NY State Senate Bill 2025-S2270

Senate Bill S2270

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2025	referred to children and families

co-Sponsors

2025-S2270 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §419-a, Soc Serv L; amd §9, Ct Claims Act
Versions Introduced in 2023-2024 Legislative Session:: S9210

2025-S2270 (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.

2025-S2270 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2270

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:

This bill defines circumstances in which it may be appropriate to
collect child support payments pursuant to approved foster care mainte-
nance payment applications.

 
SUMMARY OF PROVISIONS:

Section 1 - amends the Family Court Act to limit liability for child
support payments pursuant to an approved application for foster care
maintenance to cases of aggravated circumstances.

Section 2 - Provides that the Office of Family and Children Services
shall promulgate any necessary rules and regulations.

Section 3 - Effective Date.

 
JUSTIFICATION:

Poverty is a known risk factor for involvement with the child welfare
system. Currently, a referral for child support collection can be made
upon a large number of approved applications for foster care mainte-
nance. Securing an assignment of the rights to child support is general-
ly deemed not to be cost effective as analyses have shown that very low
levels of collections are obtained. Additional research shows that
collecting child support payments can significantly delay family
reunification efforts. Recently, the Children's Bureau released revised
policy for title IV-E agencies to allow the default position of not
securing an assignment of rights to child support.

 
LEGISLATIVE HISTORY:

2023-2024: S.9210-B (Hoylman-Sigal) / A10144-B (Rosenthal)Died in
Committee

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2270 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2270
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  COONEY  -- 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
 
   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.
                                                            LBD04293-01-5

 S. 2270                             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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Senate Bill S2270

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Sponsored By

Brad Hoylman-Sigal