Bill > A04362

This bill establishes a special, non-delegable duty for public agencies and entities, such as cities and counties, to ensure the safety of children under eighteen in their legal custody, requiring them to exercise reasonable care to prevent foreseeable harm. If these agencies or entities are negligent in placing or supervising a child in a temporary home or residential facility, and this negligence causes injury, they will be held liable to the child for damages, similar to how private entities are treated, and will not be able to claim governmental immunity. This duty extends to holding public agencies responsible for the negligent actions of employees or agents of non-profit contract agencies that are performing placement or supervision duties. Furthermore, individuals who suffer physical, psychological, or other injuries due to violations of these duties will have a legal right to sue for compensatory damages. The bill also expands the jurisdiction of the Court of Claims to hear and decide claims against the state for injuries to children in its legal custody, including those in juvenile detention or mental health placements, caused by negligence in placement, supervision, or facility oversight.

Education

https://www.nysenate.gov/legislation/bills/2025/A4362