S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2375--A
 
                        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  --  committee  discharged,  bill  amended, 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-4) to read as follows:
   (A-4)  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 (N) 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  (N) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05749-02-1

 A. 2375--A                          2
 
 THIS SECTION IN REGARDS TO COMPLETING WITHIN  THE  LAST  TWO  YEARS  THE
 TRAINING  PROGRAM  PURSUANT  TO  PARAGRAPH  (N)  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 (N) OF
 SUBDIVISION THREE OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THE  EXECUTIVE
 LAW.
   (5)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTH-
 ING IN THIS PARAGRAPH SHALL PROHIBIT A PARTY TO A  PROCEEDING  INVOLVING
 CHILD  CUSTODY  AND  VISITATION  FROM  FILING  A PRIVATE RIGHT OF ACTION
 AGAINST A CHILD CUSTODY FORENSIC EVALUATOR INVOLVED IN SUCH PROCEEDING.
   § 2. Paragraph (n) of subdivision 3 of section 575  of  the  executive
 law is relettered paragraph (o) and a new paragraph (n) is added to read
 as follows:
   (N)  (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-4) 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 THE NUMBER OF  TRAINING-HOURS
 FOR  THE  FIRST  INSTANCE  SUCH  PROGRAM  IS  PROVIDED TO PSYCHIATRISTS,
 PSYCHOLOGISTS AND SOCIAL WORKERS AND THE NUMBER  OF  TRAINING-HOURS  FOR
 SUBSEQUENT 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--A                          3
 
 PURSUANT  TO  PARAGRAPH  (A-4) 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--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.