Bill Text: NY A10144 | 2023-2024 | General Assembly | Amended
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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-04 - print number 10144b [A10144 Detail]
Download: New_York-2023-A10144-Amended.html
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. LBD14834-05-4A. 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.
