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Senate Bill S9778B

2025-2026 Legislative Session

Relates to liability of cities and counties for negligence in the placement of a child

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Current Bill Status - In Senate Committee Children And Families Committee

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Bill Amendments

co-Sponsors

2025-S9778 - 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
Versions Introduced in 2023-2024 Legislative Session:
S9210, A10144

2025-S9778 - Summary

Relates to the duty owed by cities and counties to children in the legal custody of such cities and counties with respect to the placement of children; provides a statutory private right of action for compensatory damage.

2025-S9778 - Sponsor Memo

2025-S9778 - Bill Text download pdf

                             
                     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.
              

co-Sponsors

2025-S9778A - 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
Versions Introduced in 2023-2024 Legislative Session:
S9210, A10144

2025-S9778A - Summary

Relates to the duty owed by cities and counties to children in the legal custody of such cities and counties with respect to the placement of children; provides a statutory private right of action for compensatory damage.

2025-S9778A - Sponsor Memo

2025-S9778A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9778--A
 
                             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 -- 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 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2025-S9778B (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
Versions Introduced in 2023-2024 Legislative Session:
S9210, A10144

2025-S9778B (ACTIVE) - Summary

Relates to the duty owed by cities and counties to children in the legal custody of such cities and counties with respect to the placement of children; provides a statutory private right of action for compensatory damage.

2025-S9778B (ACTIVE) - Sponsor Memo

2025-S9778B (ACTIVE) - Bill Text download pdf

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

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