Bill > A04362

This bill establishes new legal protections and rights for children in the legal custody of public agencies, such as cities, counties, and municipalities. It creates a nondelegable special duty for these agencies to ensure the safety of children under 18 and exercise reasonable care to prevent foreseeable harm. The bill removes governmental immunity, making public agencies liable for negligence in child placement or supervision, including negligent acts by their contracted not-for-profit agencies. Specifically, the bill creates a statutory private right of action that allows children who have suffered physical or psychological injuries due to agency negligence to seek compensatory damages. Additionally, the bill extends the jurisdiction of the Court of Claims to hear and determine claims against the state for negligence causing injuries to children in state custody, including juvenile detention and mental health placements. The bill applies retroactively to civil claims filed before, on, or after its effective date, and includes a severability clause to ensure that if any part of the law is found invalid, the rest of the law remains in effect.

Education

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