senate Bill S2084

2023-2024 Legislative Session

Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court

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Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2023 advanced to third reading
Jan 25, 2023 2nd report cal.
Jan 24, 2023 1st report cal.206
Jan 18, 2023 referred to children and families

Votes

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Jan 24, 2023 - Children and Families committee Vote

S2084
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Jan 24, 2023

Co-Sponsors

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S2084 (ACTIVE) - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
S8578

S2084 (ACTIVE) - Summary

Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

S2084 (ACTIVE) - Sponsor Memo

S2084 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2084
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, CLEARE, COMRIE, COONEY, KRUEGER, PALUMBO,
   RAMOS -- 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 family court act, in
   relation to prohibiting certain forensic child custody evaluators from
   appearing as an expert witness in family court
 
   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 PERMIT A FORENSIC CHILD  CUSTODY  EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC CUSTODY  REPORT  PREPARED  BY  SUCH  FORENSIC  CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN  SUCH  FORENSIC  CHILD  CUSTODY EVALUATOR HAS BEEN REMOVED FROM THE
 PANEL OF FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH  PROFESSIONALS
 CERTIFICATION  COMMITTEE  OR OTHER SUPERVISORY BODY, HAS OFFERED TO STEP
 DOWN FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT WITH  THE  COMMITTEE
 OR OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL
 NO LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "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.
   (II)  "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.
   §  2.  Subdivision  1  of section 240 of the domestic relations law is
 amended by adding a new paragraph (a-4) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06769-01-3
 S. 2084                             2

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