Governor Hochul Faces Scrutiny Over Withheld Child Fatality Records

Governor Kathy Hochul is facing increased pressure to sign legislation that would mandate the release of child fatality records involving the Administration for Children’s Services (ACS). This comes in the wake of the death of 5-year-old Fabiana Cabello, who was allegedly killed by her mother, Francis Cabello, in their Queens home last week.

Francis Cabello has been charged with murder after reportedly telling a 911 dispatcher, "I killed my daughter." Information emerging since her arrest suggests a history of mental illness, including a previous stay in a psychiatric facility earlier this year. A neighbor reported noticing a significant change in the mother's behavior, stating she had stopped taking her child to school and was no longer leaving the house. Fabiana's father also indicated that his daughter had stopped taking her prescribed medication.

These circumstances raise questions about whether concerns were reported to ACS by neighbors, family, or school officials. Questions also remain about whether law enforcement notified ACS when responding to the home, and what protocols were in place for the child's care during the mother's hospitalization. The case highlights a broader concern about child welfare, with a joint project documenting child maltreatment fatalities finding that parental mental illness was a factor in 830 documented cases nationwide between 2022 and 2026.

An ACS spokesperson stated that the agency's "top priority is the safety and well-being of New York City children." However, the agency has declined to answer specific questions regarding Fabiana's case, leading to concerns about a lack of transparency. This opacity extends to the Department of Investigation (DOI), which has reportedly been prevented by the state Office of Children’s and Family Services from accessing records in cases with prior ACS involvement. Last year, the DOI was reportedly blocked from investigating 17 out of 18 child fatalities that had previous ACS involvement.

While ACS can legally withhold records if investigations are deemed "unfounded," critics argue this loophole can obscure potential agency incompetence. Understanding the circumstances surrounding these fatalities and any mistakes made by ACS is seen as crucial for improving the child welfare system.

Legislation passed by New York's legislature in June aims to address this by requiring ACS to release all child fatality records where the agency had prior involvement. Governor Hochul has until the end of the year to sign the bill. Advocates are urging her to enact the measure to increase transparency and prevent future tragedies, emphasizing that the public deserves to know the truth about how children like Fabiana fall through the cracks.