|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|
senate Bill S4686
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4686 (ACTIVE) - Details
S4686 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4686 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the domestic relations law and the family court act, in relation to child custody forensic reports PURPOSE OF BILL: This legislation provides for uniform access to court ordered forensic mental health evaluation reports and underlying data by litigants, their counsels and the counsel for the attorney for the child in child custody and visitation cases. SUMMARY OF PROVISIONS OF BILL: Sections 1 and 2. Amend sections 70 and subdivision 1 of section 240 of the domestic relations law respectively, to provide that where a court order is issued for an evaluation of the parties or a child by a foren- sic mental health professional or any other person appointed by the court to assist with the determination of child custody or visitation, any report prepared by the forensic evaluator shall be confidential and
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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