- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A02375 Summary:
BILL NO | A02375C |
  | |
SAME AS | SAME AS S06385-B |
  | |
SPONSOR | Dinowitz |
  | |
COSPNSR | Cook, Gunther, Sillitti, Galef, Montesano, McDonough, Jean-Pierre, Brown K, Pheffer Amato, Rosenthal L, Griffin, Fernandez, Smith, Jackson, Englebright |
  | |
MLTSPNSR | |
  | |
Amd §240, Dom Rel L; amd §575, Exec L | |
  | |
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. |
A02375 Actions:
BILL NO | A02375C | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/19/2021 | referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2021 | amend (t) and recommit to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2021 | print number 2375a | |||||||||||||||||||||||||||||||||||||||||||||||||
05/20/2021 | amend and recommit to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
05/20/2021 | print number 2375b | |||||||||||||||||||||||||||||||||||||||||||||||||
05/26/2021 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2021 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | rules report cal.752 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | ordered to third reading rules cal.752 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/05/2022 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/05/2022 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/05/2022 | ordered to third reading cal.104 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/09/2022 | amended on third reading 2375c | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2022 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
02/16/2022 | REFERRED TO CHILDREN AND FAMILIES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2022 | SUBSTITUTED FOR S6385B | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2022 | 3RD READING CAL.1760 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2022 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2022 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
12/12/2022 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
12/23/2022 | signed chap.740 | |||||||||||||||||||||||||||||||||||||||||||||||||
12/23/2022 | approval memo.57 |
A02375 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Ashby
Yes
Cruz
Yes
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
Yes
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jensen
ER
Nolan
Yes
Santabarbara
Yes
Williams
Yes
Byrne
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
Yes
Schmitt
Yes
Zebrowski
Yes
Cahill
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Colton
Yes
Gallagher
Yes
Lavine
Yes
Perry
Yes
Solages
Yes
Abinanti
Yes
Conrad
Yes
Gallahan
Yes
Lawler
Yes
Pheffer Amato
Yes
Steck
Yes
Anderson
Yes
Cook
Yes
Gandolfo
Yes
Lemondes
Yes
Pretlow
Yes
Stern
Yes
Angelino
Yes
Cruz
Yes
Gibbs
Yes
Lunsford
ER
Quart
Yes
Stirpe
Yes
Ashby
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Ra
Yes
Tague
Yes
Aubry
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
Yes
Tannousis
Yes
Barclay
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ramos
Yes
Tapia
Yes
Barnwell
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Reilly
ER
Taylor
Yes
Barrett
Yes
DeStefano
Yes
Goodell
Yes
McDonald
Yes
Reyes
Yes
Thiele
Yes
Benedetto
Yes
Dickens
Yes
Gottfried
Yes
McDonough
Yes
Rivera J
Yes
Vanel
Yes
Bichotte Hermel
Yes
Dilan
Yes
Griffin
Yes
McMahon
Yes
Rivera JD
Yes
Walczyk
Yes
Blankenbush
Yes
Dinowitz
Yes
Gunther
Yes
Meeks
Yes
Rosenthal D
Yes
Walker
Yes
Brabenec
No
DiPietro
Yes
Hawley
Yes
Mikulin
Yes
Rosenthal L
Yes
Wallace
Yes
Braunstein
Yes
Durso
Yes
Hevesi
Yes
Miller
ER
Rozic
Yes
Walsh
Yes
Bronson
Yes
Eichenstein
Yes
Hunter
Yes
Mitaynes
Yes
Salka
Yes
Weinstein
Yes
Brown
Yes
Englebright
Yes
Hyndman
Yes
Montesano
Yes
Santabarbara
Yes
Weprin
Yes
Burdick
Yes
Epstein
Yes
Jackson
Yes
Morinello
Yes
Sayegh
Yes
Williams
Yes
Burgos
Yes
Fahy
Yes
Jacobson
Yes
Niou
Yes
Schmitt
Yes
Woerner
Yes
Burke
Yes
Fall
Yes
Jean-Pierre
ER
Nolan
Yes
Seawright
Yes
Zebrowski
Yes
Buttenschon
Yes
Fernandez
Yes
Jensen
Yes
Norris
Yes
Septimo
Yes
Zinerman
Yes
Byrne
Yes
Fitzpatrick
Yes
Jones
Yes
O'Donnell
Yes
Sillitti
Yes
Mr. Speaker
Yes
Byrnes
Yes
Forrest
Yes
Joyner
Yes
Otis
Yes
Simon
Yes
Cahill
Yes
Friend
Yes
Kelles
Yes
Palmesano
Yes
Simpson
Yes
Carroll
Yes
Frontus
Yes
Kim
Yes
Paulin
Yes
Smith
Yes
Clark
Yes
Galef
Yes
Lalor
Yes
Peoples-Stokes
Yes
Smullen
‡ Indicates voting via videoconference
A02375 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A2375C SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the domestic relations law and the executive law, in relation to court ordered forensic evaluations involving child custody and visitation   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to require child custody forensic evaluators that are appointed by the court to evaluate and investigate parties in a proceeding involving child custody and visitation to: (1) be a psychol- ogist, social worker or psychiatrist, and (2) undergo biennial domestic violence-related training, also established by this bill, in order qual- ify for such appointment.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision 1 of section 240 of the domestic relations law to add a new paragraph (a-4) which states that a court may appoint a child custody forensic evaluator to evaluate and investigate the parties and a child or children in a proceeding, provided such individual is a psychologist, social worker or psychiatrist who is licensed in the state of New York and has undergone the required biennial domestic violence- related training. The new paragraph requires a child custody forensic evaluator to-notify the court in which such individual requests to be considered for such court ordered evaluations; requires such individuals to notify the court should they fall out of compliance(regarding the biennial training requirement); and includes training documentation requirements. Section 2 amends subdivision three of section five hundred seventy-five of the executive law to add a new paragraph (n) to require the Office for the Prevention of Domestic Violence (OPDV) to contract with the not-for-profit entity, the New York State Coalition Against Domestic Violence (NYSCADV) to develop a training program for psychiatrists, psychologists and social workers, so that such individuals may conduct court ordered forensic evaluations involving child custody and visita- tion pursuant to the above section. The new paragraph lists the topics that shall be comprise such training, including but not limited to: relevant statutes, case law and psychological definitions of domestic violence, coercive control and child abuse; the dynamics and effects-of domestic violence and child abuse; trauma, particularly as it relates to sexual abuse and the risks posed to children and the long-term dangers and impacts imposed by the presence of adverse childhood experiences; and the danger of basing child custody decisions on claims that a child's deficient or negative relationship with a parent is caused by the other parent. The new paragraph requires the issuance of a certif- ication of completion for such course and requires OPDV to consult with NYSCADV to determine a reasonable number of training-hours that shall be required for the first instance such training is provided, and a reason- able number of training hours that shall be required for subsequent refresher courses that are provided to individuals taking them on a biennial basis.   JUSTIFICATION: According to the Center for Judicial Excellence (CJE), a child advocacy not-for-profit organization that promotes judicial accountability and child safety, more than 700 children across the nation have been killed by a parent or parental-figure during circumstances involving divorce, separation, custody, visitation or child support since 2008. Addi- tionally, CJE has found that at least ninety-eight children in forty states have been killed by a parent or parental-figure after a family court allowed unsupervised contact with the child - after the court was informed beforehand about the parent's or parental-figure's violent history, mental illness, or risk of harming a child. In New York Family Court, custody of a child can be heavily influenced by court appointed Forensic Evaluators, though their training or educa- tional and professional experiences vary greatly across the state. Even though these court appointed evaluators typically conduct mental health evaluations, they are currently not required to be licensed mental health professionals. They produce forensic reports that are often foun- dational in informing the court's decision of a custody or visitation dispute. Currently no mandatory standards or trainings exist for court appointed evaluators, nor are they established for competence in the nuances of domestic violence involved child custody cases. Tragically, and despite the existence of an evaluative process, there have been many instances in New York where children have been killed after,the court granted unsupervised visitation to their murderer. In an effort to address this deficiency in the court system, this bill would require evaluators appointed on behalf of the court to be a psychologist, social worker or psychiatrist who has undergone the required biennial domestic violence-related training. The bill requires the Office for the Prevention of Domestic Violence (OPDV) to contract with the New York State Coalition Against Domestic Violence (NYSCADV) to develop a training program for such individuals that covers various aspects related to domestic violence. As an organization that is desig- nated by the federal Department of Health and Human Services to coordi- nate statewide improvements within local communities, social service systems, and programming regarding the prevention and intervention of domestic violence, NYSCADV has experience in providing domestic violence related training and has been included in recent chapters requiring such training in other sectors (see chapter 715 of 2019 and chapter 391 of 2019). With training and an awareness of the impact domestic violence has on victims (among other specific topics), custody evaluators will be better prepared to provide evaluations that are in the best interest of the child. Finally, this bill's requirements are an acknowledgement of a 2018 congressional resolution (H.Con.Res.72), which urged state courts to make child safety the first priority of court decisions involving custody and parenting.   LEGISLATIVE HISTORY: 2019-20 - A.9888 - referred to judiciary   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect 180 days after it shall become law; provided, however, that effective immediately: the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act by the chief administrator of the courts, with the approval of the administrative board of the courts, on its effective date are authorized to be made and completed on or before such effective date.
A02375 Text:
Go to top 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. LBD05749-06-2A. 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.