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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4362A
SPONSOR: Rosenthal 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 allow for liability of certain agencies for negligence in the place-
ment of a child and to extend jurisdiction in the court of claims.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the social service law.
Section two amends the court of claims act by adding a new subdivision.
Section three provides for severability.
Section four is the effective date.
JUSTIFICATION:
According to data from the Crimes Against Children Research Center, 1 in
5 girls and 1 in 20 boys are victims of sexual assault. A 2003 National
Institute of Justice report found that 3 out of 4 children who have been
sexually assaulted were abused by a person they know well. Child sexual
assault is an epidemic, and the majority of survivors are so traumatized
by their abuse that it takes them decades to disclose their abuse, if
they ever do.
When the Child Victims Act was passed, government entities could be
liable for negligence in foster care under existing case law. There have
since been conflicting court decisions in this area, with some courts
granting government entities immunity for sex abuse claims arising in
foster care. This split in the courts is now creating uncertainty and
delays for wronged New Yorkers. This statutory change will clarify that
public institutions owe a duty to foster children and are liable for
their piece in negligence placement.
LEGISLATIVE HISTORY:
2023-24: A.10144-B - Referred to Children and Families; S.9210-B -
Reported to Judiciary
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
4362--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Children and Families -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
1 Section 1. The social services law is amended by adding a new section
2 419-a to read as follows:
3 § 419-a. Liability. 1. Notwithstanding their performance of govern-
4 mental functions, public agencies that are authorized agencies under
5 this chapter, including without limitation, cities, counties, towns,
6 villages and other municipalities, shall owe a nondelegable special duty
7 to a child under the age of eighteen in the authorized agency's legal
8 custody to provide for the child's safety and to exercise reasonable
9 care in the prevention of foreseeable harm to the child. Such public
10 agencies that breach this duty shall be liable to the child for negli-
11 gence in the placement of the child or in the supervision of the child
12 in a temporary home or residential facility, proximately causing injury
13 to the child. The liability of public agencies under this section shall
14 be in the same manner and to the same extent as private entities, with-
15 out entitlement to governmental immunity.
16 2. The nondelegable special duty to a child in custody provided under
17 this section shall encompass liability for the negligent acts or omis-
18 sions of employees or agents of a not-for-profit contract agency
19 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.
LBD04293-05-5
A. 4362--A 2
1 3. A person who has a physical, psychological, or other injury or
2 condition suffered as a result of acts or omissions which would violate
3 or not be in compliance with any requirement or duty arising under this
4 article or title three of article seven of this chapter, shall have a
5 statutory private right of action for compensatory damages.
6 § 2. Section 9 of the court of claims act is amended by adding a new
7 subdivision 14 to read as follows:
8 14. To hear and determine a claim against the state for negligence
9 causing injuries to a child in the legal custody of the state, including
10 juvenile detention, mental health placement, or any other manner of
11 custody by the state, caused by any person in the placement or super-
12 vision of the child, or in the supervision of the facility in which the
13 child is placed.
14 § 3. Severability. The provisions of this act shall be severable, and
15 if any clause, sentence, paragraph, subdivision or part of this act
16 shall be adjudged by any court of competent jurisdiction to be invalid,
17 such judgment shall not affect, impair, or invalidate the remainder
18 thereof, but shall be confined in its operation to the clause, sentence,
19 paragraph, subdivision or part thereof directly involved in the contro-
20 versy in which such judgment shall have been rendered.
21 § 4. This act shall take effect immediately and its provisions shall
22 be applicable to civil claims or causes of action filed before, on, or
23 after, the effective date of this act.
