S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2375
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05749-01-1

 A. 2375                             2
 
 AND VISITATION, SUCH CODE TO BE MADE PUBLICLY AVAILABLE ON THE OFFICE OF
 COURT ADMINISTRATION'S WEBSITE;
   (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-

 A. 2375                             3
 
 UATOR ADVISORY PANEL CREATED BY PARAGRAPH (A-3) OF THIS SUBDIVISION. ALL
 INDIVIDUALS CONDUCTING FORENSIC  EVALUATIONS  IN  PROCEEDINGS  INVOLVING
 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-

 A. 2375                             4
 
 lature  that  this  act  would  have  been  enacted even if such invalid
 provisions had not been included herein.
   §  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2375--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ, COOK, GUNTHER, SILLITTI, GALEF, MONTES-
   ANO,  McDONOUGH,  JEAN-PIERRE,  BROWN,  PHEFFER AMATO -- read once and
   referred to the Committee on Judiciary -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the domestic relations law and the executive 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) COURT ORDERED FORENSIC EVALUATIONS INVOLVING CHILD  CUSTODY  AND
 VISITATION.  (1) THE COURT MAY APPOINT A FORENSIC EVALUATOR ON BEHALF OF
 THE COURT TO EVALUATE AND INVESTIGATE THE PARTIES AND A CHILD  OR  CHIL-
 DREN  IN  A  PROCEEDING  INVOLVING CHILD CUSTODY AND VISITATION PROVIDED
 THAT THE CHILD CUSTODY FORENSIC  EVALUATOR  IS  A  PSYCHOLOGIST,  SOCIAL
 WORKER  OR PSYCHIATRIST WHO IS LICENSED IN THE STATE OF NEW YORK AND HAS
 RECEIVED WITHIN THE LAST TWO YEARS, A CERTIFICATION  OF  COMPLETION  FOR
 COMPLETING THE TRAINING PROGRAM PURSUANT TO PARAGRAPH (O) OF SUBDIVISION
 THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW.
   (2)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO INDIVID-
 UAL SHALL BE APPOINTED BY A COURT TO CONDUCT A FORENSIC EVALUATION IN  A
 PROCEEDING INVOLVING CHILD CUSTODY AND VISITATION PURSUANT TO THIS PARA-
 GRAPH  UNLESS  SUCH INDIVIDUAL HAS RECEIVED WITHIN THE LAST TWO YEARS, A
 CERTIFICATION OF COMPLETION FOR COMPLETING THE TRAINING PROGRAM PURSUANT
 TO PARAGRAPH (O) OF SUBDIVISION THREE OF SECTION FIVE  HUNDRED  SEVENTY-
 FIVE OF THE EXECUTIVE LAW.
   (3)    A  PSYCHOLOGIST,  SOCIAL  WORKER  OR PSYCHIATRIST AUTHORIZED TO
 CONDUCT COURT ORDERED CHILD CUSTODY  FORENSIC  EVALUATIONS  PURSUANT  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05749-04-1

 A. 2375--B                          2
 
 THIS SECTION SHALL NOTIFY THE COURT IN WHICH SUCH INDIVIDUAL REQUESTS TO
 BE  CONSIDERED  FOR  SUCH COURT ORDERED EVALUATIONS.   ANY PSYCHOLOGIST,
 SOCIAL WORKER OR PSYCHIATRIST WHO NO LONGER MEETS  THE  REQUIREMENTS  OF
 THIS  SECTION  IN  REGARDS  TO  COMPLETING WITHIN THE LAST TWO YEARS THE
 TRAINING PROGRAM PURSUANT TO  PARAGRAPH  (O)  OF  SUBDIVISION  THREE  OF
 SECTION  FIVE  HUNDRED  SEVENTY-FIVE OF THE EXECUTIVE LAW SHALL BE OBLI-
 GATED TO INFORM SUCH COURTS WITHIN SEVENTY-TWO HOURS OF NONCOMPLIANCE SO
 AS TO BE REMOVED FROM CONSIDERATION FOR COURT ORDERED EVALUATIONS.
   (4) UPON APPOINTMENT, THE  COURT  SHALL  REQUIRE  SUCH  CHILD  CUSTODY
 FORENSIC  EVALUATOR TO SHOW PROOF OF CERTIFICATION FOR COMPLETING WITHIN
 THE LAST TWO YEARS THE TRAINING PROGRAM PURSUANT  TO  PARAGRAPH  (O)  OF
 SUBDIVISION  THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
 LAW.
   § 2. Paragraph (o) of subdivision 3 of section 575  of  the  executive
 law is relettered paragraph (p) and a new paragraph (o) is added 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. SUCH TRAINING SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF: RELEVANT 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;  LITI-
 GATION  ABUSE AND DEMANDS FOR CUSTODY OR JOINT CUSTODY IN ORDER TO PRES-
 SURE THE PARTNER TO RETURN OR PUNISH THE PARTNER  FOR  LEAVING;  TRAUMA,
 PARTICULARLY  AS IT RELATES TO SEXUAL ABUSE AND THE RISKS POSED TO CHIL-
 DREN 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, SHALL DETERMINE A REASONABLE NUMBER OF TRAIN-
 ING-HOURS THAT SHALL BE REQUIRED FOR THE FIRST INSTANCE SUCH PROGRAM  IS
 PROVIDED  TO  PSYCHIATRISTS,  PSYCHOLOGISTS  AND  SOCIAL  WORKERS  AND A
 REASONABLE NUMBER OF TRAINING-HOURS THAT SHALL BE  REQUIRED  FOR  SUBSE-
 QUENT REFRESHER COURSES PROVIDED TO SUCH INDIVIDUALS.
   (III)  THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE SHALL BE
 RESPONSIBLE FOR PROVIDING A CERTIFICATION OF COMPLETION TO EACH PSYCHIA-
 TRIST, 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

 A. 2375--B                          3
 
 PURSUANT  TO  PARAGRAPH  (A-3) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 FORTY OF THE DOMESTIC RELATIONS LAW.
   §  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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2375--C
                                                         Cal. No. 104
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ, COOK, GUNTHER, SILLITTI, GALEF, MONTES-
   ANO, McDONOUGH, JEAN-PIERRE, BROWN, PHEFFER AMATO, L. ROSENTHAL, GRIF-
   FIN,  FERNANDEZ,  SMITH,  JACKSON  --  read  once  and referred to the
   Committee on Judiciary -- committee discharged, bill amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended  and recommitted to said committee -- ordered to a third read-
   ing, amended and ordered reprinted, retaining its place on  the  order
   of third reading
 
 AN  ACT  to  amend  the domestic relations law and the executive 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) COURT ORDERED FORENSIC EVALUATIONS INVOLVING CHILD  CUSTODY  AND
 VISITATION.  (1) THE COURT MAY APPOINT A FORENSIC EVALUATOR ON BEHALF OF
 THE COURT TO EVALUATE AND INVESTIGATE THE PARTIES AND A CHILD  OR  CHIL-
 DREN  IN  A  PROCEEDING  INVOLVING CHILD CUSTODY AND VISITATION PROVIDED
 THAT THE CHILD CUSTODY FORENSIC  EVALUATOR  IS  A  PSYCHOLOGIST,  SOCIAL
 WORKER  OR PSYCHIATRIST WHO IS LICENSED IN THE STATE OF NEW YORK AND HAS
 RECEIVED WITHIN THE LAST TWO YEARS, A CERTIFICATION  OF  COMPLETION  FOR
 COMPLETING THE TRAINING PROGRAM PURSUANT TO PARAGRAPH (O) OF SUBDIVISION
 THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW.
   (2)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO INDIVID-
 UAL SHALL BE APPOINTED BY A COURT TO CONDUCT A FORENSIC EVALUATION IN  A
 PROCEEDING INVOLVING CHILD CUSTODY AND VISITATION PURSUANT TO THIS PARA-
 GRAPH  UNLESS  SUCH INDIVIDUAL HAS RECEIVED WITHIN THE LAST TWO YEARS, A
 CERTIFICATION OF COMPLETION FOR COMPLETING THE TRAINING PROGRAM PURSUANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05749-06-2
              

 A. 2375--C                          2
 
 TO PARAGRAPH (O) OF SUBDIVISION THREE OF SECTION FIVE  HUNDRED  SEVENTY-
 FIVE OF THE EXECUTIVE LAW.
   (3)    A  PSYCHOLOGIST,  SOCIAL  WORKER  OR PSYCHIATRIST AUTHORIZED TO
 CONDUCT COURT ORDERED CHILD CUSTODY  FORENSIC  EVALUATIONS  PURSUANT  TO
 THIS SECTION SHALL NOTIFY THE COURT IN WHICH SUCH INDIVIDUAL REQUESTS TO
 BE  CONSIDERED  FOR  SUCH COURT ORDERED EVALUATIONS.   ANY PSYCHOLOGIST,
 SOCIAL WORKER OR PSYCHIATRIST WHO NO LONGER MEETS  THE  REQUIREMENTS  OF
 THIS  SECTION  IN  REGARDS  TO  COMPLETING WITHIN THE LAST TWO YEARS THE
 TRAINING PROGRAM PURSUANT TO  PARAGRAPH  (O)  OF  SUBDIVISION  THREE  OF
 SECTION  FIVE  HUNDRED  SEVENTY-FIVE OF THE EXECUTIVE LAW SHALL BE OBLI-
 GATED TO INFORM SUCH COURTS WITHIN SEVENTY-TWO HOURS OF NONCOMPLIANCE SO
 AS TO BE REMOVED FROM CONSIDERATION FOR COURT ORDERED EVALUATIONS.
   (4) UPON APPOINTMENT, THE  COURT  SHALL  REQUIRE  SUCH  CHILD  CUSTODY
 FORENSIC  EVALUATOR TO SHOW PROOF OF CERTIFICATION FOR COMPLETING WITHIN
 THE LAST TWO YEARS THE TRAINING PROGRAM PURSUANT  TO  PARAGRAPH  (O)  OF
 SUBDIVISION  THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE
 LAW.
   § 2. Paragraph (o) of subdivision 3 of section 575  of  the  executive
 law is relettered paragraph (p) and a new paragraph (o) is added 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. SUCH TRAINING SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF: RELEVANT 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;  LITI-
 GATION  ABUSE AND DEMANDS FOR CUSTODY OR JOINT CUSTODY IN ORDER TO PRES-
 SURE THE PARTNER TO RETURN OR PUNISH THE PARTNER  FOR  LEAVING;  TRAUMA,
 PARTICULARLY  AS IT RELATES TO SEXUAL ABUSE AND THE RISKS POSED TO CHIL-
 DREN 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, SHALL DETERMINE A REASONABLE NUMBER OF TRAIN-
 ING-HOURS THAT SHALL BE REQUIRED FOR THE FIRST INSTANCE SUCH PROGRAM  IS
 PROVIDED  TO  PSYCHIATRISTS,  PSYCHOLOGISTS  AND  SOCIAL  WORKERS  AND A
 REASONABLE NUMBER OF TRAINING-HOURS THAT SHALL BE  REQUIRED  FOR  SUBSE-
 QUENT REFRESHER COURSES PROVIDED TO SUCH INDIVIDUALS.
   (III)  THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE SHALL BE
 RESPONSIBLE FOR PROVIDING A CERTIFICATION OF COMPLETION TO EACH PSYCHIA-
 A. 2375--C                          3
 
 TRIST, 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. 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  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.