NY State Senate Bill 2025-S2270A

Senate Bill S2270A

2025-2026 Legislative Session

Relates to the duty owed by certain agencies to children in the legal custody of the agencies; extends jurisdiction of the court of claims

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Current Bill Status - In Senate Committee Children And Families 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 2270a
May 15, 2025	amend (t) and recommit to children and families
Jan 16, 2025	referred to children and families

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S2270 - Details

See Assembly Version of this Bill:: A4362
Current Committee:: Senate 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:: S9210, A10144

2025-S2270 - 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-S2270 - Sponsor Memo

                                 
BILL NUMBER: S2270

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 injuries to
a child

 
PURPOSE:

This bill defines circumstances in which it may be appropriate to
collect child support payments pursuant to approved foster care mainte-
nance payment applications.

 
SUMMARY OF PROVISIONS:

Section 1 - amends the Family Court Act to limit liability for child
support payments pursuant to an approved application for foster care
maintenance to cases of aggravated circumstances.

Section 2 - Provides that the Office of Family and Children Services
shall promulgate any necessary rules and regulations.

Section 3 - Effective Date.

 
JUSTIFICATION:

Poverty is a known risk factor for involvement with the child welfare
system. Currently, a referral for child support collection can be made
upon a large number of approved applications for foster care mainte-
nance. Securing an assignment of the rights to child support is general-
ly deemed not to be cost effective as analyses have shown that very low
levels of collections are obtained. Additional research shows that
collecting child support payments can significantly delay family
reunification efforts. Recently, the Children's Bureau released revised
policy for title IV-E agencies to allow the default position of not
securing an assignment of rights to child support.

 
LEGISLATIVE HISTORY:

2023-2024: S.9210-B (Hoylman-Sigal) / A10144-B (Rosenthal)Died in
Committee

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2270 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2270
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  COONEY  -- read twice and ordered
   printed, and when printed to be committed 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04293-01-5

 S. 2270                             2
 
 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.

co-Sponsors

2025-S2270A (ACTIVE) - Details

See Assembly Version of this Bill:: A4362
Current Committee:: Senate 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:: S9210, A10144

2025-S2270A (ACTIVE) - Summary

2025-S2270A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2270A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 jurisdiction
to certain claims for injuries to a child in the legal custody of the
state

 
PURPOSE:

To clarify the law on special relationship and duty as it applies in
foster care, and codify existing Court of Appeals and Appellate Division
precedents establishing that municipalities in New York owe a nondelega-
ble duty of care to children in governmental custody who are placed in
foster homes, and are liable for injuries to such children caused by
negligence in foster care placement or supervision, whether by the muni-
cipalities themselves or their contracting agencies: and to amend the
court of Claims Act, in relation to extending jurisdiction to certain
claims for injuries to children in the State's custody.

 
SUMMARY OF PROVISIONS:

Section 1 - Amends the Family Court Act to clarify the duty owed to
minors in in governmental custody who are placed in foster homes.

Section 2 - Extends jurisdiction of the Court of Claims to certain
claims for injuries to children in the State's custody, including chil-
dren in juvenile detention and mental health placements.

Section 3 - Effective Date.

 
JUSTIFICATION:

There has been misapprehension and confusion regarding the nature and
extent of the duty owed by public entities to children in their custody,
including, without limitation, children in foster care, juvenile
detention, PINS placements, and inpatient mental healthcare facilities.
The Court of Appeals in Weisbrod-Moore v. Cayuga County, 2025 N.Y. Slip
Op. 00903 (decided Feb. 18, 2025), recently held that municipalities owe
a duty of care to the children the municipalities place in foster care
because they have custody of those children. The Bill codifies this duty
owed by municipalities, the State, and other public entities to children
in their custody, and clarifies that this duty is nondelegable, such
that public entities in custody of children will be liable for negligent
acts and omissions proximately causing injuries to those children,
whether supervision or residential services were provided by the public
entity itself or a contracted agency.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS:



To be determined. Implications are minimal because the Bill does not
change the law but provides a codification and clarification of existing
law.

 
EFFECTIVE DATE:
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.

2025-S2270A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2270--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  COONEY  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Children
   and Families -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 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.
                                                            LBD04293-04-5
 S. 2270--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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Senate Bill S2270A

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

Jeremy Cooney

2025-S2270 - Details

2025-S2270 - Summary

2025-S2270 - Sponsor Memo

2025-S2270 - Bill Text download pdf

co-Sponsors

Jeremy Cooney

2025-S2270A (ACTIVE) - Details

2025-S2270A (ACTIVE) - Summary

2025-S2270A (ACTIVE) - Sponsor Memo

2025-S2270A (ACTIVE) - Bill Text download pdf

Comments