Clarifies that in child protective proceedings and permanency hearings for children placed out of their homes, the social worker-client privilege shall not be a ground for excluding evidence in a hearing to secure an order of protection.
STATE OF NEW YORK
________________________________________________________________________
4703
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. SEMPOLINSKI -- read once and referred to the
Committee on Judiciary
AN ACT to amend the family court act, in relation to admissible evidence
in court proceedings to secure an order of protection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (vii) of subdivision (a) of section 1046 of the
2 family court act, as amended by chapter 432 of the laws of 1993, is
3 amended to read as follows:
4 (vii) neither the privilege attaching to confidential communications
5 between [husband and wife] spouses, as set forth in section forty-five
6 hundred two of the civil practice law and rules, nor the physician-pa-
7 tient and related privileges, as set forth in section forty-five hundred
8 four of the civil practice law and rules, nor the psychologist-client
9 privilege, as set forth in section forty-five hundred seven of the civil
10 practice law and rules, nor the social worker-client privilege, as set
11 forth in section forty-five hundred eight of the civil practice law and
12 rules, nor the rape crisis counselor-client privilege, as set forth in
13 section forty-five hundred ten of the civil practice law and rules,
14 shall be a ground for excluding evidence which otherwise would be admis-
15 sible. Specifically, the social worker-client privilege shall not be a
16 ground for excluding evidence which would otherwise be admissible in a
17 court hearing to secure an order of protection.
18 § 2. This act shall take effect on the ninetieth day after it shall
19 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07523-01-5
