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Q&A

Williams questions Clark on missing information and Raise the Age

New York City Council · Oct 27, 2026 · starts 0:33:19 · 4 min 6 sec

Public Advocate Williams says he was surprised Clark is not getting information and asks whether this stems from recent laws. Clark says laws restrict access to school, family, and mental health information, and Ginger James explains Family Court Act and Social Services Law barriers predate Raise the Age.

Jumaane Williams

Thank you.

Jumaane Williams

And thank you, Madam DA.

Jumaane Williams

I've heard you speak about wanting to prevent kids to come in in the first place as well, so I appreciate the work they're doing.

Jumaane Williams

Just a couple questions.

Jumaane Williams

I was surprised to hear you're not getting info.

Jumaane Williams

So is the info that you've asked for before from the, I guess, from ACS or who's?

Jumaane Williams

It sounded like you said you weren't getting info that you needed.

Darcel D. Clark

Well, you mean, I mean, well, as far as the numbers of who's detained, yes, we haven't been able to get that.

Darcel D. Clark

But there are other things because the law restricts us from knowing certain information that would be helpful to me in order to determine what should we do with a particular child.

Darcel D. Clark

It's not a one-size-fits-all.

Darcel D. Clark

I need to know what this kid's school life was like, if there is even one.

Jumaane Williams

Is this from recently passed laws?

Darcel D. Clark

No, this is raise the age.

Darcel D. Clark

Well, raise the age, and even before that, I mean, the laws for youth are very specific, and rightfully so, because we have to have confidentiality about our kids.

Darcel D. Clark

But once we talk about developing a raise the age, and you really need me to look at how to, you know, handle them, and whether or not they go to family.

Darcel D. Clark

Court or they stay in the Supreme Court.

Darcel D. Clark

This information I need to know in order to determine what's the best thing for this child.

Jumaane Williams

So there's information before, there's information you think you needed before raised age.

Jumaane Williams

And raise the age added on to that?

Jumaane Williams

Or was this always the case?

Jumaane Williams

It's information you thought you needed that you weren't getting.

Darcel D. Clark

Well, I think it's more so now because more things go to family court.

Darcel D. Clark

There's a presumption to family court now.

Darcel D. Clark

So before those kids were before me, 16 years old, they were adults, and I had to deal with them.

Darcel D. Clark

So I had to deal with it.

Darcel D. Clark

But now...

Jumaane Williams

What information is it you're saying you're not getting?

Darcel D. Clark

Their school, you know, the school, you know, what school they go to, the family makeup, their mental health, all kinds of things that we can get from defense attorneys, from outside agencies.

Darcel D. Clark

We're not allowed to know that, and that's fine.

Darcel D. Clark

But if you want me to help a kid, you need to give me the information.

Darcel D. Clark

I'm not going to use it.

Darcel D. Clark

I think the fear is that prosecutors are going to use this information to punish the kids.

Darcel D. Clark

And that's exactly the opposite of what I'm trying to do.

Jumaane Williams

But just so I'm clear, the raise the Asian change information you're getting, you're saying just more people are not coming to you, so you can't get that information now.

Darcel D. Clark

Go ahead.

Ginger James

Good afternoon, everyone.

Jumaane Williams

Good afternoon.

Ginger James

What I would say is a little bit different.

Ginger James

First, you know, we have provisions in the Family Court Act that prevent the family court, the law department, from sharing certain information with us.

Jumaane Williams

That's not raise the age.

Ginger James

That's pre-raise the age.

Ginger James

Same thing with social services law, for instance, right?

Ginger James

So ACS, certain records they can't turn over because of social services law.

Ginger James

I think the issue is if you want a society where we protect children and we look at what is driving the behavior and how do we address it and how do we set them up for even if they do have to be in detention, how do we set them up for the future?

Ginger James

You need to know what the needs are so you can match the needs to the proper services.

Ginger James

And if you don't know what the needs are and we operate in silos, we're not going to make any progress in getting to this generation to stop shooting each other and killing each other, right?

Ginger James

I understand.

Ginger James

As to raise the age, I'm sorry, I do want to answer your question, so I apologize.

Ginger James

But as to raise the age itself, what happens is a lot of stuff with the case law that comes out.

Ginger James

So when we have to respond to certain motions, we do need a sense of, is this youth amenable to services?

Ginger James

Has the youth received services before?

Ginger James

What was the outcome?

Ginger James

There's a lot of information that could be gleaned that would help us make the determination whether we should send the case to family court for rehabilitative services or whether the case is best stayed with us but still potentially getting rehabilitative services.

Jumaane Williams

The way it came across was like it was a new problem.

Jumaane Williams

So I was trying to figure out what the new problem was.

Ginger James

It's an age-old problem, but it's also, it's becoming a newer problem as we deal with raise the age and how it's shaped up through the case law over the last nine years since its inception.