Bill > S02270

This bill amends the social services law and court of claims act to establish new legal protections and accountability for public agencies responsible for children in their legal custody. Specifically, the bill creates a nondelegable special duty for public agencies (such as cities, counties, towns, and villages) to ensure the safety of children under 18 in their custody, removing traditional governmental immunity. Public agencies can now be held liable for negligence in child placement or supervision that proximately causes injury, similar to how private entities would be held responsible. The bill also extends this liability to include negligent acts by not-for-profit contract agencies performing placement or supervision duties. Furthermore, the bill creates a statutory private right of action for individuals who suffer physical or psychological injuries due to violations of these duties, allowing them to seek compensatory damages. Additionally, the bill expands the jurisdiction of the court of claims to hear claims against the state for negligence causing injuries to children in state custody, including juvenile detention and mental health placements. The changes apply retroactively to civil claims filed before, on, or after the bill's effective date, and the provisions are designed to be severable, meaning if one part is found invalid, the rest of the bill remains in effect.

Education

https://www.nysenate.gov/legislation/bills/2025/S2270