A4362 • 2025

Relates to liability of cities and counties for negligence in the placement of a child

Children

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Linda Rosenthal
Last action: 2026-05-19
Official status: In Assembly Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Relates to liability of cities and counties for negligence in the placement of a child

Relates to liability of cities and counties for negligence in the placement of a child Relates to the duty owed by cities and counties to children in the legal custody of such cities and counties with respect to the placement of children; provides a statutory private right of action for compensatory damage.

What This Bill Does

Relates to liability of cities and counties for negligence in the placement of a child Relates to the duty owed by cities and counties to children in the legal custody of such cities and counties with respect to the placement of children; provides a statutory private right of action for compensatory damage.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-05-19 Assembly
AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
2026-05-19 Assembly
PRINT NUMBER 4362C
2026-02-19 Assembly
AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
2026-02-19 Assembly
PRINT NUMBER 4362B
2026-01-07 Assembly
REFERRED TO CHILDREN AND FAMILIES
2025-05-15 Assembly
AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES
2025-05-15 Assembly
PRINT NUMBER 4362A
2025-02-04 Assembly
REFERRED TO CHILDREN AND FAMILIES

Official Summary Text

Relates to liability of cities and counties for negligence in the placement of a child
Relates to the duty owed by cities and counties to children in the legal custody of such cities and counties with respect to the placement of children; provides a statutory private right of action for compensatory damage.

Current Bill Text

Read the full stored bill text

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          4362

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                    February 4, 2025
                                       ___________

        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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:

     1    Section 1. The social services law is amended by adding a new  section
     2  419-a to read as follows:
     3    §  419-A.  LIABILITY.  1. NOTWITHSTANDING THEIR PERFORMANCE OF GOVERN-
     4  MENTAL FUNCTIONS, PUBLIC AGENCIES THAT  ARE  AUTHORIZED  AGENCIES  UNDER
     5  THIS  CHAPTER,  INCLUDING  WITHOUT  LIMITATION, CITIES, COUNTIES, TOWNS,
     6  VILLAGES AND OTHER MUNICIPALITIES, SHALL BE LIABLE FOR NEGLIGENCE BY ANY
     7  PERSON IN THE PLACEMENT OF A CHILD  IN  THE  AUTHORIZED  AGENCY'S  LEGAL
     8  CUSTODY,  OR IN THE SUPERVISION OF A CHILD IN FOSTER CARE, A FOSTER HOME
     9  OR FOSTER PARENTS, IN THE SAME MANNER AND TO THE SAME EXTENT AS  PRIVATE
    10  ENTITIES.
    11    2.  THIS  SECTION  SHALL  APPLY  TO  CIVIL  CLAIMS BROUGHT PURSUANT TO
    12  SECTION TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES  THAT
    13  WERE REVIVED PURSUANT TO THE TERMS OF SUCH SECTION.
    14    §  2.  Section 9 of the court of claims act is amended by adding a new
    15  subdivision 14 to read as follows:
    16    14. TO HEAR AND DETERMINE A CLAIM FOR INJURIES TO A  CHILD  CAUSED  BY
    17  ANY  PERSON  DUE  TO  NEGLIGENCE  IN THE PLACEMENT OR SUPERVISION OF THE
    18  CHILD IN JUVENILE DETENTION OR OTHER MANNER OF CUSTODY BY THE STATE.
    19    § 3. Severability. The provisions of this act shall be severable,  and
    20  if  any  clause,  sentence,  paragraph,  subdivision or part of this act
    21  shall be adjudged by any court of competent jurisdiction to be  invalid,
    22  such  judgment  shall  not  affect,  impair, or invalidate the remainder

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04293-01-5
        A. 4362                             2

     1  thereof, but shall be confined in its operation to the clause, sentence,
     2  paragraph, subdivision or part thereof directly involved in the  contro-
     3  versy in which such judgment shall have been rendered.
     4    §  4.  This act shall take effect immediately and its provisions shall
     5  be applicable to civil claims or causes of action filed before,  on,  or
     6  after, the effective date of this act.