NY State Assembly Bill 2021-A10087A

Assembly Bill A10087A

2021-2022 Legislative Session

Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2022	print number 10087a
May 06, 2022	amend and recommit to judiciary
Apr 29, 2022	referred to judiciary

Bill Amendments

Original

A (Active)

2021-A10087 - Details

See Senate Version of this Bill:: S8578
Current Committee:: Assembly Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S2084

2021-A10087 - Summary

Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

2021-A10087 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10087
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. PAULIN -- 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 certain forensic child custody evaluators from
   appearing as an expert witness in family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  70  of  the domestic relations law is amended by
 adding a new subdivision (c) to read as follows:
   (C) (1) NO COURT SHALL PERMIT A FORENSIC CHILD  CUSTODY  EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC REPORT PREPARED BY SUCH FORENSIC CHILD CUSTODY EVAL-
 UATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,  WHEN  SUCH
 FORENSIC  CHILD  CUSTODY  EVALUATOR  HAS  BEEN REMOVED FROM THE PANEL OF
 FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH  PROFESSIONALS  CERTIF-
 ICATION  COMMITTEE  OR  OTHER SUPERVISORY BODY, HAS OFFERED TO STEP DOWN
 FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT  WITH  THE  COMMITTEE  OR
 OTHER  SUPERVISOR BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL NO
 LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY THE COURT  IN
 A CHILD CUSTODY OR VISITATION DETERMINATION.
   §  2.  Subdivision  1  of section 240 of the domestic relations law is
 amended by adding a new paragraph (a-3) to read as follows:
   (A-3) (1) NO COURT SHALL PERMIT A FORENSIC CHILD CUSTODY EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC REPORT PREPARED BY SUCH FORENSIC CHILD CUSTODY EVAL-
 UATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,  WHEN  SUCH
 FORENSIC  CHILD  CUSTODY  EVALUATOR  HAS  BEEN REMOVED FROM THE PANEL OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14752-07-2
 A. 10087                            2
 
 FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH  PROFESSIONALS  CERTIF-
 ICATION  COMMITTEE  OR  OTHER SUPERVISORY BODY, HAS OFFERED TO STEP DOWN
 FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT  WITH  THE  COMMITTEE  OR
 OTHER  SUPERVISOR BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL NO
 LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY THE COURT  IN
 A CHILD CUSTODY OR VISITATION DETERMINATION.
   §  3.  Section  651 of the family court act is amended by adding a new
 subdivision (g) to read as follows:
   (G) 1. NO COURT SHALL PERMIT A FORENSIC  CHILD  CUSTODY  EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC REPORT, OR UPDATED REPORT, PREPARED BY SUCH FORENSIC
 CHILD CUSTODY EVALUATOR, TO BE ENTERED INTO EVIDENCE AT A HEARING, OR IN
 ANY PROCEEDING INVOLVING  CUSTODY  OR  VISITATION,  WHERE  THE  FORENSIC
 CUSTODY  EVALUATOR'S  TESTIMONY HAS BEEN BARRED OR EXCLUDED, IN WHOLE OR
 IN PART, FOR ANY REASON.
   2. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED BY A FORENSIC EVALUATOR AND USED BY THE COURT IN A CHILD CUSTO-
 DY OR VISITATION DETERMINATION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law,  provided, however, that effective immediately the
 chief administrator of the courts, with the approval of the  administra-
 tive  board  of the courts, is authorized to promulgate any rules neces-
 sary to implement the provisions of this act on or before such effective
 date.

co-Sponsors

2021-A10087A (ACTIVE) - Details

See Senate Version of this Bill:: S8578
Current Committee:: Assembly Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S2084

2021-A10087A (ACTIVE) - Summary

Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

2021-A10087A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10087--A
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Judiciary -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation to prohibiting certain forensic child custody evaluators from
   appearing as an expert witness in family court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 70 of the domestic  relations  law  is  amended  by
 adding a new subdivision (c) to read as follows:
   (C)  (1)  NO  COURT SHALL PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE  A  FORENSIC  CUSTODY  REPORT  PREPARED  BY SUCH FORENSIC CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN SUCH FORENSIC CHILD CUSTODY EVALUATOR HAS  BEEN  REMOVED  FROM  THE
 PANEL  OF FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH PROFESSIONALS
 CERTIFICATION COMMITTEE OR OTHER SUPERVISORY BODY, HAS OFFERED  TO  STEP
 DOWN  FROM  THE PANEL, OR HAS NEGOTIATED A SETTLEMENT WITH THE COMMITTEE
 OR OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL
 NO LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II) "FORENSIC CUSTODY REPORT" SHALL MEAN ANY  REPORT,  ASSESSMENT  OR
 EVALUATION  PREPARED  BY  A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   § 2. Subdivision 1 of section 240 of the  domestic  relations  law  is
 amended by adding a new paragraph (a-3) to read as follows:
   (A-3)  (1) NO COURT SHALL PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE  A  FORENSIC  CUSTODY  REPORT  PREPARED  BY SUCH FORENSIC CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14752-09-2
 A. 10087--A                         2
 
 WHEN SUCH FORENSIC CHILD CUSTODY EVALUATOR HAS  BEEN  REMOVED  FROM  THE
 PANEL  OF FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH PROFESSIONALS
 CERTIFICATION COMMITTEE OR OTHER SUPERVISORY BODY, HAS OFFERED  TO  STEP
 DOWN  FROM  THE PANEL, OR HAS NEGOTIATED A SETTLEMENT WITH THE COMMITTEE
 OR OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL
 NO LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II) "FORENSIC CUSTODY REPORT" SHALL MEAN ANY  REPORT,  ASSESSMENT  OR
 EVALUATION  PREPARED  BY  A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   § 3. Section 651 of the family court act is amended by  adding  a  new
 subdivision (g) to read as follows:
   (G)  1.  NO  COURT  SHALL PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE  A  FORENSIC  CUSTODY  REPORT  PREPARED  BY SUCH FORENSIC CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN SUCH CHILD CUSTODY EVALUATOR HAS BEEN REMOVED  FROM  THE  PANEL  OF
 FORENSIC  CUSTODY  EVALUATORS BY THE MENTAL HEALTH PROFESSIONALS CERTIF-
 ICATION COMMITTEE OR OTHER SUPERVISORY BODY, HAS OFFERED  TO  STEP  DOWN
 FROM  THE  PANEL,  OR  HAS NEGOTIATED A SETTLEMENT WITH THE COMMITTEE OR
 OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL NO
 LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   2. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II) "FORENSIC CUSTODY REPORT" SHALL MEAN ANY  REPORT,  ASSESSMENT  OR
 EVALUATION  PREPARED  BY  A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law,  provided, however, that effective immediately the
 chief administrator of the courts, with the approval of the  administra-
 tive  board  of the courts, is authorized to promulgate any rules neces-
 sary to implement the provisions of this act on or before such effective
 date.

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Assembly Bill A10087A

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