Assembly Bill A10144B

2023-2024 Legislative Session

Relates to liability of certain agencies for negligence in the placement of a child; extend jurisdiction of the court of claims

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A10144 - Details

See Senate Version of this Bill:
S9210
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-A10144 - Summary

Extends liability of certain agencies for negligence in the placement of a child in the authorized agency's custody, or in the supervision of a foster home or foster parents; extends jurisdiction of the court of claims to certain claims for injuries to a child.

2023-A10144 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10144
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Children and Fami-
   lies
 
 AN ACT to amend the social services law, in  relation  to  liability  of
   certain  agencies for negligence in the placement of a child or super-
   vision of a child in foster care; and to amend  the  court  of  claims
   act, in relation to extending jurisdiction to certain claims for inju-
   ries  to a child and exempting such claims for certain filing, service
   and contents of claim or notice requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 419-a to read as follows:
   § 419-A. LIABILITY. NOTWITHSTANDING THEIR PERFORMANCE OF  GOVERNMENTAL
 FUNCTIONS, PUBLIC AGENCIES THAT ARE AUTHORIZED AGENCIES UNDER THIS CHAP-
 TER, INCLUDING WITHOUT LIMITATION, CITIES, COUNTIES, TOWNS, VILLAGES AND
 OTHER  MUNICIPALITIES,  SHALL  BE LIABLE FOR NEGLIGENCE BY ANY PERSON IN
 THE PLACEMENT OF A CHILD IN THE AUTHORIZED AGENCY'S LEGAL CUSTODY, OR IN
 THE SUPERVISION OF A CHILD IN FOSTER  CARE,  A  FOSTER  HOME  OR  FOSTER
 PARENTS, IN THE SAME MANNER AND TO THE SAME EXTENT AS PRIVATE ENTITIES.
   §  2.  Section 9 of the court of claims act is amended by adding a new
 subdivision 14 to read as follows:
   14. TO HEAR AND DETERMINE A CLAIM FOR INJURIES TO A  CHILD  CAUSED  BY
 ANY  PERSON  DUE  TO  NEGLIGENCE  IN THE PLACEMENT OR SUPERVISION OF THE
 CHILD IN JUVENILE DETENTION OR OTHER MANNER OF CUSTODY BY THE STATE.
   § 3. Section 11 of the court of claims act is amended by adding a  new
 subdivision d to read as follows:
   D.  THE  REQUIREMENTS OF SUBDIVISION B OF THIS SECTION SHALL NOT APPLY
 TO A CLAIM ALLEGING NEGLIGENT ACTS OR OMISSIONS BY A  PERSON  FOR  PHYS-
 ICAL,  PSYCHOLOGICAL,  OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT
 OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
 ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN
 EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
 255.25 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2023-A10144A - Details

See Senate Version of this Bill:
S9210
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-A10144A - Summary

Extends liability of certain agencies for negligence in the placement of a child in the authorized agency's custody, or in the supervision of a foster home or foster parents; extends jurisdiction of the court of claims to certain claims for injuries to a child.

2023-A10144A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10144--A
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Children and Fami-
   lies -- committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the social services law, in relation to liability of
   certain agencies for negligence in the placement of a child or  super-
   vision  of  a  child  in foster care; and to amend the court of claims
   act, in relation to extending jurisdiction to certain claims for inju-
   ries to a child and exempting such claims for certain filing,  service
   and contents of claim or notice requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 419-a to read as follows:
   §  419-A.  LIABILITY.  1. NOTWITHSTANDING THEIR PERFORMANCE OF GOVERN-
 MENTAL FUNCTIONS, PUBLIC AGENCIES THAT  ARE  AUTHORIZED  AGENCIES  UNDER
 THIS  CHAPTER,  INCLUDING  WITHOUT  LIMITATION, CITIES, COUNTIES, TOWNS,
 VILLAGES AND OTHER MUNICIPALITIES, SHALL BE LIABLE FOR NEGLIGENCE BY ANY
 PERSON IN THE PLACEMENT OF A CHILD  IN  THE  AUTHORIZED  AGENCY'S  LEGAL
 CUSTODY,  OR IN THE SUPERVISION OF A CHILD IN FOSTER CARE, A FOSTER HOME
 OR FOSTER PARENTS, IN THE SAME MANNER AND TO THE SAME EXTENT AS  PRIVATE
 ENTITIES.
   2.  THIS  SECTION  SHALL  APPLY  TO  CIVIL  CLAIMS BROUGHT PURSUANT TO
 SECTION TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES  THAT
 WERE REVIVED PURSUANT TO THE TERMS OF SUCH SECTION.
   §  2.  Section 9 of the court of claims act is amended by adding a new
 subdivision 14 to read as follows:
   14. TO HEAR AND DETERMINE A CLAIM FOR INJURIES TO A  CHILD  CAUSED  BY
 ANY  PERSON  DUE  TO  NEGLIGENCE  IN THE PLACEMENT OR SUPERVISION OF THE
 CHILD IN JUVENILE DETENTION OR OTHER MANNER OF CUSTODY BY THE STATE.
   § 3. Section 11 of the court of claims act is amended by adding a  new
 subdivision d to read as follows:
   D.  THE  REQUIREMENTS OF SUBDIVISION B OF THIS SECTION SHALL NOT APPLY
 TO A CLAIM ALLEGING NEGLIGENT ACTS OR OMISSIONS BY A  PERSON  FOR  PHYS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2023-A10144B (ACTIVE) - Details

See Senate Version of this Bill:
S9210
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-A10144B (ACTIVE) - Summary

Extends liability of certain agencies for negligence in the placement of a child in the authorized agency's custody, or in the supervision of a foster home or foster parents; extends jurisdiction of the court of claims to certain claims for injuries to a child.

2023-A10144B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10144--B
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Children and Fami-
   lies -- committee  discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee

 AN  ACT  to  amend  the social services law, in relation to liability of
   certain agencies for negligence in the placement of a child or  super-
   vision  of  a  child  in foster care; and to amend the court of claims
   act, in relation to extending jurisdiction to certain claims for inju-
   ries to a child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 419-a to read as follows:
   § 419-A. LIABILITY. 1. NOTWITHSTANDING THEIR  PERFORMANCE  OF  GOVERN-
 MENTAL  FUNCTIONS,  PUBLIC  AGENCIES  THAT ARE AUTHORIZED AGENCIES UNDER
 THIS CHAPTER, INCLUDING WITHOUT  LIMITATION,  CITIES,  COUNTIES,  TOWNS,
 VILLAGES AND OTHER MUNICIPALITIES, SHALL BE LIABLE FOR NEGLIGENCE BY ANY
 PERSON  IN  THE  PLACEMENT  OF  A CHILD IN THE AUTHORIZED AGENCY'S LEGAL
 CUSTODY, OR IN THE SUPERVISION OF A CHILD IN FOSTER CARE, A FOSTER  HOME
 OR  FOSTER PARENTS, IN THE SAME MANNER AND TO THE SAME EXTENT AS PRIVATE
 ENTITIES.
   2. THIS SECTION SHALL  APPLY  TO  CIVIL  CLAIMS  BROUGHT  PURSUANT  TO
 SECTION  TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES THAT
 WERE REVIVED PURSUANT TO THE TERMS OF SUCH SECTION.
   § 2. Section 9 of the court of claims act is amended by adding  a  new
 subdivision 14 to read as follows:
   14.  TO  HEAR  AND DETERMINE A CLAIM FOR INJURIES TO A CHILD CAUSED BY
 ANY PERSON DUE TO NEGLIGENCE IN THE  PLACEMENT  OR  SUPERVISION  OF  THE
 CHILD IN JUVENILE DETENTION OR OTHER MANNER OF CUSTODY BY THE STATE.
   §  3. Severability. The provisions of this act shall be severable, and
 if any clause, sentence, paragraph, subdivision  or  part  of  this  act
 shall  be adjudged by any court of competent jurisdiction to be invalid,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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