Senate Bill S9778

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9778
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced by Sens. SEPULVEDA, 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  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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04293-07-6
 S. 9778                             2
 
   § 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.