Bill Text: NY S07089 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S07089 Detail]
Download: New_York-2015-S07089-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7089 IN SENATE March 23, 2016 ___________ Introduced by Sen. SAVINO -- 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 child custody forensic reports 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) Court ordered forensic evaluations in proceedings involving child 4 custody and visitation. Where a court order is issued for an evaluation 5 or investigation of the parties or a child by a forensic mental health 6 professional, a probation service, a child protective service or any 7 other person authorized by statute, all of whom shall be considered 8 "court ordered evaluators" for purposes of this subdivision, appointed 9 by the court to assist with the determination of child custody or visi- 10 tation pursuant to this article, for purposes of such court ordered 11 forensic evaluations and investigations: 12 (1) Any report or evaluation prepared by the court ordered evaluator, 13 to be known as a "forensic report" for the purposes of this subdivision, 14 shall be confidential and kept under seal except that, all parties, 15 their attorneys and the attorney for the child shall have a right to 16 receive a copy of any such forensic report upon receipt of such a report 17 by the court, subject to the provisions of section three thousand one 18 hundred three of the civil practice law and rules. Provided, however, in 19 no event shall a party or his or her counsel be prevented from access to 20 or review of a forensic report in advance of and during trial. Any 21 conditions or limitations imposed by the court pursuant to this subdivi- 22 sion relating to disclosure of the forensic report shall accommodate for 23 language access and disability. Upon application by counsel or a party 24 the court shall permit a copy of the forensic report and a copy of the 25 court ordered evaluator's files as provided for under paragraph two of 26 this subdivision to be provided to any person retained to assist counsel 27 or any party, subject to the provisions of section three thousand one 28 hundred three of the civil practice law and rules; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00074-01-5