Senate Bill S6385

2021-2022 Legislative Session

Relates to court ordered forensic evaluations involving child custody and visitation

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Sponsored By

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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Bill Amendments

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

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.
              

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

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-S6385A - Sponsor Memo

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.
              

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

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-S6385B (ACTIVE) - Sponsor Memo

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
              

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