NY State Senate Bill 2021-S6385B

Archive: Last Bill Status Via A2375 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	returned to assembly passed senate 3rd reading cal.1760 substituted for s6385b
Jun 01, 2022	substituted by a2375c ordered to third reading cal.1760 committee discharged and committed to rules
Feb 16, 2022	print number 6385b
Feb 16, 2022	amend and recommit to children and families
Jan 05, 2022	referred to children and families
May 20, 2021	print number 6385a
May 20, 2021	amend and recommit to children and families
Apr 26, 2021	referred to children and families

Votes

- Jun 1, 2022 - Floor Vote
  A2375
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 1, 2022 - Rules Committee Vote
  S6385B
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

Bill Amendments

Original

B (Active)

2021-S6385 - Details

See Assembly Version of this Bill:: A2375
Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §575, Exec L
Versions Introduced in 2019-2020 Legislative Session:: A9888

2021-S6385 - Summary

Requires that court ordered forensic evaluations involving child custody and visitation be a licensed psychologist, social worker or psychiatrist who has completed a training program developed by the New York State Coalition Against Domestic Violence.

2021-S6385 - Sponsor Memo

                                
 
BILL NUMBER: S6385

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the domestic relations law and the executive law, in
relation to court ordered forensic evaluations involving child custody
and visitation

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require child custody forensic evaluators
that are appointed by the court to evaluate and investigate parties in a
proceeding involving child custody and visitation to: (1) be a psychol-
ogist, social worker or psychiatrist, and (2) undergo biennial domestic
violence-related training, also established by this bill, in order qual-
ify for such appointment.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 240 of the domestic relations

law to add a new paragraph (a-4) which states that a court may appoint a
child custody forensic evaluator to evaluate and investigate the parties
and a child or children in a proceeding, provided such individual is a
psychologist, social worker or psychiatrist who is licensed in the state
of New York and has undergone the required biennial domestic violence-
related training.  The new paragraph requires a child custody forensic
evaluator to notify the court in which such individual requests to be
considered for such court ordered evaluations; requires such individuals
to notify the court should they fall out of compliance (regarding the
biennial training requirement); and includes training documentation
requirements. Finally, the paragraph states that nothing shall prohibit
a party to a relevant proceeding from filing a private right of action
against a child custody forensic evaluator.

Section 2 amends subdivision three of section five hundred seventy-five
of the executive law to add a new paragraph (n) to require the Office
for the Prevention of Domestic Violence (OPDV) to contract with the
not-for-profit entity, the New York State Coalition Against Domestic
Violence (NYSCADV) to develop a training program for psychiatrists,
psychologists and social workers, so that such individuals may conduct
court ordered forensic evaluations involving child custody and visita-
tion pursuant to the above section. The new paragraph lists the topics
that shall be comprise such training, including but not limited to:
relevant statutes, case law and psychological definitions of domestic
violence, coercive control and child abuse; the dynamics and effects of
domestic violence and child abuse; trauma, particularly as it relates to
sexual abuse and the risks posed to children and the long-term dangers
and impacts imposed by the presence of adverse childhood experiences;
and the danger of basing child custody decisions on claims that a
child's deficient or negative relationship with a parent is caused by
the other parent.  The new paragraph requires the issuance of a certif-
ication of completion for such course and requires OPDV to consult with
NYSCADV to determine the number of training-hours for the first instance
such training is provided, and the number of training hours subsequent
refresher courses are provided to individuals taking them on a biennial
basis.

 
JUSTIFICATION:
According to the Center for Judicial Excellence (CJE), a child advocacy
not-for-profit organization that promotes judicial accountability and
child safety, more than 700 children across the nation have been killed
by a parent or parental-figure during circumstances involving divorce,
separation, custody, visitation or child support since 2008. Addi-
tionally, CJE has found that at least ninety-eight children in forty
states have been killed by a parent or parental-figure after a family
court allowed unsupervised contact with the child - after the court was
informed beforehand about the parent's or parental-figure's violent
history, mental illness, or risk of harming a child.

In New York Family Court, custody of a child can be heavily influenced
by court appointed Forensic Evaluators, though their training or educa-
tional and professional experiences vary greatly across the state. Even
though these court appointed evaluators typically conduct mental health
evaluations, they are currently not required to be licensed mental
health professionals. They produce forensic reports that are often foun-
dational in informing the court's decision of a custody or visitation
dispute. Currently no mandatory standards or trainings exist for court
appointed evaluators, nor are they established for competence in the
nuances of domestic violence involved child custody cases. Tragically,
and despite the existence of an evaluative process, there have been many
instances in New York where children have been killed after the court
granted unsupervised visitation to their murderer.

In an effort to address this deficiency in the court system, this bill
would require evaluators appointed on behalf of the court to be a
psychologist, social worker or psychiatrist who has undergone the
required biennial domestic violence-related training. The bill requires
the Office for the Prevention of Domestic Violence (OPDV) to contract
with the New York State Coalition Against Domestic Violence (NYSCADV) to
develop a training program for such individuals that covers various
aspects related to domestic violence. As an organization that is desig-
nated by the federal Department of Health and Human Services to coordi-
nate statewide improvements within local communities, social service
systems, and programming regarding the prevention and intervention of
domestic violence, NYSCADV has experience in providing domestic violence
related training and has been included in recent chapters requiring such
training in other sectors (see chapter 715 of 2019 and chapter 391 of
2019).

With training and an awareness of the impact domestic violence has on
victims (among other specific topics), custody evaluators will be better
prepared to provide evaluations that are in the best interest of the
child. Finally, this bill's requirements are an acknowledgement of a
2018 congressional resolution (H.Con.Res.72), which urged state courts
to make child safety the first priority of court decisions involving
custody and parenting.

 
LEGISLATIVE HISTORY:

2019-20 - A.9888 - referred to judiciary

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall become law; provided,
however, that effective immediately: the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act by the chief administrator of the courts, with the approval of
the administrative board of the courts, on its effective date are
authorized to be made and completed on or before such effective date.

2021-S6385 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6385
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  executive  law,  in
   relation to court ordered forensic evaluations involving child custody
   and visitation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 240 of the domestic relations  law
 is amended by adding a new paragraph (a-4) to read as follows:
   (A-4)  COURT  ORDERED FORENSIC EVALUATIONS INVOLVING CHILD CUSTODY AND
 VISITATION. (1) THE COURT MAY APPOINT A FORENSIC EVALUATOR ON BEHALF  OF
 THE  COURT  TO EVALUATE AND INVESTIGATE THE PARTIES AND A CHILD OR CHIL-
 DREN IN A PROCEEDING INVOLVING CHILD  CUSTODY  AND  VISITATION  PROVIDED
 THAT  THE  CHILD  CUSTODY  FORENSIC  EVALUATOR IS A PSYCHOLOGIST, SOCIAL
 WORKER OR PSYCHIATRIST WHO IS LICENSED IN THE STATE OF NEW YORK AND  HAS
 RECEIVED  WITHIN  THE  LAST TWO YEARS, A CERTIFICATION OF COMPLETION FOR
 COMPLETING THE TRAINING PROGRAM PURSUANT TO PARAGRAPH (N) OF SUBDIVISION
 THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW.
   (2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO  INDIVID-
 UAL  SHALL BE APPOINTED BY A COURT TO CONDUCT A FORENSIC EVALUATION IN A
 PROCEEDING INVOLVING CHILD CUSTODY AND VISITATION PURSUANT TO THIS PARA-
 GRAPH UNLESS SUCH INDIVIDUAL HAS RECEIVED WITHIN THE LAST TWO  YEARS,  A
 CERTIFICATION OF COMPLETION FOR COMPLETING THE TRAINING PROGRAM PURSUANT
 TO  PARAGRAPH  (N) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED SEVENTY-
 FIVE OF THE EXECUTIVE LAW.
   (3)   A PSYCHOLOGIST, SOCIAL  WORKER  OR  PSYCHIATRIST  AUTHORIZED  TO
 CONDUCT  COURT  ORDERED  CHILD  CUSTODY FORENSIC EVALUATIONS PURSUANT TO
 THIS SECTION SHALL NOTIFY THE COURT IN WHICH SUCH INDIVIDUAL REQUESTS TO
 BE CONSIDERED FOR SUCH COURT ORDERED  EVALUATIONS.    ANY  PSYCHOLOGIST,
 SOCIAL  WORKER  OR  PSYCHIATRIST WHO NO LONGER MEETS THE REQUIREMENTS OF
 THIS SECTION IN REGARDS TO COMPLETING WITHIN  THE  LAST  TWO  YEARS  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05749-03-1

 S. 6385                             2
 
 TRAINING  PROGRAM  PURSUANT  TO  PARAGRAPH  (N)  OF SUBDIVISION THREE OF
 SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW  SHALL  BE  OBLI-
 GATED TO INFORM SUCH COURTS WITHIN SEVENTY-TWO HOURS OF NONCOMPLIANCE SO
 AS TO BE REMOVED FROM CONSIDERATION FOR COURT ORDERED EVALUATIONS.
   (4)  UPON  APPOINTMENT,  THE  COURT  SHALL  REQUIRE SUCH CHILD CUSTODY
 FORENSIC EVALUATOR TO SHOW PROOF OF CERTIFICATION FOR COMPLETING  WITHIN
 THE  LAST  TWO  YEARS  THE TRAINING PROGRAM PURSUANT TO PARAGRAPH (N) OF
 SUBDIVISION THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE  EXECUTIVE
 LAW.
   (5)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTH-
 ING IN THIS PARAGRAPH SHALL PROHIBIT A PARTY TO A  PROCEEDING  INVOLVING
 CHILD  CUSTODY  AND  VISITATION  FROM  FILING  A PRIVATE RIGHT OF ACTION
 AGAINST A CHILD CUSTODY FORENSIC EVALUATOR INVOLVED IN SUCH PROCEEDING.
   § 2. Paragraph (n) of subdivision 3 of section 575  of  the  executive
 law is relettered paragraph (o) and a new paragraph (n) is added to read
 as follows:
   (N)  (I)  CONTRACTING,  WITHIN  AMOUNTS APPROPRIATED FOR SUCH PURPOSE,
 WITH THE NOT-FOR-PROFIT ENTITY THE  NEW  YORK  STATE  COALITION  AGAINST
 DOMESTIC  VIOLENCE,  TO  DEVELOP A TRAINING PROGRAM AS DESCRIBED IN THIS
 PARAGRAPH.  SUCH ENTITY SHALL BE RESPONSIBLE FOR PROVIDING SUCH TRAINING
 TO PSYCHIATRISTS, PSYCHOLOGISTS AND SOCIAL WORKERS WHO ARE  LICENSED  IN
 THE  STATE  OF  NEW  YORK,  SO  THAT  SUCH INDIVIDUALS MAY CONDUCT COURT
 ORDERED FORENSIC EVALUATIONS  INVOLVING  CHILD  CUSTODY  AND  VISITATION
 PURSUANT  TO  PARAGRAPH  (A-4) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 FORTY OF THE DOMESTIC RELATIONS LAW;  AND  FOR  REVIEWING  AND  UPDATING
 TRAINING  TOPICS  AT  LEAST  ONCE  EVERY  TWO YEARS. SUCH TRAINING SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF: RELEVANT STATUTES; CASE LAW
 AND PSYCHOLOGICAL DEFINITIONS OF DOMESTIC VIOLENCE; COERCIVE CONTROL AND
 CHILD ABUSE; THE DYNAMICS AND EFFECTS OF  DOMESTIC  VIOLENCE  AND  CHILD
 ABUSE,  INCLUDING  BUT  NOT  LIMITED TO, EMOTIONAL, FINANCIAL, PHYSICAL,
 TECHNOLOGICAL AND SEXUAL ABUSE; THE BARRIERS AND FEARS  ASSOCIATED  WITH
 REPORTING DOMESTIC VIOLENCE AND CHILD ABUSE AND WHY VICTIMS MAY NOT HAVE
 DOCUMENTED  EVIDENCE  OF  ABUSE;  TACTICS  COMMONLY USED BY ONE PARTY TO
 INDUCE FEAR IN ANOTHER PARTY  OR  CHILD,  INCLUDING  VERBAL,  EMOTIONAL,
 PSYCHOLOGICAL,  AND/OR  ECONOMIC  ABUSE,  ISOLATING TECHNIQUES, COERCIVE
 CONTROL, AND MONITORING OF A PARTNER'S LOCATION  AND  ACTIVITIES;  LITI-
 GATION  ABUSE AND DEMANDS FOR CUSTODY OR JOINT CUSTODY IN ORDER TO PRES-
 SURE THE PARTNER TO RETURN OR PUNISH THE PARTNER  FOR  LEAVING;  TRAUMA,
 PARTICULARLY  AS IT RELATES TO SEXUAL ABUSE AND THE RISKS POSED TO CHIL-
 DREN AND THE LONG-TERM DANGERS AND IMPACTS IMPOSED BY  THE  PRESENCE  OF
 ADVERSE CHILDHOOD EXPERIENCES; THE INCREASED RISK OF ESCALATING VIOLENCE
 THAT  OCCURS  DURING CHILD CUSTODY PROCEEDINGS; AND THE DANGER OF BASING
 CHILD CUSTODY DECISIONS ON CLAIMS THAT A CHILD'S DEFICIENT  OR  NEGATIVE
 RELATIONSHIP WITH A PARENT IS CAUSED BY THE OTHER PARENT.
   (II)  THE  OFFICE,  IN  CONSULTATION WITH THE NEW YORK STATE COALITION
 AGAINST DOMESTIC VIOLENCE, SHALL DETERMINE THE NUMBER OF  TRAINING-HOURS
 FOR  THE  FIRST  INSTANCE  SUCH  PROGRAM  IS  PROVIDED TO PSYCHIATRISTS,
 PSYCHOLOGISTS AND SOCIAL WORKERS AND THE NUMBER  OF  TRAINING-HOURS  FOR
 SUBSEQUENT REFRESHER COURSES PROVIDED TO SUCH INDIVIDUALS.
   (III)  THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE SHALL BE
 RESPONSIBLE FOR PROVIDING A CERTIFICATION OF COMPLETION TO EACH PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER WHO SATISFIES THE  REQUIREMENTS  OF
 SUCH  TRAINING  PROGRAM,  SO  THAT  SUCH  INDIVIDUALS  MAY CONDUCT COURT
 ORDERED FORENSIC EVALUATIONS  INVOLVING  CHILD  CUSTODY  AND  VISITATION
 PURSUANT  TO  PARAGRAPH  (A-4) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 FORTY OF THE DOMESTIC RELATIONS LAW.

 S. 6385                             3
 
   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or  part of this title shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect,  impair
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion  to  the  clause, sentence, paragraph, subdivision, section or part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall have been rendered. It is hereby declared the intent of the legis-
 lature  that  this  act  would  have  been  enacted even if such invalid
 provisions had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this  act by the chief administrator of the courts, with the
 approval of the administrative board of the  courts,  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.

co-Sponsors

2021-S6385A - Details

See Assembly Version of this Bill:: A2375
Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §575, Exec L
Versions Introduced in 2019-2020 Legislative Session:: A9888

2021-S6385A - Summary

2021-S6385A - Sponsor Memo

                                
 
BILL NUMBER: S6385A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the domestic relations law and the executive law, in
relation to court ordered forensic evaluations involving child custody
and visitation

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require child custody forensic evaluators
that are appointed by the court to evaluate and investigate parties in a
proceeding involving child custody and visitation to: (1) be a psychol-
ogist, social worker or psychiatrist, and (2) undergo biennial domestic
violence-related training, also established by this bill, in order qual-
ify for such appointment.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 240 of the domestic relations

law to add a new paragraph (a-4) which states that a court may appoint a
child custody forensic evaluator to evaluate and investigate the parties
and a child or children in a proceeding, provided such individual is a
psychologist, social worker or psychiatrist who is licensed in the state
of New York and has undergone the required biennial domestic violence-
related training.  The new paragraph requires a child custody forensic
evaluator to-notify the court in which such individual requests to be
considered for such court ordered evaluations; requires such individuals
to notify the court should they fall out of compliance(regarding the
biennial training requirement); and includes training documentation
requirements.

Section 2 amends subdivision three of section five hundred seventy-five
of the executive law to add a new paragraph (n) to require the Office
for the Prevention of Domestic Violence (OPDV) to contract with the
not-for-profit entity, the New York State Coalition Against Domestic
Violence (NYSCADV) to develop a training program for psychiatrists,
psychologists and social workers, so that such individuals may conduct
court ordered forensic evaluations involving child custody and visita-
tion pursuant to the above section. The new paragraph lists the topics
that shall be comprise such training, including but not limited to:
relevant statutes, case law and psychological definitions of domestic
violence, coercive control and child abuse; the dynamics and effects-of
domestic violence and child abuse; trauma, particularly as it relates to
sexual abuse and the risks posed to children and the long-term dangers
and impacts imposed by the presence of adverse childhood experiences;
and the danger of basing child custody decisions on claims that a
child's deficient or negative relationship with a parent is caused by
the other parent.  The new paragraph requires the issuance of a certif-
ication of completion for such course and requires OPDV to consult with
NYSCADV to determine a reasonable number of training-hours that shall be
required for the first instance such training is provided, and a reason-
able number of training hours that shall be required for subsequent
refresher courses that are provided to individuals taking them on a
biennial basis.

 
JUSTIFICATION:

According to the Center for Judicial Excellence (CJE), a child advocacy
not-for-profit organization that promotes judicial accountability and
child safety, more than 700 children across the nation have been killed
by a parent or parental-figure during circumstances involving divorce,
separation, custody, visitation or child support since 2008. Addi-
tionally, CJE has found that at least ninety-eight children in forty
states have been killed by a parent or parental-figure after a family
court allowed unsupervised contact with the child - after the court was
informed beforehand about the parent's or parental-figure's violent
history, mental illness, or risk of harming a child.

In New York Family Court, custody of a child can be heavily influenced
by court appointed Forensic Evaluators, though their training or educa-
tional and professional experiences vary greatly across the state. Even
though these court appointed evaluators typically conduct mental health
evaluations, they are currently not required to be licensed mental
health professionals. They produce forensic reports that are often foun-
dational in informing the court's decision of a custody or visitation
dispute. Currently no mandatory standards or trainings exist for court
appointed evaluators, nor are they established for competence in the
nuances of domestic violence involved child custody cases. Tragically,
and despite the existence of an evaluative process, there have been many
instances in New York where children have been killed after the court
granted unsupervised visitation to their murderer.

In an effort to address this deficiency in the court system, this bill
would require evaluators appointed on behalf of the court to be a
psychologist, social worker or psychiatrist who has undergone the
required biennial domestic violence-related training. The bill requires
the Office for the Prevention of Domestic Violence (OPDV) to contract
with the New York State Coalition Against Domestic Violence (NYSCADV) to
develop a training program for such individuals that covers various
aspects related to domestic violence. As an organization that is desig-
nated by the federal Department of Health and Human Services to coordi-
nate statewide improvements within local communities, social service
systems, and programming regarding the prevention and intervention of
domestic violence, NYSCADV has experience in providing domestic violence
related training and has been included in recent chapters requiring such
training in other sectors (see chapter 715 of 2019 and chapter 391 of
2019). With training and an awareness of the impact domestic violence
has on victims (among other specific topics), custody evaluators will be
better prepared to provide evaluations that are in the best interest of
the child. Finally, this bill's requirements are an acknowledgement of a
2018 congressional resolution (H.Con.Res.72), which urged state courts
to make child safety the first priority of court decisions involving
custody and parenting.

 
LEGISLATIVE HISTORY:

2019-20 - A.9888 - referred to judiciary

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall become law; provided,
however, that effective immediately: the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act by the chief administrator of the courts, with the approval of
the administrative board of the courts, on its effective date are
authorized to be made and completed on or before such effective date.

2021-S6385A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6385--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the domestic relations law and  the  executive  law,  in
   relation to court ordered forensic evaluations involving child custody
   and visitation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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)  COURT  ORDERED FORENSIC EVALUATIONS INVOLVING CHILD CUSTODY AND
 VISITATION. (1) THE COURT MAY APPOINT A FORENSIC EVALUATOR ON BEHALF  OF
 THE  COURT  TO EVALUATE AND INVESTIGATE THE PARTIES AND A CHILD OR CHIL-
 DREN IN A PROCEEDING INVOLVING CHILD  CUSTODY  AND  VISITATION  PROVIDED
 THAT  THE  CHILD  CUSTODY  FORENSIC  EVALUATOR IS A PSYCHOLOGIST, SOCIAL
 WORKER OR PSYCHIATRIST WHO IS LICENSED IN THE STATE OF NEW YORK AND  HAS
 RECEIVED  WITHIN  THE  LAST TWO YEARS, A CERTIFICATION OF COMPLETION FOR
 COMPLETING THE TRAINING PROGRAM PURSUANT TO PARAGRAPH (O) OF SUBDIVISION
 THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW.
   (2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO  INDIVID-
 UAL  SHALL BE APPOINTED BY A COURT TO CONDUCT A FORENSIC EVALUATION IN A
 PROCEEDING INVOLVING CHILD CUSTODY AND VISITATION PURSUANT TO THIS PARA-
 GRAPH UNLESS SUCH INDIVIDUAL HAS RECEIVED WITHIN THE LAST TWO  YEARS,  A
 CERTIFICATION OF COMPLETION FOR COMPLETING THE TRAINING PROGRAM PURSUANT
 TO  PARAGRAPH  (O) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED SEVENTY-
 FIVE OF THE EXECUTIVE LAW.
   (3)   A PSYCHOLOGIST, SOCIAL  WORKER  OR  PSYCHIATRIST  AUTHORIZED  TO
 CONDUCT  COURT  ORDERED  CHILD  CUSTODY FORENSIC EVALUATIONS PURSUANT TO
 THIS SECTION SHALL NOTIFY THE COURT IN WHICH SUCH INDIVIDUAL REQUESTS TO
 BE CONSIDERED FOR SUCH COURT ORDERED  EVALUATIONS.    ANY  PSYCHOLOGIST,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05749-05-1

 S. 6385--A                          2
 
 SOCIAL  WORKER  OR  PSYCHIATRIST WHO NO LONGER MEETS THE REQUIREMENTS OF
 THIS SECTION IN REGARDS TO COMPLETING WITHIN  THE  LAST  TWO  YEARS  THE
 TRAINING  PROGRAM  PURSUANT  TO  PARAGRAPH  (O)  OF SUBDIVISION THREE OF
 SECTION  FIVE  HUNDRED  SEVENTY-FIVE OF THE EXECUTIVE LAW SHALL BE OBLI-
 GATED TO INFORM SUCH COURTS WITHIN SEVENTY-TWO HOURS OF NONCOMPLIANCE SO
 AS TO BE REMOVED FROM CONSIDERATION FOR COURT ORDERED EVALUATIONS.
   (4) UPON APPOINTMENT, THE  COURT  SHALL  REQUIRE  SUCH  CHILD  CUSTODY
 FORENSIC  EVALUATOR TO SHOW PROOF OF CERTIFICATION FOR COMPLETING WITHIN
 THE LAST TWO YEARS THE TRAINING PROGRAM PURSUANT  TO  PARAGRAPH  (O)  OF
 SUBDIVISION  THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
 LAW.
   § 2. Paragraph (o) of subdivision 3 of section 575  of  the  executive
 law is relettered paragraph (p) and a new paragraph (o) is added to read
 as follows:
   (O)  (I)  CONTRACTING,  WITHIN  AMOUNTS APPROPRIATED FOR SUCH PURPOSE,
 WITH THE NOT-FOR-PROFIT ENTITY THE  NEW  YORK  STATE  COALITION  AGAINST
 DOMESTIC  VIOLENCE,  TO  DEVELOP A TRAINING PROGRAM AS DESCRIBED IN THIS
 PARAGRAPH.  SUCH ENTITY SHALL BE RESPONSIBLE FOR PROVIDING SUCH TRAINING
 TO PSYCHIATRISTS, PSYCHOLOGISTS AND SOCIAL WORKERS WHO ARE  LICENSED  IN
 THE  STATE  OF  NEW  YORK,  SO  THAT  SUCH INDIVIDUALS MAY CONDUCT COURT
 ORDERED FORENSIC EVALUATIONS  INVOLVING  CHILD  CUSTODY  AND  VISITATION
 PURSUANT  TO  PARAGRAPH  (A-3) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 FORTY OF THE DOMESTIC RELATIONS LAW;  AND  FOR  REVIEWING  AND  UPDATING
 TRAINING  TOPICS  AT  LEAST  ONCE  EVERY  TWO YEARS. SUCH TRAINING SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF: RELEVANT STATUTES; CASE LAW
 AND PSYCHOLOGICAL DEFINITIONS OF DOMESTIC VIOLENCE; COERCIVE CONTROL AND
 CHILD ABUSE; THE DYNAMICS AND EFFECTS OF  DOMESTIC  VIOLENCE  AND  CHILD
 ABUSE,  INCLUDING  BUT  NOT  LIMITED TO, EMOTIONAL, FINANCIAL, PHYSICAL,
 TECHNOLOGICAL AND SEXUAL ABUSE; THE BARRIERS AND FEARS  ASSOCIATED  WITH
 REPORTING DOMESTIC VIOLENCE AND CHILD ABUSE AND WHY VICTIMS MAY NOT HAVE
 DOCUMENTED  EVIDENCE  OF  ABUSE;  TACTICS  COMMONLY USED BY ONE PARTY TO
 INDUCE FEAR IN ANOTHER PARTY  OR  CHILD,  INCLUDING  VERBAL,  EMOTIONAL,
 PSYCHOLOGICAL,  AND/OR  ECONOMIC  ABUSE,  ISOLATING TECHNIQUES, COERCIVE
 CONTROL, AND MONITORING OF A PARTNER'S LOCATION  AND  ACTIVITIES;  LITI-
 GATION  ABUSE AND DEMANDS FOR CUSTODY OR JOINT CUSTODY IN ORDER TO PRES-
 SURE THE PARTNER TO RETURN OR PUNISH THE PARTNER  FOR  LEAVING;  TRAUMA,
 PARTICULARLY  AS IT RELATES TO SEXUAL ABUSE AND THE RISKS POSED TO CHIL-
 DREN AND THE LONG-TERM DANGERS AND IMPACTS IMPOSED BY  THE  PRESENCE  OF
 ADVERSE CHILDHOOD EXPERIENCES; THE INCREASED RISK OF ESCALATING VIOLENCE
 THAT  OCCURS  DURING CHILD CUSTODY PROCEEDINGS; AND THE DANGER OF BASING
 CHILD CUSTODY DECISIONS ON CLAIMS THAT A CHILD'S DEFICIENT  OR  NEGATIVE
 RELATIONSHIP WITH A PARENT IS CAUSED BY THE OTHER PARENT.
   (II)  THE  OFFICE,  IN  CONSULTATION WITH THE NEW YORK STATE COALITION
 AGAINST DOMESTIC VIOLENCE, SHALL DETERMINE A REASONABLE NUMBER OF TRAIN-
 ING-HOURS THAT SHALL BE REQUIRED FOR THE FIRST INSTANCE SUCH PROGRAM  IS
 PROVIDED  TO  PSYCHIATRISTS,  PSYCHOLOGISTS  AND  SOCIAL  WORKERS  AND A
 REASONABLE NUMBER OF TRAINING-HOURS THAT SHALL BE  REQUIRED  FOR  SUBSE-
 QUENT REFRESHER COURSES PROVIDED TO SUCH INDIVIDUALS.
   (III)  THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE SHALL BE
 RESPONSIBLE FOR PROVIDING A CERTIFICATION OF COMPLETION TO EACH PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER WHO SATISFIES THE  REQUIREMENTS  OF
 SUCH  TRAINING  PROGRAM,  SO  THAT  SUCH  INDIVIDUALS  MAY CONDUCT COURT
 ORDERED FORENSIC EVALUATIONS  INVOLVING  CHILD  CUSTODY  AND  VISITATION
 PURSUANT  TO  PARAGRAPH  (A-3) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 FORTY OF THE DOMESTIC RELATIONS LAW.

 S. 6385--A                          3

   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or  part of this title shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect,  impair
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion  to  the  clause, sentence, paragraph, subdivision, section or part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall have been rendered. It is hereby declared the intent of the legis-
 lature  that  this  act  would  have  been  enacted even if such invalid
 provisions had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this  act by the chief administrator of the courts, with the
 approval of the administrative board of the  courts,  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.

co-Sponsors

View additional co-sponsors

2021-S6385B (ACTIVE) - Details

See Assembly Version of this Bill:: A2375
Law Section:: Domestic Relations Law
Laws Affected:: Amd §240, Dom Rel L; amd §575, Exec L
Versions Introduced in 2019-2020 Legislative Session:: A9888

2021-S6385B (ACTIVE) - Summary

2021-S6385B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6385B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the domestic relations law and the executive law, in
relation to court ordered forensic evaluations involving child custody
and visitation

 
PURPOSE OR GENERAL IDEA OF BILL:
  The  purpose  of this bill is to require child custody forensic evalu-
ators that are appointed  by  the  court  to  evaluate  and  investigate
parties  in  a proceeding involving child custody and visitation to: (1)
be a psychologist, social worker or psychiatrist, and (2) undergo  bien-
nial  domestic violence-related training, also established by this bill,
in order qualify for such appointment.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 240 of the domestic  relations
law to add a new paragraph (a-4) which states that a court may appoint a
child custody forensic evaluator to evaluate and investigate the parties

and  a  child or children in a proceeding, provided such individual is a
psychologist, social worker or psychiatrist who is licensed in the state
of New York and has undergone the required biennial  domestic  violence-
related  training.   The new paragraph requires a child custody forensic
evaluator to-notify the court in which such individual  requests  to  be
considered for such court ordered evaluations; requires such individuals
to  notify  the  court  should they fall out of compliance(regarding the
biennial training  requirement);  and  includes  training  documentation
requirements.

Section  2 amends subdivision three of section five hundred seventy-five
of the executive law to add a new paragraph (n) to  require  the  Office
for  the  Prevention  of  Domestic  Violence (OPDV) to contract with the
not-for-profit entity, the New York  State  Coalition  Against  Domestic
Violence  (NYSCADV)  to  develop  a  training program for psychiatrists,
psychologists and social workers, so that such individuals  may  conduct
court  ordered  forensic evaluations involving child custody and visita-
tion pursuant to the above section. The new paragraph lists  the  topics
that  shall  be  comprise  such  training, including but not limited to:
relevant statutes, case law and psychological  definitions  of  domestic
violence,  coercive control and child abuse; the dynamics and effects-of
domestic violence and child abuse; trauma, particularly as it relates to
sexual abuse and the risks posed to children and the  long-term  dangers
and  impacts  imposed  by the presence of adverse childhood experiences;
and the danger of basing  child  custody  decisions  on  claims  that  a
child's  deficient  or  negative relationship with a parent is caused by
the other parent. The new paragraph requires the issuance of  a  certif-
ication  of completion for such course and requires OPDV to consult with
NYSCADV to determine a reasonable number of training-hours that shall be
required for the first instance such training is provided, and a reason-
able number of training hours that  shall  be  required  for  subsequent
refresher  courses  that  are  provided  to individuals taking them on a
biennial basis.

 
JUSTIFICATION:


According to the Center for Judicial Excellence (CJE), a child  advocacy
not-for-profit  organization  that  promotes judicial accountability and
child safety, more than 700 children across the nation have been  killed
by  a  parent or parental-figure during circumstances involving divorce,
separation,  custody,  visitation  or  child  support  since 2008. Addi-
tionally, CJE has found that at least  ninety-eight  children  in  forty
states  have  been  killed by a parent or parental-figure after a family
court allowed unsupervised contact with the child - after the court  was
informed  beforehand  about  the  parent's  or parental-figure's violent
history, mental illness, or risk of harming a child.

In New York Family Court, custody of a child can be  heavily  influenced
by  court appointed Forensic Evaluators, though their training or educa-
tional and professional experiences vary greatly across the state.  Even
though  these court appointed evaluators typically conduct mental health
evaluations, they are currently  not  required  to  be  licensed  mental
health professionals. They produce forensic reports that are often foun-
dational  in  informing  the court's decision of a custody or visitation
dispute. Currently no mandatory standards or trainings exist  for  court
appointed  evaluators,  nor  are  they established for competence in the
nuances of domestic violence involved child custody  cases.  Tragically,
and despite the existence of an evaluative process, there have been many
instances  in  New  York where children have been killed after the court
granted unsupervised visitation to their murderer.

In an effort to address this deficiency in the court system,  this  bill
would  require  evaluators  appointed  on  behalf  of  the court to be a
psychologist, social  worker  or  psychiatrist  who  has  undergone  the
required  biennial domestic violence-related training. The bill requires
the Office for the Prevention of Domestic Violence  (OPDV)  to  contract
with the New York State Coalition Against Domestic Violence (NYSCADV) to
develop  a  training  program  for  such individuals that covers various
aspects related to domestic violence. As an organization that is  desig-
nated  by the federal Department of Health and Human Services to coordi-
nate statewide improvements within  local  communities,  social  service
systems,  and  programming  regarding the prevention and intervention of
domestic violence, NYSCADV has experience in providing domestic violence
related training and has been included in recent chapters requiring such
training in other sectors (see chapter 715 of 2019 and  chapter  391  of
2019).  With  training  and an awareness of the impact domestic violence
has on victims (among other specific topics), custody evaluators will be
better prepared to provide evaluations that are in the best interest  of
the  child. Finally, this bill's requirements are an ac knowledgement of
a 2018 congressional resolution (H.Con.Res.72), which urged state courts
to make child safety the first priority  of  court  decisions  involving
custody and parenting.

 
LEGISLATIVE HISTORY:

2019-20 - A.9888 - referred to judiciary

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall become law; provided,
however,  that  effective  immediately:  the  addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act by the chief administrator of the courts, with the approval of
the  administrative  board  of  the  courts,  on  its effective date are
authorized to be made and completed on or before such effective date.

2021-S6385B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6385--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, PALUMBO, REICHLIN-MELNICK -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Children and Families -- committee discharged, bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Children and Families in  accordance  with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the domestic relations law and  the  executive  law,  in
   relation to court ordered forensic evaluations involving child custody
   and visitation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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)  COURT  ORDERED FORENSIC EVALUATIONS INVOLVING CHILD CUSTODY AND
 VISITATION. (1) THE COURT MAY APPOINT A FORENSIC EVALUATOR ON BEHALF  OF
 THE  COURT  TO EVALUATE AND INVESTIGATE THE PARTIES AND A CHILD OR CHIL-
 DREN IN A PROCEEDING INVOLVING CHILD  CUSTODY  AND  VISITATION  PROVIDED
 THAT  THE  CHILD  CUSTODY  FORENSIC  EVALUATOR IS A PSYCHOLOGIST, SOCIAL
 WORKER OR PSYCHIATRIST WHO IS LICENSED IN THE STATE OF NEW YORK AND  HAS
 RECEIVED  WITHIN  THE  LAST TWO YEARS, A CERTIFICATION OF COMPLETION FOR
 COMPLETING THE TRAINING PROGRAM PURSUANT TO PARAGRAPH (O) OF SUBDIVISION
 THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW.
   (2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO  INDIVID-
 UAL  SHALL BE APPOINTED BY A COURT TO CONDUCT A FORENSIC EVALUATION IN A
 PROCEEDING INVOLVING CHILD CUSTODY AND VISITATION PURSUANT TO THIS PARA-
 GRAPH UNLESS SUCH INDIVIDUAL HAS RECEIVED WITHIN THE LAST TWO  YEARS,  A
 CERTIFICATION OF COMPLETION FOR COMPLETING THE TRAINING PROGRAM PURSUANT
 TO  PARAGRAPH  (O) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED SEVENTY-
 FIVE OF THE EXECUTIVE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05749-07-2
 S. 6385--B                          2

 
   (3)   A PSYCHOLOGIST, SOCIAL  WORKER  OR  PSYCHIATRIST  AUTHORIZED  TO
 CONDUCT  COURT  ORDERED  CHILD  CUSTODY FORENSIC EVALUATIONS PURSUANT TO
 THIS SECTION SHALL NOTIFY THE COURT IN WHICH SUCH INDIVIDUAL REQUESTS TO
 BE CONSIDERED FOR SUCH COURT ORDERED  EVALUATIONS.    ANY  PSYCHOLOGIST,
 SOCIAL  WORKER  OR  PSYCHIATRIST WHO NO LONGER MEETS THE REQUIREMENTS OF
 THIS SECTION IN REGARDS TO COMPLETING WITHIN  THE  LAST  TWO  YEARS  THE
 TRAINING  PROGRAM  PURSUANT  TO  PARAGRAPH  (O)  OF SUBDIVISION THREE OF
 SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW  SHALL  BE  OBLI-
 GATED TO INFORM SUCH COURTS WITHIN SEVENTY-TWO HOURS OF NONCOMPLIANCE SO
 AS TO BE REMOVED FROM CONSIDERATION FOR COURT ORDERED EVALUATIONS.
   (4)  UPON  APPOINTMENT,  THE  COURT  SHALL  REQUIRE SUCH CHILD CUSTODY
 FORENSIC EVALUATOR TO SHOW PROOF OF CERTIFICATION FOR COMPLETING  WITHIN
 THE  LAST  TWO  YEARS  THE TRAINING PROGRAM PURSUANT TO PARAGRAPH (O) OF
 SUBDIVISION THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE  EXECUTIVE
 LAW.
   §  2.  Paragraph  (o) of subdivision 3 of section 575 of the executive
 law is relettered paragraph (p) and a new paragraph (o) is added to read
 as follows:
   (O) (I) CONTRACTING, WITHIN AMOUNTS  APPROPRIATED  FOR  SUCH  PURPOSE,
 WITH  THE  NOT-FOR-PROFIT  ENTITY  THE  NEW YORK STATE COALITION AGAINST
 DOMESTIC VIOLENCE, TO DEVELOP A TRAINING PROGRAM AS  DESCRIBED  IN  THIS
 PARAGRAPH.  SUCH ENTITY SHALL BE RESPONSIBLE FOR PROVIDING SUCH TRAINING
 TO  PSYCHIATRISTS,  PSYCHOLOGISTS AND SOCIAL WORKERS WHO ARE LICENSED IN
 THE STATE OF NEW YORK,  SO  THAT  SUCH  INDIVIDUALS  MAY  CONDUCT  COURT
 ORDERED  FORENSIC  EVALUATIONS  INVOLVING  CHILD  CUSTODY AND VISITATION
 PURSUANT TO PARAGRAPH (A-3) OF SUBDIVISION ONE OF  SECTION  TWO  HUNDRED
 FORTY  OF  THE  DOMESTIC  RELATIONS  LAW; AND FOR REVIEWING AND UPDATING
 TRAINING TOPICS AT LEAST ONCE  EVERY  TWO  YEARS.  SUCH  TRAINING  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF: RELEVANT STATUTES; CASE LAW
 AND PSYCHOLOGICAL DEFINITIONS OF DOMESTIC VIOLENCE; COERCIVE CONTROL AND
 CHILD  ABUSE;  THE  DYNAMICS  AND EFFECTS OF DOMESTIC VIOLENCE AND CHILD
 ABUSE, INCLUDING BUT NOT LIMITED  TO,  EMOTIONAL,  FINANCIAL,  PHYSICAL,
 TECHNOLOGICAL  AND  SEXUAL ABUSE; THE BARRIERS AND FEARS ASSOCIATED WITH
 REPORTING DOMESTIC VIOLENCE AND CHILD ABUSE AND WHY VICTIMS MAY NOT HAVE
 DOCUMENTED EVIDENCE OF ABUSE; TACTICS COMMONLY  USED  BY  ONE  PARTY  TO
 INDUCE  FEAR  IN  ANOTHER  PARTY  OR CHILD, INCLUDING VERBAL, EMOTIONAL,
 PSYCHOLOGICAL, AND/OR ECONOMIC  ABUSE,  ISOLATING  TECHNIQUES,  COERCIVE
 CONTROL,  AND  MONITORING  OF A PARTNER'S LOCATION AND ACTIVITIES; LITI-
 GATION ABUSE AND DEMANDS FOR CUSTODY OR JOINT CUSTODY IN ORDER TO  PRES-
 SURE  THE  PARTNER  TO RETURN OR PUNISH THE PARTNER FOR LEAVING; TRAUMA,
 PARTICULARLY AS IT RELATES TO SEXUAL ABUSE AND THE RISKS POSED TO  CHIL-
 DREN  AND  THE  LONG-TERM DANGERS AND IMPACTS IMPOSED BY THE PRESENCE OF
 ADVERSE CHILDHOOD EXPERIENCES; THE INCREASED RISK OF ESCALATING VIOLENCE
 THAT OCCURS DURING CHILD CUSTODY PROCEEDINGS; AND THE DANGER  OF  BASING
 CHILD  CUSTODY  DECISIONS ON CLAIMS THAT A CHILD'S DEFICIENT OR NEGATIVE
 RELATIONSHIP WITH A PARENT IS CAUSED BY THE OTHER PARENT.
   (II) THE OFFICE, IN CONSULTATION WITH THE  NEW  YORK  STATE  COALITION
 AGAINST DOMESTIC VIOLENCE, SHALL DETERMINE A REASONABLE NUMBER OF TRAIN-
 ING-HOURS  THAT SHALL BE REQUIRED FOR THE FIRST INSTANCE SUCH PROGRAM IS
 PROVIDED TO  PSYCHIATRISTS,  PSYCHOLOGISTS  AND  SOCIAL  WORKERS  AND  A
 REASONABLE  NUMBER  OF  TRAINING-HOURS THAT SHALL BE REQUIRED FOR SUBSE-
 QUENT REFRESHER COURSES PROVIDED TO SUCH INDIVIDUALS.
   (III) THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE SHALL  BE
 RESPONSIBLE FOR PROVIDING A CERTIFICATION OF COMPLETION TO EACH PSYCHIA-
 TRIST,  PSYCHOLOGIST  OR SOCIAL WORKER WHO SATISFIES THE REQUIREMENTS OF
 SUCH TRAINING PROGRAM,  SO  THAT  SUCH  INDIVIDUALS  MAY  CONDUCT  COURT
 S. 6385--B                          3
 
 ORDERED  FORENSIC  EVALUATIONS  INVOLVING  CHILD  CUSTODY AND VISITATION
 PURSUANT TO PARAGRAPH (A-3) OF SUBDIVISION ONE OF  SECTION  TWO  HUNDRED
 FORTY OF THE DOMESTIC RELATIONS LAW; AND
   §  3.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this title shall be adjudged by any court  of  compe-
 tent  jurisdiction to be invalid, such judgment shall not affect, impair
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision,  section  or  part
 thereof  directly  involved  in  the  controversy in which such judgment
 shall have been rendered. It is hereby declared the intent of the legis-
 lature that this act would  have  been  enacted  even  if  such  invalid
 provisions had not been included herein.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act by the chief administrator of the  courts,  with  the
 approval  of  the  administrative  board of the courts, on its effective
 date are authorized to be made and completed on or before such effective
 date.

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Senate Bill S6385B

Sponsored By

Archive: Last Bill Status Via A2375 - Passed Senate

Jun 1, 2022 - Floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules Committee Vote

Rules Committee Vote: Jun 1, 2022

Bill Amendments

2021-S6385 - Details

2021-S6385 - Summary

2021-S6385 - Sponsor Memo

2021-S6385 - Bill Text download pdf

co-Sponsors

2021-S6385A - Details

2021-S6385A - Summary

2021-S6385A - Sponsor Memo

2021-S6385A - Bill Text download pdf

co-Sponsors

2021-S6385B (ACTIVE) - Details

2021-S6385B (ACTIVE) - Summary

2021-S6385B (ACTIVE) - Sponsor Memo

2021-S6385B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6385B

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Sponsored By

Archive: Last Bill Status Via A2375 - Passed Senate

Bill Amendments

2021-S6385 - Details

2021-S6385 - Summary

2021-S6385 - Sponsor Memo

2021-S6385 - Bill Text download pdf

co-Sponsors

2021-S6385A - Details

2021-S6385A - Summary

2021-S6385A - Sponsor Memo

2021-S6385A - Bill Text download pdf

co-Sponsors

2021-S6385B (ACTIVE) - Details

2021-S6385B (ACTIVE) - Summary

2021-S6385B (ACTIVE) - Sponsor Memo

2021-S6385B (ACTIVE) - Bill Text download pdf

Comments