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
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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.
LBD14834-03-4
A. 10144--A 2
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
YEARS OF AGE, OR SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE
PENAL LAW, OR SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A
OF THE PENAL LAW, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS
DEFINED IN SECTION 263.05 OF THE PENAL LAW OR A PREDECESSOR STATUTE THAT
PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, WHICH CONDUCT WAS
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
§ 4. 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,
such judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision or part thereof directly involved in the contro-
versy in which such judgment shall have been rendered.
§ 5. This act shall take effect immediately and its provisions shall
be applicable to civil claims or causes of action filed before, on, or
after, the effective date of this act.