Assembly Bill A4362A

                             
                     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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4362--B
 
                        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 -- recommitted to  the  Committee  on  Children  and  Families  in
   accordance  with Assembly Rule 3, sec. 2 -- 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 OR ENTITIES THAT ARE AUTHORIZED  AGEN-
 CIES  OR  ENTITIES  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 OR ENTITY'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 OR ENTITIES THAT BREACH THIS
 DUTY SHALL BE LIABLE TO THE CHILD FOR NEGLIGENCE IN THE PLACEMENT OF THE
 CHILD OR IN THE SUPERVISION OF THE CHILD IN A TEMPORARY HOME OR RESIDEN-
 TIAL FACILITY, PROXIMATELY CAUSING INJURY TO THE CHILD. THE LIABILITY OF
 PUBLIC AGENCIES OR ENTITIES UNDER THIS SECTION  SHALL  BE  IN  THE  SAME
 MANNER  AND  TO THE SAME EXTENT AS PRIVATE ENTITIES, WITHOUT ENTITLEMENT
 TO GOVERNMENTAL IMMUNITY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04293-06-6
 A. 4362--B                          2
              

 
   2. THE NONDELEGABLE SPECIAL DUTY TO A CHILD IN CUSTODY PROVIDED  UNDER
 THIS  SECTION  SHALL  ENCOMPASS LIABILITY TO THE PUBLIC AGENCY OR ENTITY
 FOR THE NEGLIGENT ACTS OR OMISSIONS OF EMPLOYEES OR AGENTS OF A NOT-FOR-
 PROFIT CONTRACT AGENCY OR ENTITY PERFORMING THE PUBLIC AGENCY'S OR ENTI-
 TY'S DUTIES OF PLACEMENT OR SUPERVISION FOR THE CHILD.
   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, and shall apply retroactively to
 claims accruing prior to such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4362--C
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, PAULIN, BURROUGHS, CRUZ, GALLAGHER,
   TAYLOR, RAGA -- read once and referred to the  Committee  on  Children
   and  Families -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee  --  recommitted  to  the
   Committee on Children and Families in accordance with Assembly Rule 3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee
 
 AN ACT to amend the social services law, in relation  to  duty  owed  by
   cities  and  counties  to children in the legal custody of such cities
   and counties
 
   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,  CITIES AND COUNTIES SHALL OWE A NONDELEGABLE SPECIAL
 DUTY TO A CHILD UNDER THE AGE OF EIGHTEEN IN THE  AUTHORIZED  CITY'S  OR
 COUNTY'S LEGAL CUSTODY TO PROVIDE FOR THE CHILD'S SAFETY AND TO EXERCISE
 REASONABLE  CARE IN THE PREVENTION OF REASONABLY FORESEEABLE HARM TO THE
 CHILD. SUCH CITIES AND COUNTIES THAT BREACH THIS DUTY SHALL BE LIABLE TO
 THE CHILD FOR NEGLIGENCE IN THE PLACEMENT OF THE CHILD OR IN THE  SUPER-
 VISION  OF THE CHILD IN A TEMPORARY HOME OR RESIDENTIAL FACILITY, PROXI-
 MATELY CAUSING INJURY TO THE CHILD, AS  ASSERTED  IN  A  SUIT  OR  CLAIM
 DESCRIBED  IN SUBDIVISION FOUR OF THIS SECTION.  THE LIABILITY OF CITIES
 AND COUNTIES UNDER THIS SECTION SHALL BE IN THE SAME MANNER AND  TO  THE
 SAME  EXTENT  AS  PRIVATE  ENTITIES, WITHOUT ENTITLEMENT TO GOVERNMENTAL
 IMMUNITY.
   2. THE NONDELEGABLE SPECIAL DUTY TO A CHILD IN CUSTODY PROVIDED  UNDER
 THIS  SECTION  SHALL  ENCOMPASS  LIABILITY TO THE CITY OR COUNTY FOR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04293-11-6
              

 A. 4362--C                          2
 
 NEGLIGENT ACTS OR OMISSIONS OF EMPLOYEES OR AGENTS OF  A  NOT-FOR-PROFIT
 CONTRACT  AGENCY  OR  ENTITY PERFORMING THE CITY'S OR COUNTY'S DUTIES OF
 PLACEMENT OR SUPERVISION FOR THE CHILD.
   3.  THE  BREACH  OF THIS DUTY MAY BE ASSERTED IN ANY SUIT OR CLAIM FOR
 PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION  SUFFERED  BY  SUCH
 PERSON AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
 SUCH  PERSON  WHO WAS LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED
 IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW  COMMITTED  AGAINST
 SUCH  PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF SUCH
 PERSON IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL
 LAW.   A PERSON BRINGING SUCH SUIT  OR  CLAIM  SHALL  HAVE  A  STATUTORY
 PRIVATE RIGHT OF ACTION FOR THE PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY
 OR CONDITION SUFFERED AND PROXIMATELY CAUSED BY THE BREACH OF DUTY.
   §  2. 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.
   § 3. 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, and shall apply retroactively  to
 claims accruing prior to such effective date.