Extends liability of certain agencies for negligence in the placement of a child in the authorized agency's custody, or in the supervision of a foster home or foster parents; extends jurisdiction of the court of claims to certain claims for injuries to a child.
STATE OF NEW YORK
________________________________________________________________________
10144--B
IN ASSEMBLY
May 10, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen-
thal) -- read once and referred to the Committee on Children and Fami-
lies -- 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 liability of
certain agencies for negligence in the placement of a child or super-
vision of a child in foster care; and to amend the court of claims
act, in relation to extending jurisdiction to certain claims for inju-
ries to a child
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 be liable for negligence by any
7 person in the placement of a child in the authorized agency's legal
8 custody, or in the supervision of a child in foster care, a foster home
9 or foster parents, in the same manner and to the same extent as private
10 entities.
11 2. This section shall apply to civil claims brought pursuant to
12 section two hundred fourteen-g of the civil practice law and rules that
13 were revived pursuant to the terms of such section.
14 § 2. Section 9 of the court of claims act is amended by adding a new
15 subdivision 14 to read as follows:
16 14. To hear and determine a claim for injuries to a child caused by
17 any person due to negligence in the placement or supervision of the
18 child in juvenile detention or other manner of custody by the state.
19 § 3. Severability. The provisions of this act shall be severable, and
20 if any clause, sentence, paragraph, subdivision or part of this act
21 shall be adjudged by any court of competent jurisdiction to be invalid,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14834-05-4
A. 10144--B 2
1 such judgment shall not affect, impair, or invalidate the remainder
2 thereof, but shall be confined in its operation to the clause, sentence,
3 paragraph, subdivision or part thereof directly involved in the contro-
4 versy in which such judgment shall have been rendered.
5 § 4. This act shall take effect immediately and its provisions shall
6 be applicable to civil claims or causes of action filed before, on, or
7 after, the effective date of this act.
