Washington, D.C. – Empower Oversight has filed a Freedom of Information Law (FOIL) request with the New York State Office of Children and Family Services (OCFS), seeking records related to the oversight and integrity of New York’s Child Care Assistance Program (CCAP), a program that distributed more than $1.1 billion in federal funds in fiscal year 2025.
Empower Oversight’s request comes as reports show that empty New York City preschool facilities have cost taxpayers nearly $100 million in rent and utilities alone, with at least 28 sites meant to serve nearly 3,800 children sitting idle.
In January 2026, the U.S. Department of Health and Human Services (HHS) suspended access to certain federal childcare and family assistance funds for New York and four other states amid concerns about fraud and misuse of taxpayer dollars. HHS Deputy Secretary Jim O’Neill described the situation as “blatant fraud that appears to be rampant” in state-administered childcare programs.
Empower Oversight’s request seeks investigative reports, inspection findings, enforcement records, and communications related to childcare providers suspected of fraud — including any records related to the federal funding freeze and the Administration for Children and Families’ Defend the Spend initiative.
“The federal government has become so big and unwieldy, with little oversight, from either Congress or the executive branch. It’s past time to get to the bottom of how federal dollars are being used in the states. Taxpayers deserve transparency and the knowledge that their taxes are going to those who need it most,” Empower Oversight president Tristan Leavitt said.
This request is part of Empower Oversight’s broader, ongoing investigation into fraud utilizing federal taxpayer funds across multiple states. In January 2026, Empower Oversight filed a similar records request with the Minnesota Department of Children, Youth, and Families targeting that state’s CCAP, which receives approximately $185 million in federal funds annually. Minnesota was among the five states subject to the federal funding freeze and has faced sustained scrutiny over empty childcare facilities and improper payments identified by federal inspectors.
In addition, the organization has pressed for comprehensive records from the California Department of Public Health (CDPH) related to hospice fraud and oversight failures across California. The request for information centered around how CDPH responded, or failed to respond, to known fraud indicators, including suspicious clustering of hospice providers at single addresses, abnormal billing patterns, and unusually high reimbursement rates per patient.
For a copy of the letter, click here.
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