New York A 4362: Relates to liability of cities and counties for negligence in the placement of a child

Bill Text

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A04362 Summary:

BILL NOA04362C

&nbsp

SAME ASSAME AS S09778-B

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SPONSORRosenthal

&nbsp

COSPNSRPaulin, Burroughs, Cruz, Gallagher, Taylor, Raga, Griffin, Simon, Anderson

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MLTSPNSR

&nbsp

Add §419-a, Soc Serv L

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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.

Go to top A04362 Actions:

BILL NOA04362C

&nbsp

02/04/2025referred to children and families

05/15/2025amend (t) and recommit to children and families

05/15/2025print number 4362a

01/07/2026referred to children and families

02/19/2026amend and recommit to children and families

02/19/2026print number 4362b

05/19/2026amend (t) and recommit to children and families

05/19/2026print number 4362c

Go to topA04362 Committee&nbspVotes:

Go to topA04362 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04362 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4362--C

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, PAULIN, BURROUGHS, CRUZ, GALLAGHER,
 TAYLOR, RAGA -- read once and referred to the Committee on Children
 and Families -- committee discharged, bill amended, ordered reprinted
 as amended and recommitted to said committee -- recommitted to the
 Committee on Children and Families in accordance with Assembly Rule 3,
 sec. 2 -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee -- again reported from said
 committee with amendments, ordered reprinted as amended and recommit-
 ted 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:

 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, cities and counties shall owe a nondelegable special
 5 duty to a child under the age of eighteen in the authorized city's or
 6 county's legal custody to provide for the child's safety and to exercise
 7 reasonable care in the prevention of reasonably foreseeable harm to the
 8 child. Such cities and counties that breach this duty shall be liable to
 9 the child for negligence in the placement of the child or in the super-
 10 vision of the child in a temporary home or residential facility, proxi-
 11 mately causing injury to the child, as asserted in a suit or claim
 12 described in subdivision four of this section. The liability of cities
 13 and counties under this section shall be in the same manner and to the
 14 same extent as private entities, without entitlement to governmental
 15 immunity.
 16 2. The nondelegable special duty to a child in custody provided under
 17 this section shall encompass liability to the city or county for the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04293-11-6

 A. 4362--C 2

 1 negligent acts or omissions of employees or agents of a not-for-profit
 2 contract agency or entity performing the city's or county's duties of
 3 placement or supervision for the child.
 4 3. The breach of this duty may be asserted in any suit or claim for
 5 physical, psychological or other injury or condition suffered by such
 6 person as a result of conduct which would constitute a sexual offense as
 7 defined in article one hundred thirty of the penal law committed against
 8 such person who was less than eighteen years of age, incest as defined
 9 in section 255.27, 255.26 or 255.25 of the penal law committed against
 10 such person who was less than eighteen years of age, or the use of such
 11 person in a sexual performance as defined in section 263.05 of the penal
 12 law. A person bringing such suit or claim shall have a statutory
 13 private right of action for the physical, psychological, or other injury
 14 or condition suffered and proximately caused by the breach of duty.
 15 §