Senate Bill S2270A

                             
                     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.