NY State Assembly Bill 2025-A4362A

Assembly Bill A4362A

2025-2026 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	print number 4362a
May 15, 2025	amend (t) and recommit to children and families
Feb 04, 2025	referred to children and families

Bill Amendments

Original

A (Active)

2025-A4362 - Details

See Senate Version of this Bill:: S2270
Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act
Versions Introduced in 2023-2024 Legislative Session:: A10144, S9210

2025-A4362 - Summary

Relates to the duty owed by certain agencies to children in the legal custody of the agencies with respect to the placement of children; provides a statutory private right of action for compensatory damage; extends jurisdiction of the court of claims to certain claims for injuries to a child.

2025-A4362 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4362
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Children and Families
 
 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,
 such  judgment  shall  not  affect,  impair, or invalidate the remainder
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04293-01-5

 A. 4362                             2
 
 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.
   §  4.  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.

2025-A4362A (ACTIVE) - Details

See Senate Version of this Bill:: S2270
Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act
Versions Introduced in 2023-2024 Legislative Session:: A10144, S9210

2025-A4362A (ACTIVE) - Summary

2025-A4362A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4362--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Children  and  Families  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the social services law, in relation  to  duty  owed  by
   certain agencies to children in the legal custody of the agencies; and
   to  amend  the court of claims act, in relation to extending jurisdic-
   tion to certain claims for injuries to a child in the legal custody of
   the state
 
   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 OWE A NONDELEGABLE SPECIAL DUTY
 TO  A  CHILD  UNDER THE AGE OF EIGHTEEN IN THE AUTHORIZED AGENCY'S LEGAL
 CUSTODY TO PROVIDE FOR THE CHILD'S SAFETY  AND  TO  EXERCISE  REASONABLE
 CARE  IN  THE  PREVENTION  OF FORESEEABLE HARM TO THE CHILD. SUCH PUBLIC
 AGENCIES THAT BREACH THIS DUTY SHALL BE LIABLE TO THE CHILD  FOR  NEGLI-
 GENCE  IN  THE PLACEMENT OF THE CHILD OR IN THE SUPERVISION OF THE CHILD
 IN A TEMPORARY HOME OR RESIDENTIAL FACILITY, PROXIMATELY CAUSING  INJURY
 TO  THE CHILD. THE LIABILITY OF PUBLIC AGENCIES UNDER THIS SECTION SHALL
 BE IN THE SAME MANNER AND TO THE SAME EXTENT AS PRIVATE ENTITIES,  WITH-
 OUT ENTITLEMENT TO GOVERNMENTAL IMMUNITY.
   2.  THE NONDELEGABLE SPECIAL DUTY TO A CHILD IN CUSTODY PROVIDED UNDER
 THIS SECTION SHALL ENCOMPASS LIABILITY FOR THE NEGLIGENT ACTS  OR  OMIS-
 SIONS  OF  EMPLOYEES  OR  AGENTS  OF  A  NOT-FOR-PROFIT  CONTRACT AGENCY
 PERFORMING THE DUTIES OF PLACEMENT OR SUPERVISION FOR THE CHILD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04293-05-5
 A. 4362--A                          2

 
   3. A PERSON WHO HAS A PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR
 CONDITION  SUFFERED AS A RESULT OF ACTS OR OMISSIONS WHICH WOULD VIOLATE
 OR NOT BE IN COMPLIANCE WITH ANY REQUIREMENT OR DUTY ARISING UNDER  THIS
 ARTICLE  OR  TITLE  THREE OF ARTICLE SEVEN OF THIS CHAPTER, SHALL HAVE A
 STATUTORY PRIVATE RIGHT OF ACTION FOR COMPENSATORY DAMAGES.
   §  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 AGAINST  THE  STATE  FOR  NEGLIGENCE
 CAUSING INJURIES TO A CHILD IN THE LEGAL CUSTODY OF THE STATE, INCLUDING
 JUVENILE  DETENTION,  MENTAL  HEALTH  PLACEMENT,  OR ANY OTHER MANNER OF
 CUSTODY BY THE STATE, CAUSED BY ANY PERSON IN THE  PLACEMENT  OR  SUPER-
 VISION  OF THE CHILD, OR IN THE SUPERVISION OF THE FACILITY IN WHICH THE
 CHILD IS PLACED.
   § 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,
 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.
   §  4.  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.

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