Senate Bill S9210

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

Sponsored By

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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Bill Amendments

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 & 11, 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

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.
              

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 & 11, Ct Claims Act

2023-S9210A - 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-S9210A - Sponsor Memo

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
              

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 & 11, Ct Claims Act

2023-S9210B (ACTIVE) - 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-S9210B (ACTIVE) - Sponsor Memo

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.
              

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