Bill Text: NY A03503 | 2021-2022 | General Assembly | Introduced
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 7-0)
Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A03503 Detail]
Download: New_York-2021-A03503-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3503 2021-2022 Regular Sessions IN ASSEMBLY January 27, 2021 ___________ Introduced by M. of A. HEVESI, EPSTEIN -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01588-01-1A. 3503 2 1 forensic evaluation relating to a party or a child in order to assist 2 the court in a child custody or visitation determination. 3 § 3. Section 651 of the family court act is amended by adding a new 4 subdivision (g) to read as follows: 5 (g) (1) No court shall order or allow into evidence a forensic report 6 in the context of a custody or visitation proceeding. 7 (2) For the purposes of this subdivision: 8 (i) "forensic report" shall mean any report or evaluation prepared by 9 a forensic evaluator which includes such evaluator's recommendations, 10 opinions or conclusions as to child custody or visitation; and 11 (ii) "forensic evaluator" shall mean a forensic mental health profes- 12 sional, a probation service employee, a child protective service employ- 13 ee or any other person authorized by statute or the court to perform a 14 forensic evaluation relating to a party or a child in order to assist 15 the court in a child custody or visitation determination. 16 § 4. This act shall take effect on the ninetieth day after it shall 17 have become a law, provided, however, that effective immediately the 18 chief administrator of the courts, with the approval of the administra- 19 tive board of the courts, is authorized to promulgate any rules neces- 20 sary to implement the provisions of this act on or before such effective 21 date.