NY State Assembly Bill 2013-A8342

Assembly Bill A8342

2013-2014 Legislative Session

Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

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 16, 2014	ordered to third reading rules cal.276 rules report cal.276 reported
Jun 09, 2014	reported referred to rules
Jun 03, 2014	print number 8342a
Jun 03, 2014	amend and recommit to codes
Apr 29, 2014	reported referred to codes
Jan 08, 2014	referred to judiciary
Dec 27, 2013	referred to judiciary

Bill Amendments

Original

A (Active)

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2013-A8342 - Details

See Senate Version of this Bill:: S7497
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §§251 & 651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2015-2016: A290
2017-2018: A1533
2019-2020: A5621
2021-2022: A8110
2023-2024: A3771

2013-A8342 - Summary

Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings.

2013-A8342 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8342

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 27, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  -- Multi-Sponsored by -- M. of A.
  BRAUNSTEIN, BRONSON, CLARK, FARRELL, GLICK, JAFFEE,  MARKEY,  MILLMAN,
  OTIS,  SEPULVEDA, SKARTADOS -- 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 child custody forensic reports

  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)  COURT ORDERED FORENSIC EVALUATIONS IN PROCEEDINGS INVOLVING CHILD
CUSTODY AND VISITATION. WHERE A COURT ORDER IS ISSUED FOR AN  EVALUATION
OF  THE  PARTIES  OR A CHILD BY A FORENSIC MENTAL HEALTH PROFESSIONAL OR
ANY OTHER PERSON, BOTH OF WHOM SHALL BE CONSIDERED "COURT ORDERED EVALU-
ATORS" FOR PURPOSES OF THIS  SUBDIVISION,  APPOINTED  BY  THE  COURT  TO
ASSIST WITH THE DETERMINATION OF CHILD CUSTODY OR VISITATION PURSUANT TO
THIS ARTICLE, FOR PURPOSES OF SUCH COURT ORDERED FORENSIC EVALUATIONS:
  (1)  ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED EVALUATOR,
TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR  REVIEW OF A FORENSIC REPORT IN ADVANCE OF AND DURING TRIAL TO ENABLE
COMPETENT REPRESENTATION AND TRIAL PREPARATION. ANY CONDITIONS OR  LIMI-
TATIONS  IMPOSED  BY  THE COURT PURSUANT TO THIS SUBDIVISION RELATING TO
DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR LANGUAGE  ACCESS
AND  DISABILITY.  UPON APPLICATION BY COUNSEL OR A PARTY THE COURT SHALL
PERMIT A COPY OF THE FORENSIC REPORT AND A COPY  OF  THE  COURT  ORDERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13341-02-3

A. 8342                             2

EVALUATOR'S  FILES  AS PROVIDED FOR UNDER PARAGRAPH TWO OF THIS SUBDIVI-
SION TO BE PROVIDED TO ANY PERSON RETAINED  TO  ASSIST  COUNSEL  OR  ANY
PARTY,  SUBJECT  TO THE PROVISIONS OF SECTION THREE THOUSAND ONE HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (2)  PURSUANT  TO  A DEMAND MADE UNDER RULE THREE THOUSAND ONE HUNDRED
TWENTY OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED  EVALUATOR
SHALL  PROVIDE  TO  A PARTY, HIS OR HER ATTORNEY OR THE ATTORNEY FOR THE
CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
ED TO, ALL UNDERLYING NOTES, TEST DATA, RAW TEST  MATERIALS,  UNDERLYING
MATERIALS  PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR AND
ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
ING. THERE SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  COURT  ORDERED
EVALUATOR'S  FILE  RELATED  TO HIS OR HER APPOINTMENT, INCLUDING ALL THE
AFOREMENTIONED MATERIALS, IS DISCOVERABLE SUBJECT TO THE  PROVISIONS  OF
SECTION  THREE  THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND
RULES; AND
  (3) A FAILURE TO COMPLY WITH A COURT ORDER  CONDITIONING  OR  LIMITING
ACCESS  TO  A  FORENSIC  REPORT  SHALL  BE  CONTEMPT OF COURT AND MAY BE
PUNISHABLE AS SUCH. THE COURT SHALL NOTIFY THE PARTIES  AND  COUNSEL  ON
THE  RECORD  THAT  A  FAILURE  TO  COMPLY  WITH THE COURT ORDER SHALL BE
CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT OF A FINE OR IMPRISONMENT
OR BOTH; AND
  (4) ADMISSIBILITY INTO EVIDENCE OF THE FORENSIC REPORT  OR  THE  COURT
ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
OR  HER  ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE RULES OF
EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
  S 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)  COURT  ORDERED  FORENSIC  EVALUATIONS  IN PROCEEDINGS INVOLVING
CHILD CUSTODY AND VISITATION. WHERE A COURT ORDER IS ISSUED FOR AN EVAL-
UATION OF THE PARTIES OR A CHILD BY A  FORENSIC  MENTAL  HEALTH  PROFES-
SIONAL  OR  ANY  OTHER  PERSON,  BOTH OF WHOM SHALL BE CONSIDERED "COURT
ORDERED EVALUATORS" FOR PURPOSES OF THIS SUBDIVISION, APPOINTED  BY  THE
COURT  TO  ASSIST  WITH THE DETERMINATION OF CHILD CUSTODY OR VISITATION
PURSUANT TO THIS SUBDIVISION, FOR PURPOSES OF SUCH COURT ORDERED  FOREN-
SIC EVALUATIONS:
  (1)  ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED EVALUATOR,
TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF  THIS  PARAGRAPH,
SHALL  BE  CONFIDENTIAL  AND  KEPT  UNDER SEAL EXCEPT THAT, ALL PARTIES,
THEIR ATTORNEYS AND THE ATTORNEY FOR THE CHILD SHALL  HAVE  A  RIGHT  TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY  THE  COURT,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR REVIEW OF A FORENSIC REPORT IN ADVANCE OF AND DURING TRIAL TO  ENABLE
COMPETENT  REPRESENTATION AND TRIAL PREPARATION. ANY CONDITIONS OR LIMI-
TATIONS IMPOSED BY THE COURT PURSUANT TO THIS  SUBDIVISION  RELATING  TO
DISCLOSURE  OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR LANGUAGE ACCESS
AND DISABILITY. UPON APPLICATION BY COUNSEL OR A PARTY THE  COURT  SHALL
PERMIT  A  COPY  OF  THE FORENSIC REPORT AND A COPY OF THE COURT ORDERED
EVALUATOR'S FILES AS PROVIDED FOR UNDER SUBPARAGRAPH TWO OF  THIS  PARA-
GRAPH  TO  BE  PROVIDED  TO ANY PERSON RETAINED TO ASSIST COUNSEL OR ANY
PARTY, SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND  ONE  HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (2)  PURSUANT  TO  A DEMAND MADE UNDER RULE THREE THOUSAND ONE HUNDRED
TWENTY OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED  EVALUATOR

A. 8342                             3

SHALL  PROVIDE  TO  A PARTY, HIS OR HER ATTORNEY OR THE ATTORNEY FOR THE
CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
ED TO, ALL UNDERLYING NOTES, TEST DATA, RAW TEST  MATERIALS,  UNDERLYING
MATERIALS  PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR AND
ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
ING. THERE SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  COURT  ORDERED
EVALUATOR'S  FILE  RELATED  TO HIS OR HER APPOINTMENT, INCLUDING ALL THE
AFOREMENTIONED MATERIALS, IS DISCOVERABLE SUBJECT TO THE  PROVISIONS  OF
SECTION  THREE  THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND
RULES; AND
  (3) A FAILURE TO COMPLY WITH A COURT ORDER  CONDITIONING  OR  LIMITING
ACCESS  TO  A  FORENSIC  REPORT  SHALL  BE  CONTEMPT OF COURT AND MAY BE
PUNISHABLE AS SUCH. THE COURT SHALL NOTIFY THE PARTIES  AND  COUNSEL  ON
THE  RECORD  THAT  A  FAILURE  TO  COMPLY  WITH THE COURT ORDER SHALL BE
CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT OF A FINE OR IMPRISONMENT
OR BOTH; AND
  (4) ADMISSIBILITY INTO EVIDENCE OF THE FORENSIC REPORT  OR  THE  COURT
ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
OR  HER  ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE RULES OF
EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
  S 3. Subdivision (c) of section 251 of the family court act is  relet-
tered  subdivision  (d)  and  a  new subdivision (c) is added to read as
follows:
  (C) COURT ORDERED FORENSIC EVALUATIONS IN CHILD CUSTODY AND VISITATION
PROCEEDINGS. NOTWITHSTANDING THE  PROVISIONS  OF  THIS  SECTION  TO  THE
CONTRARY, WHERE A COURT ORDER IS ISSUED FOR AN EVALUATION OF THE PARTIES
OR A CHILD BY A FORENSIC MENTAL HEALTH PROFESSIONAL OR ANY OTHER PERSON,
BOTH OF WHOM SHALL BE CONSIDERED "COURT ORDERED EVALUATORS" FOR PURPOSES
OF  THIS SUBDIVISION, APPOINTED BY THE COURT TO ASSIST WITH THE DETERMI-
NATION OF CHILD CUSTODY OR VISITATION PURSUANT TO ARTICLE FOUR OR SIX OF
THIS ACT, FOR PURPOSES OF SUCH COURT ORDERED FORENSIC EVALUATIONS:
  (1) NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-FIVE  OF  THIS  ACT  AND
SECTION  FOUR  HUNDRED  EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, THE
PROVISIONS AND LIMITATIONS OF SECTIONS THREE THOUSAND  ONE  HUNDRED  ONE
AND THREE THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES
SHALL APPLY; AND
  (2)  ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED EVALUATOR,
TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR  REVIEW OF A FORENSIC REPORT IN ADVANCE OF AND DURING TRIAL TO ENABLE
COMPETENT REPRESENTATION AND TRIAL PREPARATION. ANY CONDITIONS OR  LIMI-
TATIONS  IMPOSED  BY  THE COURT PURSUANT TO THIS SUBDIVISION RELATING TO
DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR LANGUAGE  ACCESS
AND  DISABILITY.  UPON APPLICATION BY COUNSEL OR A PARTY THE COURT SHALL
PERMIT A COPY OF THE FORENSIC REPORT AND A COPY  OF  THE  COURT  ORDERED
EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH THREE OF THIS SUBDIVI-
SION  TO  BE  PROVIDED  TO  ANY PERSON RETAINED TO ASSIST COUNSEL OR ANY
PARTY, SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND  ONE  HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (3)  PURSUANT  TO  A DEMAND MADE UNDER RULE THREE THOUSAND ONE HUNDRED
TWENTY OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED  EVALUATOR

A. 8342                             4

SHALL  PROVIDE  TO  A PARTY, HIS OR HER ATTORNEY OR THE ATTORNEY FOR THE
CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
ED TO, ALL UNDERLYING NOTES, TEST DATA, RAW TEST  MATERIALS,  UNDERLYING
MATERIALS  PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR AND
ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
ING. THERE SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  COURT  ORDERED
EVALUATOR'S  FILE  RELATED  TO HIS OR HER APPOINTMENT, INCLUDING ALL THE
AFOREMENTIONED MATERIALS, IS DISCOVERABLE SUBJECT TO THE  PROVISIONS  OF
SECTION  THREE  THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND
RULES; AND
  (4) A FAILURE TO COMPLY WITH A COURT ORDER  CONDITIONING  OR  LIMITING
ACCESS  TO  A  FORENSIC  REPORT  SHALL  BE  CONTEMPT OF COURT AND MAY BE
PUNISHABLE AS SUCH. THE COURT SHALL NOTIFY THE PARTIES  AND  COUNSEL  ON
THE  RECORD  THAT  A  FAILURE  TO  COMPLY  WITH THE COURT ORDER SHALL BE
CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT OF A FINE OR IMPRISONMENT
OR BOTH; AND
  (5) ADMISSIBILITY INTO EVIDENCE OF THE FORENSIC REPORT  OR  THE  COURT
ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
OR  HER  ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE RULES OF
EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
  S 4. Section 651 of the family court act is amended by  adding  a  new
subdivision (g) to read as follows:
  (G) COURT ORDERED FORENSIC EVALUATIONS IN CHILD CUSTODY AND VISITATION
PROCEEDINGS.    NOTWITHSTANDING  THE  PROVISIONS  OF THIS SECTION TO THE
CONTRARY, WHERE A COURT ORDER IS ISSUED FOR AN EVALUATION OF THE PARTIES
OR A CHILD BY A FORENSIC MENTAL HEALTH PROFESSIONAL OR ANY OTHER PERSON,
BOTH OF WHOM SHALL BE CONSIDERED "COURT ORDERED EVALUATORS" FOR PURPOSES
OF THIS SUBDIVISION, APPOINTED BY THE COURT TO ASSIST WITH THE  DETERMI-
NATION  OF CHILD CUSTODY OR VISITATION PURSUANT TO THIS ARTICLE OR ARTI-
CLE FOUR OF THIS ACT, FOR PURPOSES OF SUCH COURT ORDERED FORENSIC EVALU-
ATIONS:
  (1) NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-FIVE  OF  THIS  ACT  AND
SECTION  FOUR  HUNDRED  EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, THE
PROVISIONS AND LIMITATIONS OF SECTIONS THREE THOUSAND  ONE  HUNDRED  ONE
AND THREE THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES
SHALL APPLY; AND
  (2)  ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED EVALUATOR,
TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR  REVIEW OF A FORENSIC REPORT IN ADVANCE OF AND DURING TRIAL TO ENABLE
COMPETENT REPRESENTATION AND TRIAL PREPARATION. ANY CONDITIONS OR  LIMI-
TATIONS  IMPOSED  BY  THE COURT PURSUANT TO THIS SUBDIVISION RELATING TO
DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR LANGUAGE  ACCESS
AND  DISABILITY.  UPON APPLICATION BY COUNSEL OR A PARTY THE COURT SHALL
PERMIT A COPY OF THE FORENSIC REPORT AND A COPY  OF  THE  COURT  ORDERED
EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH THREE OF THIS SUBDIVI-
SION  TO  BE  PROVIDED  TO  ANY PERSON RETAINED TO ASSIST COUNSEL OR ANY
PARTY, SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND  ONE  HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (3)  PURSUANT  TO  A DEMAND MADE UNDER RULE THREE THOUSAND ONE HUNDRED
TWENTY OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED  EVALUATOR

A. 8342                             5

SHALL  PROVIDE  TO  A PARTY, HIS OR HER ATTORNEY OR THE ATTORNEY FOR THE
CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
ED TO, ALL UNDERLYING NOTES, TEST DATA, RAW TEST  MATERIALS,  UNDERLYING
MATERIALS  PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR AND
ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
ING. THERE SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  COURT  ORDERED
EVALUATOR'S  FILE  RELATED  TO HIS OR HER APPOINTMENT, INCLUDING ALL THE
AFOREMENTIONED MATERIALS, IS DISCOVERABLE SUBJECT TO SECTION THREE THOU-
SAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (4) A FAILURE TO COMPLY WITH A COURT ORDER  CONDITIONING  OR  LIMITING
ACCESS  TO  A  FORENSIC  REPORT  SHALL  BE  CONTEMPT OF COURT AND MAY BE
PUNISHABLE AS SUCH. THE COURT SHALL NOTIFY THE PARTIES  AND  COUNSEL  ON
THE  RECORD  THAT  A  FAILURE  TO  COMPLY  WITH THE COURT ORDER SHALL BE
CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT OF A FINE OR IMPRISONMENT
OR BOTH; AND
  (5) ADMISSIBILITY INTO EVIDENCE OF THE FORENSIC REPORT  OR  THE  COURT
ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
OR  HER  ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE RULES OF
EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
  S 5. 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 and directed to promulgate any
rules necessary to implement the provisions of this  act  on  or  before
such effective date.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2013-A8342A (ACTIVE) - Details

See Senate Version of this Bill:: S7497
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §§251 & 651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2015-2016: A290
2017-2018: A1533
2019-2020: A5621
2021-2022: A8110
2023-2024: A3771

2013-A8342A (ACTIVE) - Summary

Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings.

2013-A8342A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8342--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 27, 2013
                               ___________

Introduced  by M. of A. WEINSTEIN, WEPRIN -- Multi-Sponsored by -- M. of
  A. BRAUNSTEIN, BRONSON, CLARK, COOK, FARRELL, GLICK,  JAFFEE,  MARKEY,
  MILLMAN,  OTIS,  SEPULVEDA, SKARTADOS -- read once and referred to the
  Committee on Judiciary -- recommitted to the Committee on Judiciary in
  accordance with Assembly Rule 3, sec. 2 -- reported  and  referred  to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the domestic relations law and the family court act,  in
  relation to child custody forensic reports

  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)  COURT ORDERED FORENSIC EVALUATIONS IN PROCEEDINGS INVOLVING CHILD
CUSTODY AND VISITATION. WHERE A COURT ORDER IS ISSUED FOR AN  EVALUATION
OF  THE  PARTIES  OR A CHILD BY A FORENSIC MENTAL HEALTH PROFESSIONAL OR
ANY OTHER PERSON, BOTH OF WHOM SHALL BE CONSIDERED "COURT ORDERED EVALU-
ATORS" FOR PURPOSES OF THIS  SUBDIVISION,  APPOINTED  BY  THE  COURT  TO
ASSIST WITH THE DETERMINATION OF CHILD CUSTODY OR VISITATION PURSUANT TO
THIS ARTICLE, FOR PURPOSES OF SUCH COURT ORDERED FORENSIC EVALUATIONS:
  (1)  ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED EVALUATOR,
TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR  REVIEW  OF  A  FORENSIC  REPORT  IN ADVANCE OF AND DURING TRIAL. ANY
CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13341-05-4

A. 8342--A                          2

LANGUAGE ACCESS AND DISABILITY. UPON APPLICATION BY COUNSEL OR  A  PARTY
THE  COURT  SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY OF THE
COURT ORDERED EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH  TWO  OF
THIS SUBDIVISION TO BE PROVIDED TO ANY PERSON RETAINED TO ASSIST COUNSEL
OR  ANY  PARTY,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (2) PURSUANT TO A DEMAND MADE UNDER RULE THREE  THOUSAND  ONE  HUNDRED
TWENTY  OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED EVALUATOR
SHALL PROVIDE TO A PARTY, HIS OR HER ATTORNEY OR THE  ATTORNEY  FOR  THE
CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
ED  TO,  ALL UNDERLYING NOTES, TEST DATA, RAW TEST MATERIALS, UNDERLYING
MATERIALS PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR  AND
ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
ING,  SUBJECT  TO  THE  PROVISIONS OF SECTION THREE THOUSAND ONE HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (3) A WILLFUL FAILURE TO COMPLY WITH A  COURT  ORDER  CONDITIONING  OR
LIMITING  ACCESS TO A FORENSIC REPORT SHALL BE CONTEMPT OF COURT AND MAY
BE  PUNISHABLE  AS  SUCH  AS  PROVIDED  UNDER  SECTION   SEVEN   HUNDRED
FIFTY-THREE OF THE JUDICIARY LAW. THE COURT SHALL NOTIFY THE PARTIES AND
COUNSEL  ON  THE  RECORD THAT A WILLFUL FAILURE TO COMPLY WITH THE COURT
ORDER SHALL BE CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT OF A  FINE
OR IMPRISONMENT OR BOTH; AND
  (4)  ADMISSIBILITY  INTO  EVIDENCE OF THE FORENSIC REPORT OR THE COURT
ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
OR HER ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE  RULES  OF
EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
  S  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) COURT ORDERED  FORENSIC  EVALUATIONS  IN  PROCEEDINGS  INVOLVING
CHILD CUSTODY AND VISITATION. WHERE A COURT ORDER IS ISSUED FOR AN EVAL-
UATION  OF  THE  PARTIES  OR A CHILD BY A FORENSIC MENTAL HEALTH PROFES-
SIONAL OR ANY OTHER PERSON, BOTH OF  WHOM  SHALL  BE  CONSIDERED  "COURT
ORDERED  EVALUATORS"  FOR PURPOSES OF THIS SUBDIVISION, APPOINTED BY THE
COURT TO ASSIST WITH THE DETERMINATION OF CHILD  CUSTODY  OR  VISITATION
PURSUANT  TO THIS SUBDIVISION, FOR PURPOSES OF SUCH COURT ORDERED FOREN-
SIC EVALUATIONS:
  (1) ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED  EVALUATOR,
TO  BE  KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS PARAGRAPH,
SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR  REVIEW  OF  A  FORENSIC  REPORT IN ADVANCE OF AND DURING TRIAL.  ANY
CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
LANGUAGE ACCESS AND DISABILITY. UPON APPLICATION BY COUNSEL OR  A  PARTY
THE  COURT  SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY OF THE
COURT ORDERED EVALUATOR'S FILES AS PROVIDED FOR UNDER  SUBPARAGRAPH  TWO
OF  THIS PARAGRAPH TO BE PROVIDED TO ANY PERSON RETAINED TO ASSIST COUN-
SEL OR ANY PARTY, SUBJECT TO THE PROVISIONS OF  SECTION  THREE  THOUSAND
ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (2)  PURSUANT  TO  A DEMAND MADE UNDER RULE THREE THOUSAND ONE HUNDRED
TWENTY OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED  EVALUATOR
SHALL  PROVIDE  TO  A PARTY, HIS OR HER ATTORNEY OR THE ATTORNEY FOR THE

A. 8342--A                          3

CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
ED TO, ALL UNDERLYING NOTES, TEST DATA, RAW TEST  MATERIALS,  UNDERLYING
MATERIALS  PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR AND
ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
ING,  SUBJECT  TO  THE  PROVISIONS OF SECTION THREE THOUSAND ONE HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (3) A WILLFUL FAILURE TO COMPLY WITH A  COURT  ORDER  CONDITIONING  OR
LIMITING  ACCESS TO A FORENSIC REPORT SHALL BE CONTEMPT OF COURT AND MAY
BE  PUNISHABLE  AS  SUCH  AS  PROVIDED  UNDER  SECTION   SEVEN   HUNDRED
FIFTY-THREE OF THE JUDICIARY LAW. THE COURT SHALL NOTIFY THE PARTIES AND
COUNSEL  ON  THE  RECORD THAT A WILLFUL FAILURE TO COMPLY WITH THE COURT
ORDER SHALL BE CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT OF A  FINE
OR IMPRISONMENT OR BOTH; AND
  (4)  ADMISSIBILITY  INTO  EVIDENCE OF THE FORENSIC REPORT OR THE COURT
ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
OR HER ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE  RULES  OF
EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
  S  3. Subdivision (c) of section 251 of the family court act is relet-
tered subdivision (d) and a new subdivision (c)  is  added  to  read  as
follows:
  (C) COURT ORDERED FORENSIC EVALUATIONS IN CHILD CUSTODY AND VISITATION
PROCEEDINGS.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION TO THE
CONTRARY, WHERE A COURT ORDER IS ISSUED FOR AN EVALUATION OF THE PARTIES
OR A CHILD BY A FORENSIC MENTAL HEALTH PROFESSIONAL OR ANY OTHER PERSON,
BOTH OF WHOM SHALL BE CONSIDERED "COURT ORDERED EVALUATORS" FOR PURPOSES
OF THIS SUBDIVISION, APPOINTED BY THE COURT TO ASSIST WITH THE  DETERMI-
NATION OF CHILD CUSTODY OR VISITATION PURSUANT TO ARTICLE FOUR OR SIX OF
THIS ACT, FOR PURPOSES OF SUCH COURT ORDERED FORENSIC EVALUATIONS:
  (1)  NOTWITHSTANDING  SECTION  ONE  HUNDRED SIXTY-FIVE OF THIS ACT AND
SECTION FOUR HUNDRED EIGHT OF THE CIVIL  PRACTICE  LAW  AND  RULES,  THE
PROVISIONS  AND  LIMITATIONS  OF SECTIONS THREE THOUSAND ONE HUNDRED ONE
AND THREE THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES
SHALL APPLY; AND
  (2) ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED  EVALUATOR,
TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
SHALL  BE  CONFIDENTIAL  AND  KEPT  UNDER SEAL EXCEPT THAT, ALL PARTIES,
THEIR ATTORNEYS AND THE ATTORNEY FOR THE CHILD SHALL  HAVE  A  RIGHT  TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY  THE  COURT,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR REVIEW OF A FORENSIC REPORT IN ADVANCE OF  AND  DURING  TRIAL.    ANY
CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
LANGUAGE  ACCESS  AND DISABILITY. UPON APPLICATION BY COUNSEL OR A PARTY
THE COURT SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY  OF  THE
COURT ORDERED EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH THREE OF
THIS SUBDIVISION TO BE PROVIDED TO ANY PERSON RETAINED TO ASSIST COUNSEL
OR  ANY  PARTY,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (3) PURSUANT TO A DEMAND MADE UNDER RULE THREE  THOUSAND  ONE  HUNDRED
TWENTY  OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED EVALUATOR
SHALL PROVIDE TO A PARTY, HIS OR HER ATTORNEY OR THE  ATTORNEY  FOR  THE
CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
ED  TO,  ALL UNDERLYING NOTES, TEST DATA, RAW TEST MATERIALS, UNDERLYING
MATERIALS PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR  AND

A. 8342--A                          4

ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
ING,  SUBJECT  TO  THE  PROVISIONS OF SECTION THREE THOUSAND ONE HUNDRED
THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (4)  A  WILLFUL  FAILURE  TO COMPLY WITH A COURT ORDER CONDITIONING OR
LIMITING ACCESS TO A FORENSIC REPORT SHALL BE CONTEMPT OF COURT AND  MAY
BE   PUNISHABLE   AS  SUCH  AS  PROVIDED  UNDER  SECTION  SEVEN  HUNDRED
FIFTY-THREE OF THE JUDICIARY LAW. THE COURT SHALL NOTIFY THE PARTIES AND
COUNSEL ON THE RECORD THAT A WILLFUL FAILURE TO COMPLY  WITH  THE  COURT
ORDER  SHALL BE CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT OF A FINE
OR IMPRISONMENT OR BOTH; AND
  (5) ADMISSIBILITY INTO EVIDENCE OF THE FORENSIC REPORT  OR  THE  COURT
ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
OR  HER  ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE RULES OF
EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
  S 4. Section 651 of the family court act is amended by  adding  a  new
subdivision (g) to read as follows:
  (G) COURT ORDERED FORENSIC EVALUATIONS IN CHILD CUSTODY AND VISITATION
PROCEEDINGS.    NOTWITHSTANDING  THE  PROVISIONS  OF THIS SECTION TO THE
CONTRARY, WHERE A COURT ORDER IS ISSUED FOR AN EVALUATION OF THE PARTIES
OR A CHILD BY A FORENSIC MENTAL HEALTH PROFESSIONAL OR ANY OTHER PERSON,
BOTH OF WHOM SHALL BE CONSIDERED "COURT ORDERED EVALUATORS" FOR PURPOSES
OF THIS SUBDIVISION, APPOINTED BY THE COURT TO ASSIST WITH THE  DETERMI-
NATION  OF CHILD CUSTODY OR VISITATION PURSUANT TO THIS ARTICLE OR ARTI-
CLE FOUR OF THIS ACT, FOR PURPOSES OF SUCH COURT ORDERED FORENSIC EVALU-
ATIONS:
  (1) NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-FIVE  OF  THIS  ACT  AND
SECTION  FOUR  HUNDRED  EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES, THE
PROVISIONS AND LIMITATIONS OF SECTIONS THREE THOUSAND  ONE  HUNDRED  ONE
AND THREE THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES
SHALL APPLY; AND
  (2)  ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED EVALUATOR,
TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
OR  REVIEW  OF  A  FORENSIC  REPORT IN ADVANCE OF AND DURING TRIAL.  ANY
CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
LANGUAGE ACCESS AND DISABILITY. UPON APPLICATION BY COUNSEL OR  A  PARTY
THE  COURT  SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY OF THE
COURT ORDERED EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH THREE OF
THIS SUBDIVISION TO BE PROVIDED TO ANY PERSON RETAINED TO ASSIST COUNSEL
OR ANY PARTY, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (3)  PURSUANT  TO  A DEMAND MADE UNDER RULE THREE THOUSAND ONE HUNDRED
TWENTY OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED  EVALUATOR
SHALL  PROVIDE  TO  A PARTY, HIS OR HER ATTORNEY OR THE ATTORNEY FOR THE
CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
ED TO, ALL UNDERLYING NOTES, TEST DATA, RAW TEST  MATERIALS,  UNDERLYING
MATERIALS  PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR AND
ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
ING, SUBJECT TO SECTION THREE THOUSAND ONE HUNDRED THREE  OF  THE  CIVIL
PRACTICE LAW AND RULES; AND

A. 8342--A                          5

  (4)  A  WILLFUL  FAILURE  TO COMPLY WITH A COURT ORDER CONDITIONING OR
LIMITING ACCESS TO A FORENSIC REPORT SHALL BE CONTEMPT OF COURT AND  MAY
BE   PUNISHABLE   AS  SUCH  AS  PROVIDED  UNDER  SECTION  SEVEN  HUNDRED
FIFTY-THREE OF THE JUDICIARY LAW. THE COURT SHALL NOTIFY THE PARTIES AND
COUNSEL  ON  THE  RECORD THAT A WILLFUL FAILURE TO COMPLY WITH THE COURT
ORDER SHALL BE CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT OF A  FINE
OR IMPRISONMENT OR BOTH; AND
  (5)  ADMISSIBILITY  INTO  EVIDENCE OF THE FORENSIC REPORT OR THE COURT
ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
OR HER ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE  RULES  OF
EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
  S  5.  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 and directed to  promulgate  any
rules  necessary  to  implement  the provisions of this act on or before
such effective date.

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Assembly Bill A8342

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Sponsored By

WEINSTEIN

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

David Weprin

multi-Sponsors

Edward Braunstein

Harry B. Bronson

Barbara Clark

Vivian Cook

2013-A8342 - Details

2013-A8342 - Summary

2013-A8342 - Bill Text download pdf

co-Sponsors

David Weprin

multi-Sponsors

Edward Braunstein

Harry B. Bronson

Barbara Clark

Vivian Cook

2013-A8342A (ACTIVE) - Details

2013-A8342A (ACTIVE) - Summary

2013-A8342A (ACTIVE) - Bill Text download pdf

Comments