S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9888
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 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 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)  FORENSIC  EVALUATOR  ADVISORY  PANEL.  (1) AN ADVISORY PANEL IS
 HEREBY CREATED FOR THE PURPOSE OF DEVELOPING GUIDELINES  FOR  QUALIFICA-
 TIONS  AND  TRAINING  OF FORENSIC EVALUATORS AS WELL AS A CODE OF ETHICS
 AND STANDARDS OF PRACTICE.
   (I) THE ADVISORY PANEL SHALL CONSIST OF  THIRTEEN  MEMBERS,  OF  WHICH
 THREE  SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THREE SHALL BE
 APPOINTED BY THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  ONE  SHALL  BE
 APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY, ONE SHALL BE APPOINTED
 BY  THE  MINORITY  LEADER  OF  THE SENATE, TWO SHALL BE APPOINTED BY THE
 GOVERNOR AND THREE SHALL BE APPOINTED BY THE OFFICE  OF  COURT  ADMINIS-
 TRATION.
   (II)  SUCH  APPOINTED  MEMBERS  SHALL BE SELECTED FROM AMONG ENTITIES,
 ORGANIZATIONS OR INDIVIDUALS  WITH  EXPERTISE  OR  PRACTICAL  EXPERIENCE
 RELATED TO FORENSIC EVALUATIONS INVOLVING CHILD CUSTODY AND VISITATION.
   (III)  EACH  MEMBER  OF  THE  PANEL SHALL SERVE AT THE PLEASURE OF THE
 APPOINTING AUTHORITY, AND ANY VACANCY ON THE PANEL SHALL  BE  FILLED  IN
 THE  SAME  MANNER  AS THE ORIGINAL APPOINTMENT. SUCH PANEL MEMBERS SHALL
 SERVE WITHOUT COMPENSATION.
   (2) THE ADVISORY PANEL SHALL:
   (I) SELECT A CHAIRPERSON, FROM AMONG ITS  MEMBERSHIP,  APPROVED  BY  A
 MAJORITY OF THE AUTHORIZED MEMBERSHIP;
   (II)  DEVELOP  AND REGULARLY UPDATE A CODE OF ETHICS FOR PROFESSIONALS
 CONDUCTING FORENSIC EVALUATIONS IN PROCEEDINGS INVOLVING  CHILD  CUSTODY
 AND VISITATION, SUCH CODE TO BE MADE PUBLICLY AVAILABLE ON THE OFFICE OF
 COURT ADMINISTRATION'S WEBSITE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15449-02-0

 A. 9888                             2
 
   (III)  DEVELOP  AND REGULARLY UPDATE STANDARDS OF PRACTICE FOR PROFES-
 SIONALS CONDUCTING FORENSIC EVALUATIONS IN PROCEEDINGS  INVOLVING  CHILD
 CUSTODY  AND VISITATION, SUCH STANDARDS TO BE MADE PUBLICLY AVAILABLE ON
 THE OFFICE OF COURT ADMINISTRATION'S WEBSITE;
   (IV)  REVIEW ANY NECESSARY INFORMATION AND MAKE RECOMMENDATIONS TO THE
 LEGISLATURE AND THE CHIEF JUDGE ON  HOW  BEST  TO  SUPPORT  AND  PROMOTE
 FORENSIC  EVALUATIONS  THAT  COMPLY  WITH  THE  ADVISORY PANEL'S CODE OF
 ETHICS AND STANDARDS OF PRACTICE; AND
   (V) REVIEW ANY INFORMATION AND  REQUESTS  FROM  THE  OFFICE  OF  COURT
 ADMINISTRATION IN REGARDS TO FORENSIC EVALUATIONS IN PROCEEDINGS INVOLV-
 ING CHILD CUSTODY AND VISITATION.
   (3)  THE ADVISORY PANEL SHALL ISSUE A REPORT, NO LATER THAN JUNE THIR-
 TIETH OF EACH CALENDAR YEAR, OUTLINING THE FINDINGS AND  RECOMMENDATIONS
 OF THE PANEL AND DELIVER SUCH REPORT TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY,  THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF
 THE ASSEMBLY, AND THE MINORITY LEADER OF THE SENATE.
   (4) THE ADVISORY PANEL SHALL MEET REGULARLY AT LEAST TWO TIMES IN EACH
 YEAR. SPECIAL MEETINGS MAY BE CALLED BY ITS CHAIRPERSON.
   (5) NO MEMBER OF THE ADVISORY PANEL SHALL BE DISQUALIFIED FROM HOLDING
 ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR FORFEIT ANY  SUCH  OFFICE  OR
 EMPLOYMENT  BY REASON OF APPOINTMENT UNDER THIS PARAGRAPH, NOTWITHSTAND-
 ING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW,  ORDINANCE  OR
 CITY CHARTER.
   (6)  THE  OFFICE  OF  COURT  ADMINISTRATION SHALL PROVIDE THE ADVISORY
 PANEL WITH SUCH STAFF ASSISTANCE AND SUPPORT SERVICES AS  NECESSARY  FOR
 SUCH BOARD TO PERFORM THE FUNCTIONS REQUIRED OF IT UNDER THIS SECTION.
   §  2.  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) APPOINTMENT. THE COURT MAY APPOINT A FORENSIC EVALUATOR
 ON BEHALF OF THE COURT TO EVALUATE AND INVESTIGATE  THE  PARTIES  AND  A
 CHILD  IN  A PROCEEDING INVOLVING CHILD CUSTODY AND VISITATION WHERE THE
 FORENSIC EVALUATOR:
   (I) IS A MENTAL HEALTH PROFESSIONAL CURRENTLY LICENSED BY  THE  STATE,
 INCLUDING  BUT  NOT  LIMITED TO PSYCHOLOGISTS, PSYCHIATRISTS, AND SOCIAL
 WORKERS; AND
   (II) HAS BEEN PLACED ON A  ROSTER  OF  FORENSIC  EVALUATORS  INVOLVING
 CHILD CUSTODY AND VISITATION PURSUANT TO THIS PARAGRAPH.
   (2)  ROSTER OF FORENSIC EVALUATORS INVOLVING CHILD CUSTODY AND VISITA-
 TION.  (I) (A) THE CHIEF ADMINISTRATOR OF THE  COURTS  SHALL  PROMULGATE
 COURT  RULES  FOR  FORENSIC  EVALUATIONS  IN PROCEEDINGS INVOLVING CHILD
 CUSTODY AND VISITATION. SUCH COURT RULES SHALL PROVIDE FOR THE  DEVELOP-
 MENT OF TRAINING PROGRAMS WITH THE INPUT OF AND IN CONSULTATION WITH THE
 STATE  OFFICE  FOR  THE PREVENTION OF DOMESTIC VIOLENCE, STATE OFFICE OF
 MENTAL HEALTH, AND THE FORENSIC  EVALUATOR  ADVISORY  PANEL  CREATED  BY
 PARAGRAPH (A-3) OF THIS SUBDIVISION.
   (B) FORENSIC EVALUATOR TRAINING PROGRAMS SHALL INCLUDE THE DYNAMICS OF
 DOMESTIC  VIOLENCE  AND  ITS  EFFECT  ON VICTIMS AND ON CHILDREN AND THE
 RELATIONSHIP BETWEEN SUCH DYNAMICS AND  THE  ISSUES  CONSIDERED  BY  THE
 COURT,  INCLUDING,  BUT  NOT  LIMITED  TO, CUSTODY, VISITATION AND CHILD
 SUPPORT. SUCH TRAINING PROGRAMS ALONG WITH THE PROVIDERS OF SUCH  TRAIN-
 ING  SHALL  BE  APPROVED BY THE OFFICE OF COURT ADMINISTRATION FOLLOWING
 CONSULTATION WITH AND INPUT FROM THE STATE OFFICE FOR THE PREVENTION  OF
 DOMESTIC VIOLENCE, STATE OFFICE OF MENTAL HEALTH, AND THE FORENSIC EVAL-
 UATOR ADVISORY PANEL CREATED BY PARAGRAPH (A-3) OF THIS SUBDIVISION. ALL
 INDIVIDUALS  CONDUCTING  FORENSIC  EVALUATIONS  IN PROCEEDINGS INVOLVING

 A. 9888                             3
 
 CUSTODY AND VISITATION SHALL  HAVE  COMPLETED  SUCH  FORENSIC  EVALUATOR
 TRAINING PROGRAM WITHIN TWO YEARS OF SUCH FORENSIC EVALUATIONS.
   (II)  UPON COMPLETION OF SUCH FORENSIC EVALUATOR TRAINING PROGRAM BY A
 MENTAL HEALTH PROFESSIONAL, THE OFFICE  OF  COURT  ADMINISTRATION  SHALL
 PLACE  THE NAME OF SUCH MENTAL HEALTH PROFESSIONAL ON A ROSTER FOR FILL-
 ING COURT APPOINTMENTS FOR FORENSIC EVALUATIONS IN PROCEEDINGS INVOLVING
 CHILD CUSTODY AND VISITATION PURSUANT TO THIS PARAGRAPH FOR THE  FOLLOW-
 ING  TWO  YEARS.  SUCH  ROSTER  SHALL BE PUBLIC INFORMATION AND PUBLICLY
 AVAILABLE ON THE OFFICE OF COURT ADMINISTRATION'S WEBSITE.
   (III) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO  MENTAL
 HEALTH  PROFESSIONAL SHALL BE APPOINTED BY A COURT TO CONDUCT A FORENSIC
 EVALUATION IN A PROCEEDING INVOLVING CHILD CUSTODY AND VISITATION PURSU-
 ANT TO  THIS  PARAGRAPH  UNLESS  SUCH  MENTAL  HEALTH  PROFESSIONAL  HAS
 COMPLETED THE FORENSIC EVALUATOR TRAINING PROGRAM AND HAS BEEN PLACED ON
 THE  ROSTER  OF  FORENSIC EVALUATORS OR A WAIVER FOR EQUIVALENT TRAINING
 HAS BEEN GRANTED BY THE OFFICE OF COURT ADMINISTRATION.
   (IV) THE OFFICE OF COURT ADMINISTRATION MAY DEVELOP A PROGRAM TO WAIVE
 SPECIFIC TRAINING REQUIREMENTS BASED ON EQUIVALENT TRAINING COMPLETED BY
 PROFESSIONALS LICENSED BY ANOTHER STATE.
   (V) THE OFFICE OF COURT ADMINISTRATION SHALL REVIEW COMPLAINTS REGARD-
 ING FORENSIC EVALUATORS AND ESTABLISH  AND  USE  A  PROCESS  TO  RESOLVE
 COMPLAINTS AND, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, TEMPORARILY
 SUSPEND OR REMOVE EVALUATORS FROM THE ROSTER OF FORENSIC EVALUATORS WHEN
 NECESSARY.
   (VI)  FORENSIC  EVALUATORS  APPOINTED  ON  BEHALF  OF  THE COURT UNDER
 SECTIONS TWO HUNDRED FIFTY-ONE AND SIX HUNDRED FIFTY-ONE OF  THE  FAMILY
 COURT  ACT  SHALL  BE  FROM THE ROSTER OF FORENSIC EVALUATORS MAINTAINED
 PURSUANT TO THIS PARAGRAPH.
   (3) ANNUAL REPORT. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  SUBMIT
 AN  ANNUAL  REPORT TO THE GOVERNOR AND LEGISLATIVE LEADERS NO LATER THAN
 DECEMBER THIRTY-FIRST OF EACH YEAR. SUCH REPORT, TO THE EXTENT PRACTICA-
 BLE, SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:
   (I) A DESCRIPTION OF THE FORENSIC EVALUATION PROCESS OF APPOINTMENT;
   (II) THE NUMBER OF PROFESSIONALS PLACED  ON  THE  ROSTER  OF  FORENSIC
 EVALUATORS UNDER THIS PARAGRAPH FOR EACH CALENDAR YEAR;
   (III)  THE DATA CONSIDERED AND THE METHODOLOGY AND ASSUMPTIONS USED IN
 CONDUCTING SUCH REVIEW AND EVALUATION OF THE PROCESS, INCLUDING BUT  NOT
 LIMITED TO THE NUMBER OF EVALUATORS APPOINTED IN CHILD CUSTODY AND VISI-
 TATION CASES, THE COST OF THE EVALUATORS TO THE LITIGANTS AND THE NUMBER
 OF  TIMES  THE  COURT DEVIATES FROM THE RECOMMENDATION OF THE EVALUATOR,
 AND AN EXPLANATION FOR THE DEVIATION;
   (IV) THE NUMBER OF COMPLAINTS RECEIVED REGARDING FORENSIC  EVALUATORS,
 HOW  THE  COMPLAINTS  WERE RESOLVED, THE LENGTH OF TIME IT TOOK TO REACH
 RESOLUTION AND AN ANALYSIS OF THE EFFECTIVENESS OF THE PROCESS; AND
   (V) OTHER PERTINENT INFORMATION AS MAY BE REQUIRED AND WHICH THE CHIEF
 ADMINISTRATOR OF THE COURTS DEEMS ADVISABLE.
   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or  part of this title shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect,  impair
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion  to  the  clause, sentence, paragraph, subdivision, section or part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall have been rendered. It is hereby declared the intent of the legis-
 lature  that  this  act  would  have  been  enacted even if such invalid
 provisions had not been included herein.

 A. 9888                             4

   § 4. This act shall take effect immediately; provided,  however,  that
 section  one of this act shall take effect on the thirtieth day after it
 shall have become a law; and provided further, however, section  two  of
 this  act  shall  take  effect on the one hundred eightieth day after it
 shall  have become a law. Effective immediately, the addition, 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.