New York A04362 establishes a special duty for cities and counties to ensure the safety of children in their legal custody, allowing for a private.
New York A04362 amends the social services law to establish a nondelegable special duty for cities and counties to ensure the safety of children under 18 in their legal custody. This duty includes exercising reasonable care in preventing foreseeable harm to the child. Cities and counties breaching this duty are liable for negligence in placement or supervision, causing injury to the child. The bill provides a statutory private right of action for compensatory damages for physical, psychological, or other injuries suffered due to such breaches.
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