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Senate bill · S9778 (2025-26)

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

Latest action May 19, 2026

New York State Senate

Same as A4362, the matching bill in the Assembly.

Sponsor

Luis R. Sepúlveda

State Senator, District 32 · Democratic

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Summary

Relates to the duty owed by cities and counties to children in the legal custody of such cities and counties with respect to the placement of children; provides a statutory private right of action for compensatory damage.

Summary from NY Open Legislation. How we handle summaries

Amends the Social Services Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

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Purpose, from the sponsor's memo

To allow for liability of certain agencies for negligence in the place- ment of a child and to extend jurisdiction in the court of claims.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Assigned to a committee for review.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Children and Families · New York State Assembly

Also referred to Children And Families · New York State Senate.

Cosponsors

Al Taylor, Amy Paulin and 12 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic14

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The sponsor's argument

Why Luis R. Sepúlveda says this is needed

According to data from the Crimes Against Children Research Center, 1 in 5 girls and 1 in 20 boys are victims of sexual assault. A 2003 National Institute of Justice report found that 3 out of 4 children who have been sexually assaulted were abused by a person they know well. Child sexual assault is an epidemic, and the majority of survivors are so traumatized by their abuse that it takes them decades to disclose their abuse, if they ever do. When the Child Victims Act was passed, government entities could be liable for negligence in foster care under existing case law. There have since been conflicting court decisions in this area, with some courts granting government entities immunity for sex abuse claims arising in foster care. This split in the courts is now creating uncertainty and delays for wronged New Yorkers. This statutory change will clarify that public institutions owe a duty to foster children and are liable for their piece in the negligent placement.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 19, 2026

    Amend (t) and Recommit to Children and Families

    AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES

    NY Senate

  2. May 19, 2026

    Amend (t) and Recommit to Children and Families

    AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES

    NY Assembly

  3. Apr 9, 2026

    Amend and Recommit to Children and Families

    AMEND AND RECOMMIT TO CHILDREN AND FAMILIES

    NY Senate

  4. Apr 6, 2026

    Referred to committee

    REFERRED TO CHILDREN AND FAMILIES

    NY Senate

  5. Feb 19, 2026

    Amend and Recommit to Children and Families

    AMEND AND RECOMMIT TO CHILDREN AND FAMILIES

    NY Assembly

Show full history (3 earlier events)
  1. Jan 7, 2026

    Referred to committee

    REFERRED TO CHILDREN AND FAMILIES

    NY Assembly

  2. May 15, 2025

    Amend (t) and Recommit to Children and Families

    AMEND (T) AND RECOMMIT TO CHILDREN AND FAMILIES

    NY Assembly

  3. Feb 4, 2025

    Referred to committee

    REFERRED TO CHILDREN AND FAMILIES

    NY Assembly