New York S 9778: Relates to liability of cities and counties for negligence in the placement of a child

Bill Text

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S09778 Summary:

BILL NOS09778B

&nbsp

SAME ASSAME AS A04362-C

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SPONSORSEPULVEDA

&nbsp

COSPNSRCOONEY, FERNANDEZ, GOUNARDES, MYRIE, SALAZAR

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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 S09778 Actions:

BILL NOS09778B

&nbsp

04/06/2026REFERRED TO CHILDREN AND FAMILIES

04/09/2026AMEND AND RECOMMIT TO CHILDREN AND FAMILIES

04/09/2026PRINT NUMBER 9778A

05/19/2026AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES

05/19/2026PRINT NUMBER 9778B

Go to topS09778 Committee&nbspVotes:

Go to topS09778 Floor&nbspVotes:

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

Go to topS09778 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9778--B

 IN SENATE

 April 6, 2026
 ___________

 Introduced by Sens. SEPULVEDA, COONEY, FERNANDEZ, GOUNARDES, MYRIE,
 SALAZAR -- 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 -- 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
 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
 18 negligent acts or omissions of employees or agents of a not-for-profit
 19 contract agency or entity performing the city's or county's duties of
 20 placement or supervision for the child.
 21 3. The breach of this duty may be asserted in any suit or claim for
 22 physical, psychological or other injury or condition suffered by such
 23 person as a result of conduct which would constitute a sexual offense as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04293-12-6

 S. 9778--B 2

 1 defined in article one hundred thirty of the penal law committed against
 2 such person who was less than eighteen years of age, incest as defined
 3 in section 255.27, 255.26 or 255.25 of the penal law committed against
 4 such person who was less than eighteen years of age, or the use of such
 5 person in a sexual performance as defined in section 263.05 of the penal
 6 law. A person bringing such suit or claim shall have a statutory
 7 private right of action for the physical, psychological, or other injury
 8 or condition suffered and proximately caused by the breach of duty.
 9 § 2. 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, subdiv