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.
STATE OF NEW YORK
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9778
IN SENATE
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:
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.
20 3. A person who has a physical, psychological, or other injury or
21 condition suffered as a result of acts or omissions which would violate
22 or not be in compliance with any requirement or duty arising under this
23 article or title three of article seven of this chapter, shall have a
24 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
1 § 2. Section 9 of the court of claims act is amended by adding a new
2 subdivision 14 to read as follows:
3 14. To hear and determine a claim against the state for negligence
4 causing injuries to a child in the legal custody of the state, including
5 juvenile detention, mental health placement, or any other manner of
6 custody by the state, caused by any person in the placement or super-
7 vision of the child, or in the supervision of the facility in which the
8 child is placed.
9 § 3. Severability. The provisions of this act shall be severable, and
10 if any clause, sentence, paragraph, subdivision or part of this act
11 shall be adjudged by any court of competent jurisdiction to be invalid,
12 such judgment shall not affect, impair, or invalidate the remainder
13 thereof, but shall be confined in its operation to the clause, sentence,
14 paragraph, subdivision or part thereof directly involved in the contro-
15 versy in which such judgment shall have been rendered.
16 § 4. This act shall take effect immediately and its provisions shall
17 be applicable to civil claims or causes of action filed before, on, or
18 after, the effective date of this act.
