Bill Text: NY A10144 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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; exempts such claims for certain filing, service and contents of claim or notice requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-10 - referred to children and families [A10144 Detail]

Download: New_York-2023-A10144-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10144

                   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

        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 and exempting such claims for certain filing, service
          and contents of claim or notice requirements

          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. Notwithstanding their performance of  governmental
     4  functions, public agencies that are authorized agencies under this chap-
     5  ter, including without limitation, cities, counties, towns, villages and
     6  other  municipalities,  shall  be liable for negligence by any person in
     7  the placement of a child in the authorized agency's legal custody, or in
     8  the supervision of a child in foster  care,  a  foster  home  or  foster
     9  parents, in the same manner and to the same extent as private entities.
    10    §  2.  Section 9 of the court of claims act is amended by adding a new
    11  subdivision 14 to read as follows:
    12    14. To hear and determine a claim for injuries to a  child  caused  by
    13  any  person  due  to  negligence  in the placement or supervision of the
    14  child in juvenile detention or other manner of custody by the state.
    15    § 3. Section 11 of the court of claims act is amended by adding a  new
    16  subdivision d to read as follows:
    17    d.  The  requirements of subdivision b of this section shall not apply
    18  to a claim alleging negligent acts or omissions by a  person  for  phys-
    19  ical,  psychological,  or other injury or condition suffered as a result
    20  of conduct which would constitute a sexual offense as defined in article
    21  one hundred thirty of the penal law committed against a child less  than
    22  eighteen  years  of  age, incest as defined in section 255.27, 255.26 or
    23  255.25 of the penal law committed against a  child  less  than  eighteen

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14834-02-4
        A. 10144                            2

     1  years  of  age,  or  sex trafficking as defined in section 230.34 of the
     2  penal law, or sex trafficking of a child as defined in section  230.34-a
     3  of  the  penal  law,  or  the  use of a child in a sexual performance as
     4  defined in section 263.05 of the penal law or a predecessor statute that
     5  prohibited  such  conduct  at  the  time  of  the act, which conduct was
     6  committed against a child less than eighteen years of age.
     7    § 4. Severability. The provisions of this act shall be severable,  and
     8  if  any  clause,  sentence,  paragraph,  subdivision or part of this act
     9  shall be adjudged by any court of competent jurisdiction to be  invalid,
    10  such  judgment  shall  not  affect,  impair, or invalidate the remainder
    11  thereof, but shall be confined in its operation to the clause, sentence,
    12  paragraph, subdivision or part thereof directly involved in the  contro-
    13  versy in which such judgment shall have been rendered.
    14    §  5.  This act shall take effect immediately and its provisions shall
    15  be applicable to civil claims or causes of action filed before,  on,  or
    16  after, the effective date of this act.