The Fight for Family Miranda: Protecting Families’ Rights in Child Protective Investigations

This year, the State Legislature failed to pass bills introduced in the State Assembly and Senate that would have required child protective services workers to inform families of their rights at the start of an investigation – an idea modeled on the “Miranda rights” warning long required in criminal cases. The proposed legislation would not create new rights; it would simply ensure that families are aware of their rights under New York State law and the federal Constitution.

Child welfare investigations disproportionately target Black, Latinx, and low-income families, and when child protective services come knocking families don’t know that they have the right to refuse entry and consult an attorney.  Join a panel of experts to unpack why Miranda failed in New York this year, the importance of due process for families, and what implementing Miranda might look like. We’ll also learn about a similar Miranda law just approved in Texas.

Speakers include:

• New York State Assemblywoman Latrice Walker, Miranda rights bill sponsor
• Joyce McMillan, Executive Director JMAC for Families
• Andrew Brown, Associate Vice President, Texas Public Policy Foundation
• Josh Gupta-Kagan, Clinical Professor of Law at Columbia Law School