Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 23, 2022 |
referred to judiciary delivered to assembly passed senate |
May 16, 2022 |
ordered to third reading cal.1374 committee discharged and committed to rules |
May 05, 2022 |
print number 8578b |
May 05, 2022 |
amend and recommit to children and families |
Mar 22, 2022 |
print number 8578a |
Mar 22, 2022 |
amend and recommit to children and families |
Mar 16, 2022 |
referred to children and families |
Senate Bill S8578A
2021-2022 Legislative Session
Sponsored By
(D, WF) 40th Senate District
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
Actions
Votes
Bill Amendments
2021-S8578 - Details
2021-S8578 - Sponsor Memo
BILL NUMBER: S8578 SPONSOR: HARCKHAM TITLE OF BILL: 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 PURPOSE: Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court. SUMMARY OF PROVISIONS: Section 1 & 2 amends sections 70 and 240 of the domestic relations law, respectively, to provide limitations on the court and forensic child custody evaluators in relation to custody or visitation proceedings. Forensic child custody evaluators who have been terminated for cause are not permitted to appear as an expert witness nor shall such court be permitted to order or allow into evidence a forensic report prepared by
2021-S8578 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8578 I N S E N A T E March 16, 2022 ___________ Introduced by Sen. HARCKHAM -- 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 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 HAD THEIR EMPLOYMENT TERMINATED FOR CAUSE. (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 HAD THEIR EMPLOYMENT TERMINATED FOR CAUSE. (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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D, WF) 28th Senate District
(R) 1st Senate District
2021-S8578A - Details
2021-S8578A - Sponsor Memo
BILL NUMBER: S8578A SPONSOR: HARCKHAM TITLE OF BILL: 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 PURPOSE: Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court. SUMMARY OF PROVISIONS: Section 1 & 2 amends sections 70 and 240 of the domestic relations law, respectively, to provide that 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 evaluator, in the context of a custody or visitation proceeding, when such forensic child custody evaluators has been removed
2021-S8578A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8578--A I N S E N A T E March 16, 2022 ___________ Introduced by Sen. HARCKHAM -- 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 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) 30th Senate District
(D) 14th Senate District
(D, WF) 56th Senate District
(D, WF) 28th Senate District
2021-S8578B (ACTIVE) - Details
2021-S8578B (ACTIVE) - Sponsor Memo
BILL NUMBER: S8578B SPONSOR: HARCKHAM TITLE OF BILL: 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 PURPOSE: Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court. SUMMARY OF PROVISIONS: Section 1 & 2 amends sections 70 and 240 of the domestic relations law, respectively, to provide that 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 visita- tion proceeding, when such forensic child custody evaluators has been
2021-S8578B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8578--B I N S E N A T E March 16, 2022 ___________ Introduced by Sens. HARCKHAM, KRUEGER, PALUMBO -- 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 -- 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14752-08-2
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