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

                                   290

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  -- Multi-Sponsored by -- M. of A.
  BRAUNSTEIN, COOK, GLICK, JAFFEE, MARKEY -- 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
OR INVESTIGATION OF THE PARTIES OR A CHILD BY A FORENSIC  MENTAL  HEALTH
PROFESSIONAL,  A  PROBATION  SERVICE,  A CHILD PROTECTIVE SERVICE OR ANY
OTHER PERSON AUTHORIZED BY STATUTE, ALL  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  VISI-
TATION  PURSUANT  TO  THIS  ARTICLE,  FOR PURPOSES OF SUCH COURT ORDERED
FORENSIC EVALUATIONS AND INVESTIGATIONS:
  (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
LANGUAGE  ACCESS  AND DISABILITY. UPON APPLICATION BY COUNSEL OR A PARTY

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

                                                           LBD00074-01-5

A. 290                              2

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  OR  INVESTIGATION OF THE PARTIES OR A CHILD BY A FORENSIC MENTAL
HEALTH PROFESSIONAL, A PROBATION SERVICE, A CHILD PROTECTIVE SERVICE  OR
ANY  OTHER PERSON AUTHORIZED BY STATUTE, ALL 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 VISI-
TATION PURSUANT TO THIS SUBDIVISION, FOR PURPOSES OF SUCH COURT  ORDERED
FORENSIC EVALUATIONS AND INVESTIGATIONS:
  (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. 290                              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  OR  INVESTI-
GATION  OF  THE  PARTIES  OR A CHILD BY A FORENSIC MENTAL HEALTH PROFES-
SIONAL, A PROBATION SERVICE, A CHILD PROTECTIVE  SERVICE  OR  ANY  OTHER
PERSON  AUTHORIZED  BY  STATUTE,  ALL 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 ARTICLE FOUR OR SIX OF THIS ACT, FOR PURPOSES OF SUCH  COURT
ORDERED FORENSIC EVALUATIONS AND INVESTIGATIONS:
  (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-

A. 290                              4

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
  (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 OR INVESTI-
GATION OF THE PARTIES OR A CHILD BY A  FORENSIC  MENTAL  HEALTH  PROFES-
SIONAL,  A  PROBATION  SERVICE,  A CHILD PROTECTIVE SERVICE OR ANY OTHER
PERSON AUTHORIZED BY STATUTE, ALL 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  ARTICLE OR ARTICLE FOUR OF THIS ACT, FOR PURPOSES OF
SUCH COURT ORDERED FORENSIC EVALUATIONS AND INVESTIGATIONS:
  (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. 290                              5

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
  (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.