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.