NY State Senate Bill 2023-S5385

Senate Bill S5385

2023-2024 Legislative Session

Establishes a moratorium on the use of forensic child custody evaluators in family court proceedings

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Current Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
Mar 03, 2023	referred to children and families

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2023-S5385 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:: S8952

2023-S5385 (ACTIVE) - Summary

Establishes a moratorium on the use of forensic child custody evaluators in family court proceedings by the office of court administration.

2023-S5385 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5385

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the domestic relations law and the family court act, in
relation to establishing a moratorium on the use of forensic child
custody evaluators in family court proceedings

 
PURPOSE:

Establishes a moratorium on the use of forensic child custody evaluators
in family court proceedings

 
SUMMARY OF PROVISIONS:

Section 1 & 2 amend sections 70 and 240 of the domestic relations law,
respectively, to provide a moratorium on forensic child custody evalu-
ators, banning courts from ordering or allowing a forensic custody
report as evidence in relation to custody or visitation proceedings. In
relation to this act forensic child custody evaluators shall mean a
licensed social worker, psychiatrist, and psychologist. Such psychol-

ogists may include but are not limited to:  forensic mental health
professionals, probation service employees, child protective service
employees and/or any other person authorized by statute or court to
perform a forensic evaluation relating to a part or a child in order to
assist the court in a child custody or visitation determination. Addi-
tionally, this section provides that forensic child custody evaluators
shall not be reinstated until all eleven recommendations of the Blue-
Ribbon commission on forensic custody evaluations have been implemented.

Section 3 amends section 651 of the family court act to provide a mora-
torium on forensic child custody evaluators and to ban courts from
ordering or allowing a forensic report as evidence in relation to custo-
dy or visitation proceedings. The terms "forensic child custody evalu-
ator" and "forensic custody report" are defined. In relation to this act
forensic evaluators shall mean a licensed social worker, psychiatrist,
and psychologist. Such psychologists may include but are not limited to:
forensic mental health professionals, probation service employees, child
protective service employees and/or any other person authorized by stat-
ute or court to perform a forensic evaluation relating to a part or a
child in order to assist the court in a child custody or visitation
determination. Additionally, this section provides that forensic child
custody evaluators shall not be reinstated until all eleven recommenda-
tions of the Blue-Ribbon commission on forensic custody evaluations have
been implemented.

Section 4 states the effective date.

 
JUSTIFICATION:

Forensic custody evaluations are in-depth analyses used by courts as
evidence to help to determine child custody and parenting time. In 2021,
the State's Blue-Ribbon Commission on Forensic Custody Evaluations, (The
Commission) investigated the court's use of forensic custody evaluators
after hearing from stakeholders who reported negative experiences. Such
report concluded that statewide there is no consistent approach regard-
ing who may act as a forensic custody evaluator, how evaluators should
conduct these evaluations, or how incompetent or unethical evaluations
may be subject to review.  The Commission's report has provided a list
of eleven recommendations they believe the state should implement moving
forward.

This bill seeks to create a moratorium on the use of forensic evaluators
in family court proceedings until the state has implemented all eleven
recommendations of the Blue-Ribbon commission on forensic custody evalu-
ators. Such change will begin the process of protecting our youth while
the state prepares to create comprehensive standards.

 
LEGISLATIVE HISTORY:

2021-2022: S8952/A10328 - Died in Children and Families/Died in Judici-
ary

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5385 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5385
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, CLEARE, COMRIE, COONEY, KRUEGER, PALUMBO,
   RAMOS -- 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 establishing a moratorium on the  use  of  forensic  child
   custody evaluators in family court proceedings
 
   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) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THERE IS
 HEREBY  ESTABLISHED  A  MORATORIUM  ON THE USE OF FORENSIC CHILD CUSTODY
 EVALUATORS IN FAMILY COURT PROCEEDINGS. NO COURT SHALL  ORDER  OR  ALLOW
 INTO  EVIDENCE  A FORENSIC CUSTODY REPORT IN THE CONTEXT OF A CUSTODY OR
 VISITATION PROCEEDING.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "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; AND
   (II) "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.
   (3)  FORENSIC  CHILD  CUSTODY EVALUATORS SHALL NOT BE REINSTATED UNTIL
 ALL ELEVEN RECOMMENDATIONS OF THE  BLUE-RIBBON  COMMISSION  ON  FORENSIC
 CUSTODY EVALUATIONS HAVE BEEN IMPLEMENTED.
   §  2.    Subdivision 1 of section 240 of the domestic relations law is
 amended by adding a new paragraph (a-4) to read as follows:
   (A-4) (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  THERE
 IS  HEREBY ESTABLISHED A MORATORIUM ON THE USE OF FORENSIC CHILD CUSTODY
 EVALUATORS IN FAMILY COURT PROCEEDINGS. NO COURT SHALL  ORDER  OR  ALLOW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09980-01-3

 S. 5385                             2
 
 INTO  EVIDENCE  A FORENSIC CUSTODY REPORT IN THE CONTEXT OF A CUSTODY OR
 VISITATION PROCEEDING.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "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; AND
   (II) "FORENSIC EVALUATOR" SHALL MEAN A LICENSED PSYCHIATRIST, PSYCHOL-
 OGIST  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.
   (3)  FORENSIC  CHILD  CUSTODY EVALUATORS SHALL NOT BE REINSTATED UNTIL
 ALL ELEVEN RECOMMENDATIONS OF THE  BLUE-RIBBON  COMMISSION  ON  FORENSIC
 CUSTODY EVALUATIONS HAVE BEEN IMPLEMENTED.
   §  3.  Section  651 of the family court act is amended by adding a new
 subdivision (g) to read as follows:
   (G) 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THERE  IS
 HEREBY  ESTABLISHED  A  MORATORIUM  ON THE USE OF FORENSIC CHILD CUSTODY
 EVALUATORS IN FAMILY COURT PROCEEDINGS. NO COURT SHALL  ORDER  OR  ALLOW
 INTO  EVIDENCE  A FORENSIC CUSTODY REPORT IN THE CONTEXT OF A CUSTODY OR
 VISITATION PROCEEDING.
   2. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CUSTODY REPORT" SHALL  MEAN  ANY  REPORT  OR  EVALUATION
 PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR WHICH INCLUDES SUCH EVAL-
 UATOR'S  RECOMMENDATIONS, OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR
 VISITATION; AND
   (II) "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.
   3. FORENSIC CHILD CUSTODY EVALUATORS SHALL NOT BE REINSTATED UNTIL ALL
 ELEVEN RECOMMENDATIONS OF THE BLUE-RIBBON COMMISSION ON FORENSIC CUSTODY
 EVALUATIONS HAVE BEEN IMPLEMENTED.
   § 4. This act shall take effect immediately.

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