S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    632
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the domestic relations law, in relation to mandatory
   training of a forensic evaluator in relation to court ordered forensic
   evaluations involving child custody and visitation when the  child  is
   living out-of-state; to amend the executive law, in relation to train-
   ing  in  the prevention and intervention of domestic violence required
   for forensic investigators; and to amend a chapter of the laws of 2022
   amending the domestic relations law and the executive law, relating to
   court ordered forensic evaluations involving child custody and visita-
   tion, as proposed in  legislative  bills  numbers  S.  6385-B  and  A.
   2375-C, relating to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a-3) of subdivision 1  of  section  240  of  the
 domestic relations law, as added by a chapter of the laws of 2022 amend-
 ing  the domestic relations law and the executive law, relating to court
 ordered forensic evaluations involving child custody and visitation,  as
 proposed  in  legislative  bills  numbers  S. 6385-B and A.   2375-C, is
 amended by adding a new subparagraph 5 to read as follows:
   (5) A COURT SHALL APPOINT A FORENSIC EVALUATOR WHO HAS  COMPLETED  THE
 TRAINING  PROGRAM  PURSUANT  TO  PARAGRAPH  (O)  OF SUBDIVISION THREE OF
 SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW WHEN THE CHILD IS
 LIVING OUT-OF-STATE AND IS FARTHER THAN ONE HUNDRED MILES FROM  THE  NEW
 YORK  STATE BORDER; PROVIDED, HOWEVER, THAT SUCH FORENSIC CUSTODY EVALU-
 ATION MAY BE CONDUCTED REMOTELY UTILIZING VIDEOCONFERENCING  TECHNOLOGY.
 THE  EVALUATOR  MUST  TAKE ALL STEPS REASONABLY AVAILABLE TO PROTECT THE
 CONFIDENTIALITY OF THE CHILD'S DISCLOSURES FOR ANY EVALUATION  CONDUCTED
 REMOTELY UTILIZING VIDEOCONFERENCING TECHNOLOGY, AS NEEDED.
   §  2.  Paragraph  (o) of subdivision 3 of section 575 of the executive
 law, as added by a chapter of the laws of  2022  amending  the  domestic
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04154-01-3
              

 A. 632                              2
 
 relations  law and the executive law, relating to court ordered forensic
 evaluations involving child  custody  and  visitation,  as  proposed  in
 legislative bills numbers S. 6385-B and A. 2375-C, is amended 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.] WITHIN AMOUNTS APPROPRI-
 ATED  FOR  SUCH  PURPOSE, THE OFFICE SHALL CONTRACT WITH AN ORGANIZATION
 DESIGNATED BY THE FEDERAL DEPARTMENT OF HEALTH  AND  HUMAN  SERVICES  TO
 COORDINATE  STATEWIDE  IMPROVEMENTS  WITHIN  LOCAL  COMMUNITIES,  SOCIAL
 SERVICES SYSTEMS, AND PROGRAMMING REGARDING THE  PREVENTION  AND  INTER-
 VENTION  OF  DOMESTIC  VIOLENCE  IN NEW YORK STATE TO MUTUALLY DEVELOP A
 TRAINING PROGRAM AS DESCRIBED IN THIS PARAGRAPH.  THE  OFFICE  AND  SUCH
 ORGANIZATION SHALL BE RESPONSIBLE FOR PROVIDING SUCH TRAINING TO PSYCHI-
 ATRISTS,  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  PARA-
 GRAPH  (A-3)  OF  SUBDIVISION  ONE  OF  SECTION TWO HUNDRED FORTY OF THE
 DOMESTIC RELATIONS LAW; FOR CONSULTING WITH  DOMESTIC  VIOLENCE  SERVICE
 PROVIDERS  AND  REPRESENTATIVE  ORGANIZATIONS  IN  THE FIELD OF DOMESTIC
 VIOLENCE WHEN SUCH TRAINING IS PROVIDED IN THEIR  COMMUNITIES;  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:  rele-
 vant  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; litigation abuse and  demands  for  custody  or
 joint  custody  in order to pressure the partner to return or punish the
 partner for leaving; 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; 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]  ORGANIZATION  DESIGNATED    BY THE FEDERAL
 DEPARTMENT OF HEALTH AND HUMAN SERVICES TO COORDINATE STATEWIDE IMPROVE-
 MENTS WITHIN LOCAL COMMUNITIES, SOCIAL SERVICES SYSTEMS, AND PROGRAMMING
 REGARDING THE PREVENTION AND INTERVENTION OF DOMESTIC  VIOLENCE  IN  NEW
 YORK  STATE,  shall determine a reasonable number of training-hours that
 shall be required for the first instance such  program  is  provided  to
 psychiatrists,  psychologists and social workers and a reasonable number
 A. 632                              3
 
 of training-hours that shall be required for subsequent refresher cours-
 es provided to such individuals.
   (iii)  The [New York State Coalition Against Domestic Violence] ORGAN-
 IZATION DESIGNATED  BY  THE  FEDERAL  DEPARTMENT  OF  HEALTH  AND  HUMAN
 SERVICES  TO COORDINATE STATEWIDE IMPROVEMENTS WITHIN LOCAL COMMUNITIES,
 SOCIAL SERVICES SYSTEMS, AND PROGRAMMING REGARDING  THE  PREVENTION  AND
 INTERVENTION OF DOMESTIC VIOLENCE IN NEW YORK STATE shall be responsible
 for  providing  a  certification  of  completion  to  each psychiatrist,
 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; and
   § 3. Section 4 of a chapter of the laws of 2022 amending the  domestic
 relations  law and the executive law, relating to court ordered forensic
 evaluations involving child  custody  and  visitation,  as  proposed  in
 legislative bills numbers S. 6385-B and A. 2375-C, is amended to read as
 follows:
   § 4. This act shall take effect [on the one hundred eightieth day] ONE
 YEAR  after it shall have become a law. Effective immediately, the addi-
 tion, 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.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2022 amending the domestic relations
 law and the executive law, relating to  court  ordered  forensic  evalu-
 ations  involving  child custody and visitation, as proposed in legisla-
 tive bills numbers S. 6385-B and A. 2375-C, takes effect.