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
________________________________________________________________________
10424
IN ASSEMBLY
May 11, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
read once and referred to the Committee on Judiciary
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
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. Subdivision 1 of section 240 of the domestic relations law is
15 amended by adding a new paragraph (a-3) to read as follows:
16 (a-3) (1) No court shall order or allow into evidence a forensic
17 report in the context of a custody or visitation proceeding.
18 (2) For the purposes of this paragraph:
19 (i) "forensic report" shall mean any report or evaluation prepared by
20 a forensic evaluator which includes such evaluator's recommendations,
21 opinions or conclusions as to child custody or visitation; and
22 (ii) "forensic evaluator" shall mean a forensic mental health profes-
23 sional, a probation service employee, a child protective service employ-
24 ee or any other person authorized by statute or the court to perform a
25 forensic evaluation relating to a party or a child in order to assist
26 the court in a child custody or visitation determination.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15127-02-0
A. 10424 2
1 § 3. Section 651 of the family court act is amended by adding a new
2 subdivision (g) to read as follows:
3 (g) (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 § 4. This act shall take effect on the ninetieth day after it shall
15 have become a law, provided, however, that effective immediately the
16 chief administrator of the courts, with the approval of the administra-
17 tive board of the courts, is authorized and directed to promulgate any
18 rules necessary to implement the provisions of this act on or before
19 such effective date.
