NY State Senate Bill 2023-S9210B

Senate Bill S9210B

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 Senate Committee Judiciary 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 03, 2024	print number 9210b
Jun 03, 2024	amend (t) and recommit to judiciary
May 31, 2024	print number 9210a
May 31, 2024	amend and recommit to judiciary
May 21, 2024	reported and committed to judiciary
May 06, 2024	referred to children and families

Votes

- May 21, 2024 - Children And Families Committee Vote
  S9210B
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 21, 2024
      
      aye (6)
      
      Ashby
      
      Bailey
      
      Brisport
      
      Brouk
      
      Hoylman-Sigal
      
      Persaud
      
      aye wr (1)
      
      Rolison

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S9210 - Details

See Assembly Version of this Bill:: A10144
Current Committee:: Senate Judiciary
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-S9210 - 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-S9210 - Sponsor Memo

                                 
BILL NUMBER: S9210

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 injuries to
a child and exempting such claims for certain filing, service and
contents of claim or notice requirements

 
PURPOSE:

To allow for liability of certain agencies for negligence in the place-
ment of a child and to extend jurisdiction in the court of claims.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the social service law.

Section two amends the court of claims act by adding a new subdivision.

Section three amends the court of claims act by adding a new subdivi-
sion. Section four provides for severability.

Section five is the effective date.

 
JUSTIFICATION:

According to data from the Crimes Against Children Research Center, 1 in
5 girls and 1 in 20 boys are victims of sexual assault. A 2003 National
Institute of Justice report found that 3 out of 4 children who have been
sexually assaulted were abused by a person they know well. Child sexual
assault is an epidemic, and the majority of survivors are so traumatized
by their abuse that it takes them decades to disclose their abuse, if
they ever do.

When the Child Victims Act was passed, government entities could be
liable for negligence in foster care under existing case law. There have
since been conflicting court decisions in this area, with some courts
granting government entities immunity for sex abuse claims arising in
foster care. This split in the courts is now creating uncertainty and
delays for wronged New Yorkers. This statutory change will clarify that
public institutions owe a duty to foster children and are liable for
their piece in negligence placement.

The Child Victims Act amended the notice of claim provision of the Court
of Claims Act to exempt the notice requirement for claims brought under
the CVA. The CVA, however, did not amend a separate section of the Act
which requires that the claimant state in the claim the "time when" the
claim arose and the "nature of the claim."  This provision has been
construed to require a level of specificity in pleading that is overly
burdensome. For victims of child sexual abuse that occurred decades ago,
this pleading requirement imposes a substantial and insurmountable
obstacle for victims to achieve.

In order to conclusively address childhood sexual abuse, we must ensure
that the law allows survivors to come forward and seek justice without
unduly procedural barriers.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediately.

2023-S9210 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9210
 
                             I N  S E N A T E
 
                                May 6, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
 
 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
 YEARS  OF  AGE,  OR  SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14834-02-4
 S. 9210                             2

 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.

co-Sponsors

2023-S9210A - Details

See Assembly Version of this Bill:: A10144
Current Committee:: Senate Judiciary
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-S9210A - Summary

2023-S9210A - Sponsor Memo

                                 
BILL NUMBER: S9210A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 injuries to
a child and exempting such claims for certain filing, service and
contents of claim or notice requirements

 
PURPOSE:

To allow for liability of certain agencies for negligence in the place-
ment of a child and to extend jurisdiction in the court of claims.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the social service law.

Section two amends the court of claims act by adding a new subdivision.

Section three amends the court of claims act by adding a new subdivi-
sion. Section four provides for severability.

Section five is the effective date.

 
JUSTIFICATION:

According to data from the Crimes Against Children Research Center, 1 in
5 girls and 1 in 20 boys are victims of sexual assault. A 2003 National
Institute of Justice report found that 3 out of 4 children who have been
sexually assaulted were abused by a person they know well. Child sexual
assault is an epidemic, and the majority of survivors are so traumatized
by their abuse that it takes them decades to disclose their abuse, if
they ever do.

When the Child Victims Act was passed, government entities could be
liable for negligence in foster care under existing case law. There have
since been conflicting court decisions in this area, with some courts
granting government entities immunity for sex abuse claims arising in
foster care. This split in the courts is now creating uncertainty and
delays for wronged New Yorkers. This statutory change will clarify that
public institutions owe a duty to foster children and are liable for
their piece in negligence placement.

The Child Victims Act amended the notice of claim provision of the Court
of Claims Act to exempt the notice requirement for claims brought under
the CVA. The CVA, however, did not amend a separate section of the Act
which requires that the claimant state in the claim the "time when" the
claim arose and the "nature of the claim."  This provision has been
construed to require a level of specificity in pleading that is overly
burdensome. For victims of child sexual abuse that occurred decades ago,
this pleading requirement imposes a substantial and insurmountable
obstacle for victims to achieve.

In order to conclusively address childhood sexual abuse, we must ensure
that the law allows survivors to come forward and seek justice without
unduly procedural barriers.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediately.

2023-S9210A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9210--A
 
                             I N  S E N A T E
 
                                May 6, 2024
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  COONEY  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Children
   and Families -- reported favorably from said committee  and  committed
   to  the  Committee on Judiciary -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14834-04-4

 S. 9210--A                          2
 
   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
 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.

co-Sponsors

2023-S9210B (ACTIVE) - Details

See Assembly Version of this Bill:: A10144
Current Committee:: Senate Judiciary
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act

2023-S9210B (ACTIVE) - Summary

2023-S9210B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9210B

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 injuries to
a child

 
PURPOSE:

To allow for liability of certain agencies for negligence in the place-
ment of a child and to extend jurisdiction in the court of claims.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the social service law.

Section two amends the court of claims act by adding a new subdivision.

Section three provides for severability.

Section four is the effective date.

 
JUSTIFICATION:

According to data from the Crimes Against Children Research Center, 1 in
5 girls and 1 in 20 boys are victims of sexual assault. A 2003 National
Institute of Justice report found that 3 out of 4 children who have been
sexually assaulted were abused by a person they know well. Child sexual
assault is an epidemic, and the majority of survivors are so traumatized
by their abuse that it takes them decades to disclose their abuse, if
they ever do.

When the Child Victims Act was passed, government entities could be
liable for negligence in foster care under existing case law. There have
since been conflicting court decisions in this area, with some courts
granting government entities immunity for sex abuse claims arising in
foster care. This split in the courts is now creating uncertainty and
delays for wronged New Yorkers. This statutory change will clarify that
public institutions owe a duty to foster children and are liable for
their piece in negligence placement.

The Child Victims Act amended the notice of claim provision of the Court
of Claims Act to exempt the notice requirement for claims brought under
the CVA.

The CVA, however, did not amend a separate section of the Act which
requires that the claimant state in the claim the "time when" the claim
arose and the "nature of the claim." This provision has been construed
to require a level of specificity in pleading that is overly burdensome.
For victims of child sexual abuse that occurred decades ago, this plead-
ing requirement imposes a substantial and insurmountable obstacle for
victims to achieve.



In order to conclusively address childhood sexual abuse, we must ensure
that the law allows survivors to come forward and seek justice without
unduly procedural barriers.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediately.

2023-S9210B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9210--B
 
                             I N  S E N A T E
 
                                May 6, 2024
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  COONEY  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Children
   and Families -- reported favorably from said committee  and  committed
   to  the  Committee on Judiciary -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14834-06-4
 S. 9210--B                          2
 
 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.
   § 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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Senate Bill S9210B

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

Jeremy A. Cooney

2023-S9210 - Details

2023-S9210 - Summary

2023-S9210 - Sponsor Memo

2023-S9210 - Bill Text download pdf

co-Sponsors

Jeremy A. Cooney

2023-S9210A - Details

2023-S9210A - Summary

2023-S9210A - Sponsor Memo

2023-S9210A - Bill Text download pdf

co-Sponsors

Jeremy A. Cooney

2023-S9210B (ACTIVE) - Details

2023-S9210B (ACTIVE) - Summary

2023-S9210B (ACTIVE) - Sponsor Memo

2023-S9210B (ACTIVE) - Bill Text download pdf

Comments