Bill Text: NY S04149 | 2023-2024 | 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 (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S04149 Detail]

Download: New_York-2023-S04149-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4149

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 3, 2023
                                       ___________

        Introduced  by  Sen. PALUMBO -- 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  prohibiting forensic evaluations in a custody or visita-
          tion proceeding; and to repeal  certain  provisions  of  the  domestic
          relations law relating thereto

          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.  Paragraph (a-3) of subdivision 1 of section 240 of the domestic
    15  relations law is REPEALED and a new paragraph (a-3) is added to read  as
    16  follows:
    17    (a-3)  (1)  No  court  shall  order  or allow into evidence a forensic
    18  report in the context of a custody or visitation proceeding.
    19    (2) For the purposes of this paragraph:
    20    (i) "forensic report" shall mean any report or evaluation prepared  by
    21  a  forensic  evaluator  which includes such evaluator's recommendations,
    22  opinions or conclusions as to child custody or visitation; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05025-01-3
        S. 4149                             2

     1    (ii) "forensic evaluator" shall mean a forensic mental health  profes-
     2  sional, a probation service employee, a child protective service employ-
     3  ee  or  any other person authorized by statute or the court to perform a
     4  forensic evaluation relating to a party or a child in  order  to  assist
     5  the court in a child custody or visitation determination.
     6    §  3.  Section  651 of the family court act is amended by adding a new
     7  subdivision (g) to read as follows:
     8    (g) (1) No court shall order or allow into evidence a forensic  report
     9  in the context of a custody or visitation proceeding.
    10    (2) For the purposes of this subdivision:
    11    (i)  "forensic report" shall mean any report or evaluation prepared by
    12  a forensic evaluator which includes  such  evaluator's  recommendations,
    13  opinions or conclusions as to child custody or visitation; and
    14    (ii)  "forensic evaluator" shall mean a forensic mental health profes-
    15  sional, a probation service employee, a child protective service employ-
    16  ee or any other person authorized by statute or the court to  perform  a
    17  forensic  evaluation  relating  to a party or a child in order to assist
    18  the court in a child custody or visitation determination.
    19    § 4. This act shall take effect on the ninetieth day  after  it  shall
    20  have become a law.