senate Bill S4686

2019-2020 Legislative Session

Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
May 20, 2019 advanced to third reading
May 15, 2019 2nd report cal.
May 14, 2019 1st report cal.765
Mar 20, 2019 referred to children and families

Votes

view votes

May 14, 2019 - Children and Families committee Vote

S4686
3
1
committee
3
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 14, 2019

nay (1)
aye wr (3)

Co-Sponsors

S4686 (ACTIVE) - Details

See Assembly Version of this Bill:
A5621
Current Committee:
Senate Rules
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, Dom Rel L; amd §§251 & 651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2013-2014: A8342
2015-2016: S7089, A290
2017-2018: S6300, A1533

S4686 (ACTIVE) - Summary

Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings.

S4686 (ACTIVE) - Sponsor Memo

S4686 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4686

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- 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 child custody forensic reports

  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)  COURT ORDERED FORENSIC EVALUATIONS IN PROCEEDINGS INVOLVING CHILD
CUSTODY AND VISITATION. WHERE A COURT ORDER IS ISSUED FOR AN  EVALUATION
OR  INVESTIGATION  OF THE PARTIES OR A CHILD BY A FORENSIC MENTAL HEALTH
PROFESSIONAL, A PROBATION SERVICE, A CHILD  PROTECTIVE  SERVICE  OR  ANY
OTHER  PERSON  AUTHORIZED  BY  STATUTE,  ALL OF WHOM SHALL BE CONSIDERED
"COURT ORDERED EVALUATORS" FOR PURPOSES OF THIS  SUBDIVISION,  APPOINTED
BY  THE COURT TO ASSIST WITH THE DETERMINATION OF CHILD CUSTODY OR VISI-
TATION PURSUANT TO THIS ARTICLE, FOR  PURPOSES  OF  SUCH  COURT  ORDERED
FORENSIC EVALUATIONS AND INVESTIGATIONS:
  (1)  ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED EVALUATOR,
TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR  REVIEW  OF  A  FORENSIC  REPORT  IN ADVANCE OF AND DURING TRIAL. ANY
CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
LANGUAGE ACCESS AND DISABILITY. UPON APPLICATION BY COUNSEL OR  A  PARTY
THE  COURT  SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY OF THE
COURT ORDERED EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH  TWO  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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