Requires that court ordered forensic evaluations involving child custody and visitation be a licensed psychologist, social worker or psychiatrist who has completed a training program developed by the New York State Coalition Against Domestic Violence.
STATE OF NEW YORK
________________________________________________________________________
2375--C
Cal. No. 104
2021-2022 Regular Sessions
IN ASSEMBLY
January 19, 2021
___________
Introduced by M. of A. DINOWITZ, COOK, GUNTHER, SILLITTI, GALEF, MONTES-
ANO, McDONOUGH, JEAN-PIERRE, BROWN, PHEFFER AMATO, L. ROSENTHAL, GRIF-
FIN, FERNANDEZ, SMITH, JACKSON -- read once and referred to the
Committee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- ordered to a third read-
ing, amended and ordered reprinted, retaining its place on the order
of third reading
AN ACT to amend the domestic relations law and the executive law, in
relation to court ordered forensic evaluations involving child custody
and visitation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 240 of the domestic relations law
2 is amended by adding a new paragraph (a-3) to read as follows:
3 (a-3) Court ordered forensic evaluations involving child custody and
4 visitation. (1) The court may appoint a forensic evaluator on behalf of
5 the court to evaluate and investigate the parties and a child or chil-
6 dren in a proceeding involving child custody and visitation provided
7 that the child custody forensic evaluator is a psychologist, social
8 worker or psychiatrist who is licensed in the state of New York and has
9 received within the last two years, a certification of completion for
10 completing the training program pursuant to paragraph (o) of subdivision
11 three of section five hundred seventy-five of the executive law.
12 (2) Notwithstanding any provision of law to the contrary, no individ-
13 ual shall be appointed by a court to conduct a forensic evaluation in a
14 proceeding involving child custody and visitation pursuant to this para-
15 graph unless such individual has received within the last two years, a
16 certification of completion for completing the training program pursuant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05749-06-2
A. 2375--C 2
1 to paragraph (o) of subdivision three of section five hundred seventy-
2 five of the executive law.
3 (3) A psychologist, social worker or psychiatrist authorized to
4 conduct court ordered child custody forensic evaluations pursuant to
5 this section shall notify the court in which such individual requests to
6 be considered for such court ordered evaluations. Any psychologist,
7 social worker or psychiatrist who no longer meets the requirements of
8 this section in regards to completing within the last two years the
9 training program pursuant to paragraph (o) of subdivision three of
10 section five hundred seventy-five of the executive law shall be obli-
11 gated to inform such courts within seventy-two hours of noncompliance so
12 as to be removed from consideration for court ordered evaluations.
13 (4) Upon appointment, the court shall require such child custody
14 forensic evaluator to show proof of certification for completing within
15 the last two years the training program pursuant to paragraph (o) of
16 subdivision three of section five hundred seventy-five of the executive
17 law.
18 § 2. Paragraph (o) of subdivision 3 of section 575 of the executive
19 law is relettered paragraph (p) and a new paragraph (o) is added to read
20 as follows:
21 (o) (i) Contracting, within amounts appropriated for such purpose,
22 with the not-for-profit entity the New York State Coalition Against
23 Domestic Violence, to develop a training program as described in this
24 paragraph. Such entity shall be responsible for providing such training
25 to psychiatrists, psychologists and social workers who are licensed in
26 the state of New York, so that such individuals may conduct court
27 ordered forensic evaluations involving child custody and visitation
28 pursuant to paragraph (a-3) of subdivision one of section two hundred
29 forty of the domestic relations law; and for reviewing and updating
30 training topics at least once every two years. Such training shall
31 include, but not be limited to, a review of: relevant statutes; case law
32 and psychological definitions of domestic violence; coercive control and
33 child abuse; the dynamics and effects of domestic violence and child
34 abuse, including but not limited to, emotional, financial, physical,
35 technological and sexual abuse; the barriers and fears associated with
36 reporting domestic violence and child abuse and why victims may not have
37 documented evidence of abuse; tactics commonly used by one party to
38 induce fear in another party or child, including verbal, emotional,
39 psychological, and/or economic abuse, isolating techniques, coercive
40 control, and monitoring of a partner's location and activities; liti-
41 gation abuse and demands for custody or joint custody in order to pres-
42 sure the partner to return or punish the partner for leaving; trauma,
43 particularly as it relates to sexual abuse and the risks posed to chil-
44 dren and the long-term dangers and impacts imposed by the presence of
45 adverse childhood experiences; the increased risk of escalating violence
46 that occurs during child custody proceedings; and the danger of basing
47 child custody decisions on claims that a child's deficient or negative
48 relationship with a parent is caused by the other parent.
49 (ii) The office, in consultation with the New York State Coalition
50 Against Domestic Violence, shall determine a reasonable number of train-
51 ing-hours that shall be required for the first instance such program is
52 provided to psychiatrists, psychologists and social workers and a
53 reasonable number of training-hours that shall be required for subse-
54 quent refresher courses provided to such individuals.
55 (iii) The New York State Coalition Against Domestic Violence shall be
56 responsible for providing a certification of completion to each psychia-
A. 2375--C 3
1 trist, psychologist or social worker who satisfies the requirements of
2 such training program, so that such individuals may conduct court
3 ordered forensic evaluations involving child custody and visitation
4 pursuant to paragraph (a-3) of subdivision one of section two hundred
5 forty of the domestic relations law; and
6 § 3. Severability. If any clause, sentence, paragraph, subdivision,
7 section or part of this title shall be adjudged by any court of compe-
8 tent jurisdiction to be invalid, such judgment shall not affect, impair
9 or invalidate the remainder thereof, but shall be confined in its opera-
10 tion to the clause, sentence, paragraph, subdivision, section or part
11 thereof directly involved in the controversy in which such judgment
12 shall have been rendered. It is hereby declared the intent of the legis-
13 lature that this act would have been enacted even if such invalid
14 provisions had not been included herein.
15 § 4. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law. Effective immediately, the addition, amend-
17 ment and/or repeal of any rule or regulation necessary for the implemen-
18 tation of this act by the chief administrator of the courts, with the
19 approval of the administrative board of the courts, on its effective
20 date are authorized to be made and completed on or before such effective
21 date.
