S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9210--A
 
                             I N  S E N A T E
 
                                May 6, 2024
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  COONEY  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Children
   and Families -- reported favorably from said committee  and  committed
   to  the  Committee on Judiciary -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14834-04-4
              
             
                          
                 S. 9210--A                          2
 
   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
 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.