Inadequate housing is not neglect: How the family regulation system punishes parents for a housing crisis out of their control

Abstract

This article examines the role that inadequate housing plays in key stages of a family regulation case. Inadequate housing is broadly defined as any housing related issue that a family regulation agency might consider relevant to a child's safety. With some of the highest housing costs in the country, New York City presents an interesting case study on the impact of inadequate housing on involvement with the family regulation system. Despite providing an explicit defense for parents who cannot afford to provide housing for their children, New York law and policy routinely facilitates the removal of children from their families, the adjudication of parents as neglectful, and even the termination of parental rights, due to inadequate housing. In this way, the family regulation system unfairly punishes parents for housing issues outside of their control and to the detriment of the children the system purports to protect. In order to prevent unnecessary and harmful family separations related to inadequate housing, New York should allocate more funding towards increasing both the supply of affordable housing and the availability of subsidized housing programs. Though limited to budget constraints, the state could finance this by shifting funding away from the family regulation system and towards subsidized housing instead. Additionally, narrowing New York's mandatory reporting and state central registry laws could help limit the negative impact housing issues have on affected families.