Amd §§70 & 240, rpld §240 sub 1 ¶(a-3), Dom Rel L; amd §651, Fam Ct Act
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
STATE OF NEW YORK
________________________________________________________________________
146
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the domestic relations law and the family court act, in
relation to prohibiting forensic evaluations in a custody or visita-
tion proceeding; and to repeal certain provisions of the domestic
relations law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 70 of the domestic relations law is amended by
2 adding a new subdivision (c) to read as follows:
3 (c) (1) No court shall order or allow into evidence a forensic report
4 in the context of a custody or visitation proceeding.
5 (2) For the purposes of this subdivision:
6 (i) "forensic report" shall mean any report or evaluation prepared by
7 a forensic evaluator which includes such evaluator's recommendations,
8 opinions or conclusions as to child custody or visitation; and
9 (ii) "forensic evaluator" shall mean a forensic mental health profes-
10 sional, a probation service employee, a child protective service employ-
11 ee or any other person authorized by statute or the court to perform a
12 forensic evaluation relating to a party or a child in order to assist
13 the court in a child custody or visitation determination.
14 § 2. Paragraph (a-3) of subdivision 1 of section 240 of the domestic
15 relations law is REPEALED and a new paragraph (a-3) is added to read as
16 follows:
17 (a-3) (1) No court shall order or allow into evidence a forensic
18 report in the context of a custody or visitation proceeding.
19 (2) For the purposes of this paragraph:
20 (i) "forensic report" shall mean any report or evaluation prepared by
21 a forensic evaluator which includes such evaluator's recommendations,
22 opinions or conclusions as to child custody or visitation; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00645-01-5
S. 146 2
1 (ii) "forensic evaluator" shall mean a forensic mental health profes-
2 sional, a probation service employee, a child protective service employ-
3 ee or any other person authorized by statute or the court to perform a
4 forensic evaluation relating to a party or a child in order to assist
5 the court in a child custody or visitation determination.
6 § 3. Section 651 of the family court act is amended by adding a new
7 subdivision (g) to read as follows:
8 (g) (1) No court shall order or allow into evidence a forensic report
9 in the context of a custody or visitation proceeding.
10 (2) For the purposes of this subdivision:
11 (i) "forensic report" shall mean any report or evaluation prepared by
12 a forensic evaluator which includes such evaluator's recommendations,
13 opinions or conclusions as to child custody or visitation; and
14 (ii) "forensic evaluator" shall mean a forensic mental health profes-
15 sional, a probation service employee, a child protective service employ-
16 ee or any other person authorized by statute or the court to perform a
17 forensic evaluation relating to a party or a child in order to assist
18 the court in a child custody or visitation determination.
19 § 4. This act shall take effect on the ninetieth day after it shall
20 have become a law.
