NY State Assembly Bill 2023-A10144

Assembly Bill A10144

2023-2024 Legislative Session

Relates to liability of certain agencies for negligence in the placement of a child; extend jurisdiction of the court of claims

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	print number 10144b
Jun 04, 2024	amend (t) and recommit to children and families
May 31, 2024	print number 10144a
May 31, 2024	amend and recommit to children and families
May 10, 2024	referred to children and families

Bill Amendments

Original

B (Active)

2023-A10144 - Details

Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-A10144 - Summary

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.

2023-A10144 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10144
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1. The social services law is amended by adding a new section
 419-a to read as follows:
   § 419-A. LIABILITY. NOTWITHSTANDING THEIR PERFORMANCE OF  GOVERNMENTAL
 FUNCTIONS, PUBLIC AGENCIES THAT ARE AUTHORIZED AGENCIES UNDER THIS CHAP-
 TER, INCLUDING WITHOUT LIMITATION, CITIES, COUNTIES, TOWNS, VILLAGES AND
 OTHER  MUNICIPALITIES,  SHALL  BE LIABLE FOR NEGLIGENCE BY ANY PERSON IN
 THE PLACEMENT OF A CHILD IN THE AUTHORIZED AGENCY'S LEGAL CUSTODY, OR IN
 THE SUPERVISION OF A CHILD IN FOSTER  CARE,  A  FOSTER  HOME  OR  FOSTER
 PARENTS, IN THE SAME MANNER AND TO THE SAME EXTENT AS PRIVATE ENTITIES.
   §  2.  Section 9 of the court of claims act is amended by adding a new
 subdivision 14 to read as follows:
   14. TO HEAR AND DETERMINE A CLAIM FOR INJURIES TO A  CHILD  CAUSED  BY
 ANY  PERSON  DUE  TO  NEGLIGENCE  IN THE PLACEMENT OR SUPERVISION OF THE
 CHILD IN JUVENILE DETENTION OR OTHER MANNER OF CUSTODY BY THE STATE.
   § 3. Section 11 of the court of claims act is amended by adding a  new
 subdivision d to read as follows:
   D.  THE  REQUIREMENTS OF SUBDIVISION B OF THIS SECTION SHALL NOT APPLY
 TO A CLAIM ALLEGING NEGLIGENT ACTS OR OMISSIONS BY A  PERSON  FOR  PHYS-
 ICAL,  PSYCHOLOGICAL,  OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT
 OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
 ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN
 EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
 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
 
 YEARS  OF  AGE,  OR  SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE
 PENAL LAW, OR SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION  230.34-A
 OF  THE  PENAL  LAW,  OR  THE  USE OF A CHILD IN A SEXUAL PERFORMANCE AS
 DEFINED IN SECTION 263.05 OF THE PENAL LAW OR A PREDECESSOR STATUTE THAT
 PROHIBITED  SUCH  CONDUCT  AT  THE  TIME  OF  THE ACT, WHICH CONDUCT WAS
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   § 4. Severability. The provisions of this act shall be severable,  and
 if  any  clause,  sentence,  paragraph,  subdivision or part of this act
 shall be adjudged by any court of competent jurisdiction to be  invalid,
 such  judgment  shall  not  affect,  impair, or invalidate the remainder
 thereof, but shall be confined in its operation to the clause, sentence,
 paragraph, subdivision or part thereof directly involved in the  contro-
 versy in which such judgment shall have been rendered.
   §  5.  This act shall take effect immediately and its provisions shall
 be applicable to civil claims or causes of action filed before,  on,  or
 after, the effective date of this act.

2023-A10144A - Details

Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-A10144A - Summary

2023-A10144A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10144--A
 
                           I N  A S S E M B L Y
 
                               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
 
 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:
 
   Section 1. The social services law is amended by adding a new  section
 419-a to read as follows:
   §  419-A.  LIABILITY.  1. NOTWITHSTANDING THEIR PERFORMANCE OF GOVERN-
 MENTAL FUNCTIONS, PUBLIC AGENCIES THAT  ARE  AUTHORIZED  AGENCIES  UNDER
 THIS  CHAPTER,  INCLUDING  WITHOUT  LIMITATION, CITIES, COUNTIES, TOWNS,
 VILLAGES AND OTHER MUNICIPALITIES, SHALL BE LIABLE FOR NEGLIGENCE BY ANY
 PERSON IN THE PLACEMENT OF A CHILD  IN  THE  AUTHORIZED  AGENCY'S  LEGAL
 CUSTODY,  OR IN THE SUPERVISION OF A CHILD IN FOSTER CARE, A FOSTER HOME
 OR FOSTER PARENTS, IN THE SAME MANNER AND TO THE SAME EXTENT AS  PRIVATE
 ENTITIES.
   2.  THIS  SECTION  SHALL  APPLY  TO  CIVIL  CLAIMS BROUGHT PURSUANT TO
 SECTION TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES  THAT
 WERE REVIVED PURSUANT TO THE TERMS OF SUCH SECTION.
   §  2.  Section 9 of the court of claims act is amended by adding a new
 subdivision 14 to read as follows:
   14. TO HEAR AND DETERMINE A CLAIM FOR INJURIES TO A  CHILD  CAUSED  BY
 ANY  PERSON  DUE  TO  NEGLIGENCE  IN THE PLACEMENT OR SUPERVISION OF THE
 CHILD IN JUVENILE DETENTION OR OTHER MANNER OF CUSTODY BY THE STATE.
   § 3. Section 11 of the court of claims act is amended by adding a  new
 subdivision d to read as follows:
   D.  THE  REQUIREMENTS OF SUBDIVISION B OF THIS SECTION SHALL NOT APPLY
 TO A CLAIM ALLEGING NEGLIGENT ACTS OR OMISSIONS BY A  PERSON  FOR  PHYS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14834-03-4
 A. 10144--A                         2
 
 ICAL,  PSYCHOLOGICAL,  OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT
 OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
 ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN
 EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
 255.25 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 YEARS  OF  AGE,  OR  SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE
 PENAL LAW, OR SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION  230.34-A
 OF  THE  PENAL  LAW,  OR  THE  USE OF A CHILD IN A SEXUAL PERFORMANCE AS
 DEFINED IN SECTION 263.05 OF THE PENAL LAW OR A PREDECESSOR STATUTE THAT
 PROHIBITED SUCH CONDUCT AT THE  TIME  OF  THE  ACT,  WHICH  CONDUCT  WAS
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   §  4. Severability. The provisions of this act shall be severable, and
 if any clause, sentence, paragraph, subdivision  or  part  of  this  act
 shall  be adjudged by any court of competent jurisdiction to be invalid,
 such judgment shall not affect,  impair,  or  invalidate  the  remainder
 thereof, but shall be confined in its operation to the clause, sentence,
 paragraph,  subdivision or part thereof directly involved in the contro-
 versy in which such judgment shall have been rendered.
   § 5. This act shall take effect immediately and its  provisions  shall
 be  applicable  to civil claims or causes of action filed before, on, or
 after, the effective date of this act.

2023-A10144B (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-A10144B (ACTIVE) - Summary

2023-A10144B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10144--B
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1. The social services law is amended by adding a new section
 419-a to read as follows:
   § 419-A. LIABILITY. 1. NOTWITHSTANDING THEIR  PERFORMANCE  OF  GOVERN-
 MENTAL  FUNCTIONS,  PUBLIC  AGENCIES  THAT ARE AUTHORIZED AGENCIES UNDER
 THIS CHAPTER, INCLUDING WITHOUT  LIMITATION,  CITIES,  COUNTIES,  TOWNS,
 VILLAGES AND OTHER MUNICIPALITIES, SHALL BE LIABLE FOR NEGLIGENCE BY ANY
 PERSON  IN  THE  PLACEMENT  OF  A CHILD IN THE AUTHORIZED AGENCY'S LEGAL
 CUSTODY, OR IN THE SUPERVISION OF A CHILD IN FOSTER CARE, A FOSTER  HOME
 OR  FOSTER PARENTS, IN THE SAME MANNER AND TO THE SAME EXTENT AS PRIVATE
 ENTITIES.
   2. THIS SECTION SHALL  APPLY  TO  CIVIL  CLAIMS  BROUGHT  PURSUANT  TO
 SECTION  TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES THAT
 WERE REVIVED PURSUANT TO THE TERMS OF SUCH SECTION.
   § 2. Section 9 of the court of claims act is amended by adding  a  new
 subdivision 14 to read as follows:
   14.  TO  HEAR  AND DETERMINE A CLAIM FOR INJURIES TO A CHILD CAUSED BY
 ANY PERSON DUE TO NEGLIGENCE IN THE  PLACEMENT  OR  SUPERVISION  OF  THE
 CHILD IN JUVENILE DETENTION OR OTHER MANNER OF CUSTODY BY THE STATE.
   §  3. Severability. The provisions of this act shall be severable, and
 if any clause, sentence, paragraph, subdivision  or  part  of  this  act
 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.

                                                            LBD14834-05-4
 A. 10144--B                         2
 
 such judgment shall not affect,  impair,  or  invalidate  the  remainder
 thereof, but shall be confined in its operation to the clause, sentence,
 paragraph,  subdivision or part thereof directly involved in the contro-
 versy in which such judgment shall have been rendered.
   §  4.  This act shall take effect immediately and its provisions shall
 be applicable to civil claims or causes of action filed before,  on,  or
 after, the effective date of this act.

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