Bill Text: NY S06385 | 2021-2022 | General Assembly | Amended
Bill Title: Requires that court ordered forensic evaluations involving child custody and visitation be a licensed psychologist, social worker or psychiatrist who has completed a training program developed by the New York State Coalition Against Domestic Violence.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2022-06-01 - SUBSTITUTED BY A2375C [S06385 Detail]
Download: New_York-2021-S06385-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6385--B 2021-2022 Regular Sessions IN SENATE April 26, 2021 ___________ Introduced by Sens. HOYLMAN, PALUMBO, REICHLIN-MELNICK -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the domestic relations law and the executive law, in relation to court ordered forensic evaluations involving child custody and visitation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 240 of the domestic relations law 2 is amended by adding a new paragraph (a-3) to read as follows: 3 (a-3) Court ordered forensic evaluations involving child custody and 4 visitation. (1) The court may appoint a forensic evaluator on behalf of 5 the court to evaluate and investigate the parties and a child or chil- 6 dren in a proceeding involving child custody and visitation provided 7 that the child custody forensic evaluator is a psychologist, social 8 worker or psychiatrist who is licensed in the state of New York and has 9 received within the last two years, a certification of completion for 10 completing the training program pursuant to paragraph (o) of subdivision 11 three of section five hundred seventy-five of the executive law. 12 (2) Notwithstanding any provision of law to the contrary, no individ- 13 ual shall be appointed by a court to conduct a forensic evaluation in a 14 proceeding involving child custody and visitation pursuant to this para- 15 graph unless such individual has received within the last two years, a 16 certification of completion for completing the training program pursuant 17 to paragraph (o) of subdivision three of section five hundred seventy- 18 five of the executive law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05749-07-2S. 6385--B 2 1 (3) A psychologist, social worker or psychiatrist authorized to 2 conduct court ordered child custody forensic evaluations pursuant to 3 this section shall notify the court in which such individual requests to 4 be considered for such court ordered evaluations. Any psychologist, 5 social worker or psychiatrist who no longer meets the requirements of 6 this section in regards to completing within the last two years the 7 training program pursuant to paragraph (o) of subdivision three of 8 section five hundred seventy-five of the executive law shall be obli- 9 gated to inform such courts within seventy-two hours of noncompliance so 10 as to be removed from consideration for court ordered evaluations. 11 (4) Upon appointment, the court shall require such child custody 12 forensic evaluator to show proof of certification for completing within 13 the last two years the training program pursuant to paragraph (o) of 14 subdivision three of section five hundred seventy-five of the executive 15 law. 16 § 2. Paragraph (o) of subdivision 3 of section 575 of the executive 17 law is relettered paragraph (p) and a new paragraph (o) is added to read 18 as follows: 19 (o) (i) Contracting, within amounts appropriated for such purpose, 20 with the not-for-profit entity the New York State Coalition Against 21 Domestic Violence, to develop a training program as described in this 22 paragraph. Such entity shall be responsible for providing such training 23 to psychiatrists, psychologists and social workers who are licensed in 24 the state of New York, so that such individuals may conduct court 25 ordered forensic evaluations involving child custody and visitation 26 pursuant to paragraph (a-3) of subdivision one of section two hundred 27 forty of the domestic relations law; and for reviewing and updating 28 training topics at least once every two years. Such training shall 29 include, but not be limited to, a review of: relevant statutes; case law 30 and psychological definitions of domestic violence; coercive control and 31 child abuse; the dynamics and effects of domestic violence and child 32 abuse, including but not limited to, emotional, financial, physical, 33 technological and sexual abuse; the barriers and fears associated with 34 reporting domestic violence and child abuse and why victims may not have 35 documented evidence of abuse; tactics commonly used by one party to 36 induce fear in another party or child, including verbal, emotional, 37 psychological, and/or economic abuse, isolating techniques, coercive 38 control, and monitoring of a partner's location and activities; liti- 39 gation abuse and demands for custody or joint custody in order to pres- 40 sure the partner to return or punish the partner for leaving; trauma, 41 particularly as it relates to sexual abuse and the risks posed to chil- 42 dren and the long-term dangers and impacts imposed by the presence of 43 adverse childhood experiences; the increased risk of escalating violence 44 that occurs during child custody proceedings; and the danger of basing 45 child custody decisions on claims that a child's deficient or negative 46 relationship with a parent is caused by the other parent. 47 (ii) The office, in consultation with the New York State Coalition 48 Against Domestic Violence, shall determine a reasonable number of train- 49 ing-hours that shall be required for the first instance such program is 50 provided to psychiatrists, psychologists and social workers and a 51 reasonable number of training-hours that shall be required for subse- 52 quent refresher courses provided to such individuals. 53 (iii) The New York State Coalition Against Domestic Violence shall be 54 responsible for providing a certification of completion to each psychia- 55 trist, psychologist or social worker who satisfies the requirements of 56 such training program, so that such individuals may conduct courtS. 6385--B 3 1 ordered forensic evaluations involving child custody and visitation 2 pursuant to paragraph (a-3) of subdivision one of section two hundred 3 forty of the domestic relations law; and 4 § 3. Severability. If any clause, sentence, paragraph, subdivision, 5 section or part of this title shall be adjudged by any court of compe- 6 tent jurisdiction to be invalid, such judgment shall not affect, impair 7 or invalidate the remainder thereof, but shall be confined in its opera- 8 tion to the clause, sentence, paragraph, subdivision, section or part 9 thereof directly involved in the controversy in which such judgment 10 shall have been rendered. It is hereby declared the intent of the legis- 11 lature that this act would have been enacted even if such invalid 12 provisions had not been included herein. 13 § 4. This act shall take effect on the one hundred eightieth day after 14 it shall have become a law. Effective immediately, the addition, amend- 15 ment and/or repeal of any rule or regulation necessary for the implemen- 16 tation of this act by the chief administrator of the courts, with the 17 approval of the administrative board of the courts, on its effective 18 date are authorized to be made and completed on or before such effective 19 date.
