S 2270 New York Senate · 2025 Regular Session

Relates to the duty owed by certain agencies to children in the legal custody of the agencies; extends jurisdiction of the court of claims

Summary

Relates to the duty owed by certain agencies to children in the legal custody of the agencies with respect to the placement of children; provides a statutory private right of action for compensatory damage; extends jurisdiction of the court of claims to certain claims for injuries to a child.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 16, 2025 Last action May 15, 2025

Maddy AI version diff · 1 comparison

What changed between versions

S2270 → S2270A · 4 edits

MODERATE

This bill was amended to strengthen protections for children in state custody by changing the legal standard from 'negligence in placement' to a 'nondelegable special duty' to provide safety and prevent harm. The amendment also expands the Court of Claims jurisdiction to cover injuries in more custody settings like mental health placements, and adds a private right of action for individuals injured by violations of the agency's duties.

Scope change

The bill's scope expanded from covering only placement and supervision negligence to establishing a broader, nondelegable duty of care for all children under state legal custody, including those in temporary homes, residential facilities, juvenile detention, and mental health placements.

REQUIREMENT

Changed the legal standard from liability for negligence in placement or supervision to a nondelegable special duty requiring agencies to provide for child safety and exercise reasonable care to prevent foreseeable harm.

Clarified that the duty extends to negligent acts or omissions by employees or agents of not-for-profit contract agencies performing placement or supervision duties.

ELIGIBILITY

Added a private right of action allowing individuals to sue for compensatory damages if they suffer injury from violations of the agency's duty to children in custody.

ENFORCEMENT

Expanded Court of Claims jurisdiction to include claims for injuries in mental health placements and other custody settings beyond just juvenile detention.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 15, 2025

Upper · Passed

PRINT NUMBER 2270A

upper

May 15, 2025

Upper · Passed

AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES

upper

Jan 16, 2025

Committee

REFERRED TO CHILDREN AND FAMILIES

upper

1 primary · 1 co-sponsor