S T A T E O F N E W Y O R K
________________________________________________________________________
3503
2021-2022 Regular Sessions
I N A S S E M B L Y
January 27, 2021
___________
Introduced by M. of A. HEVESI, EPSTEIN -- 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 forensic evaluations in a custody or visita-
tion proceeding
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 ORDER OR ALLOW INTO EVIDENCE A FORENSIC REPORT
IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
(2) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED BY
A FORENSIC EVALUATOR WHICH INCLUDES SUCH EVALUATOR'S RECOMMENDATIONS,
OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
(II) "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH PROFES-
SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
EE OR ANY OTHER PERSON 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.
§ 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 ORDER OR ALLOW INTO EVIDENCE A FORENSIC
REPORT IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
(2) FOR THE PURPOSES OF THIS PARAGRAPH:
(I) "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED BY
A FORENSIC EVALUATOR WHICH INCLUDES SUCH EVALUATOR'S RECOMMENDATIONS,
OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
(II) "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH PROFES-
SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
EE OR ANY OTHER PERSON AUTHORIZED BY STATUTE OR THE COURT TO PERFORM A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01588-01-1
A. 3503 2
FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER TO ASSIST
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 ORDER OR ALLOW INTO EVIDENCE A FORENSIC REPORT
IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
(2) FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED BY
A FORENSIC EVALUATOR WHICH INCLUDES SUCH EVALUATOR'S RECOMMENDATIONS,
OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
(II) "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH PROFES-
SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
EE OR ANY OTHER PERSON 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.
§ 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.