S T A T E O F N E W Y O R K
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9778--A
I N S E N A T E
April 6, 2026
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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.
LBD04293-08-6
S. 9778--A 2
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.