FOR IMMEDIATE RELEASE
Saratoga County District Attorney Brett Eby Tells Albany: Don’t Leave Session Without Protecting Kids
Saratoga County, NY — Saratoga County District Attorney Brett Eby is calling on the New York State Legislature to pass a felony-level Endangering the Welfare of a Child statute to better protect children in chronic child abuse and severe neglect cases.
Under current New York law, Endangering the Welfare of a Child, a Class A Misdemeanor, is sometimes the only applicable charge for horrific child abuse cases unless a child has already suffered a serious physical injury or death. District Attorney Eby says this creates a dangerous prosecutorial gap in cases where children are repeatedly exposed to severe abuse, neglect, violence, drugs, or other life-threatening conditions but have not yet suffered catastrophic harm.
“New York law should allow law enforcement to intervene before a child suffers irreversible injury or death,” said District Attorney Brett Eby. “Right now, there is often no meaningful middle ground between a misdemeanor charge and waiting until a child has suffered serious physical injury or worse. That gap puts vulnerable children at risk.”
District Attorney Eby is urging lawmakers to create an aggravated felony endangering the welfare of a child offense that would apply in cases involving repeated abuse, chronic neglect, prolonged exposure to dangerous conditions, or conduct creating a substantial risk of serious harm to a child.
The proposed change would:
• Better protect children in chronic abuse and neglect situations;
• Close prosecutorial gaps where severe danger exists but catastrophic injury has not yet occurred;
• Allow earlier intervention in high-risk cases;
• Provide stronger accountability for repeat and serious child abusers; and
• Ensure stricter sentencing options for individuals who place children in extreme danger.
“Children should not have to suffer permanent injuries before the law recognizes the seriousness of the danger they are facing,” Eby said. “We need laws that allow law enforcement and prosecutors to act decisively to protect children before tragedy strikes.”
District Attorney Eby called on state lawmakers to work with prosecutors, law enforcement, child advocates, and community leaders to modernize New York’s child protection laws and strengthen safeguards for vulnerable children across the state.