New York State Assembly

 
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A02375 Summary:

A02375 Actions:

A02375 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/26/2021AYE/NAY:21/0  Action: Favorable refer to committee Codes        
Lavine
Aye
Montesano
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Quart
Aye
Brown
Aye
Steck
Aye
Tannousis
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye

Committee:CODES   Chair:Dinowitz      
DATE:06/02/2021AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/10/2021AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Nolan
Excused
Hawley
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Norris
Aye
Cook
Aye
Brabenec
Aye
Cahill
Aye
Palmesano
Aye
Aubry
Aye
Byrne
Aye
Cusick
Aye
Ashby
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/10/2021AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A02375 Floor Votes:

A02375 Text:

 
                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.