A 4362: Relates to liability of cities and counties for negligence in the placement of a child - New York

A4362B → A4362C · 4 edits

MODERATE

This bill narrows the scope of liability for child custody cases by removing towns, villages, and other municipalities from the list of entities required to owe a special duty of care, limiting it strictly to cities and counties. It also reorganizes the bill's structure, moving the severability clause earlier and removing the amendment to the Court of Claims Act, while adding specific language to link the duty of care to certain sexual offenses.

Scope change

The bill's applicability was reduced from all public agencies and municipalities to only cities and counties.

SCOPE

Removed towns, villages, and other municipalities from the list of entities liable for negligence in child custody.

ENFORCEMENT

Deleted the section that amended the Court of Claims Act to expand jurisdiction over state custody claims.

REQUIREMENT

Added specific language stating that the duty of care can be asserted in lawsuits involving sexual offenses against children.

TECHNICAL

Reordered the bill sections, moving the severability clause from the end to the middle and adjusting the bill number and sponsor list.

A4362A → A4362B · 3 edits

MINOR

This bill version expands the list of organizations subject to liability for child injuries to include non-profit entities, not just government agencies. It also clarifies that these organizations are responsible for the negligent actions of their employees and contract partners. Finally, it changes the law to apply retroactively to claims that arose before the bill becomes effective.

Scope change

The scope of liability was broadened to include non-profit contract agencies and entities, whereas the previous version only applied to public agencies and municipalities.

SCOPE

Expanded liability to include non-profit agencies and entities, in addition to public agencies like cities and counties.

ENFORCEMENT

Clarified that public agencies are liable for the negligent acts of employees or agents working for non-profit contract agencies.

TIMELINE

Added a provision stating that the act applies retroactively to civil claims that accrued before the effective date.

A4362 → A4362A · 4 edits

MODERATE

The bill was amended to shift its focus from general 'negligence' to a specific 'nondelegable special duty' owed by agencies to children in their legal custody. This change clarifies that agencies are responsible for the safety of children under their care regardless of who performs the specific task, and it explicitly extends this liability to include not-for-profit contract agencies.

Scope change

The scope was expanded to explicitly include children in 'legal custody of the state' (including juvenile detention and mental health placements) rather than just those in foster care, and the duty now applies to all employees and agents of contract agencies.

REQUIREMENT

Replaced the general liability for negligence with a specific 'nondelegable special duty' requiring agencies to provide for a child's safety and exercise reasonable care to prevent foreseeable harm.

ELIGIBILITY

Explicitly extended the bill's protections to children in juvenile detention and mental health placements, not just those in foster care.

Clarified that the duty covers negligent acts by employees or agents of not-for-profit contract agencies, ensuring private partners performing state duties are also covered.

ENFORCEMENT

Added a new provision granting individuals a statutory private right of action to sue for compensatory damages if an agency fails to meet these safety duties.

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

What changed between versions

How they voted

Actions timeline

Sponsors