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NY A04362
Bill
Status
2/4/2025
Primary Sponsor
Linda Rosenthal
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AI Summary
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Public agencies (including cities, counties, towns, villages, and municipalities) would owe a nondelegable special duty to children under 18 in their legal custody to provide for safety and exercise reasonable care in preventing foreseeable harm
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Agencies would be liable for negligence in placement or supervision of children in temporary homes or residential facilities, without entitlement to governmental immunity, held to the same standard as private entities
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The nondelegable duty extends to cover negligent acts or omissions by employees or agents of not-for-profit contract agencies performing placement or supervision duties
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Creates a statutory private right of action allowing individuals to seek compensatory damages for physical, psychological, or other injuries resulting from violations of foster care requirements
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Expands Court of Claims jurisdiction to hear claims against the state for negligence causing injuries to children in state legal custody, including juvenile detention and mental health placements
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Applies to civil claims filed before, on, or after the effective date of the act
Legislative Description
Relates to the duty owed by certain agencies and entities to children in the legal custody of the agencies with respect to the placement of children; provides a statutory private right of action for compensatory damage; extends jurisdiction of the court of claims to certain claims for injuries to a child.
Last Action
print number 4362b
2/19/2026