kids at risk and keep them safe.
“We are actively assessing ACS’s tools to ensure the agency can carry out its vital work with the highest standards of care, accountability, and effectiveness,” she said in a statement. “As part of that effort, we recently convened the new Multidisciplinary Review Panel to bring external experts into the process and help identify systemic solutions that will strengthen ACS’s ability to protect children.”
ACS Commissioner Jess Dannhauser called the loss of any child is an “unimaginable tragedy,” as he touted statistics showing kids’ deaths are falling.
“As a result of this work and more, fatalities of children in families known to ACS within the last decade have declined 18 percent this administration compared to the previous 10 years,” he said.
A spokesperson for Gov. Kathy Hochul said she proposed a $9.2 million increase in funding for state Child Advocacy Centers.
“Governor Hochul is committed to protecting the safety and wellbeing of all New Yorkers — especially our children,” the spokesperson said. “The Governor is committed to continuously improving prevention practices to help put a stop to these heartbreaking tragedies, which is why in this year’s budget she is funding Family Opportunity Centers and Family Resource Centers.”
Suzanne Miles-Gustave, the deputy mayor for Health and Human Services, said the agency is “actively assessing ACS’s tools to ensure the agency can carry out its vital work with the highest standards of care, accountability, and effectiveness.
“As part of that effort, we recently convened the new Multidisciplinary Review Panel to bring external experts into the process and help identify systemic solutions that will strengthen ACS’s ability to protect children,” she added.
Additional reporting Hannah Fierick
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