Assembly Bill A10328

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10328
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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  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-3) to read as follows:
   (A-3)  (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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14754-04-2
              

 A. 10328                            2
 
   (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.