Bill Text: NY A10424 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-11 - referred to judiciary [A10424 Detail]

Download: New_York-2019-A10424-Introduced.html

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                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.