S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3503
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced  by M. of A. HEVESI, EPSTEIN -- 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  prohibiting forensic evaluations in a custody or visita-
   tion proceeding
 
   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) (1) NO COURT SHALL ORDER OR ALLOW INTO EVIDENCE A FORENSIC  REPORT
 IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED BY
 A FORENSIC EVALUATOR WHICH INCLUDES  SUCH  EVALUATOR'S  RECOMMENDATIONS,
 OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
   (II)  "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH PROFES-
 SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
 EE OR ANY OTHER PERSON AUTHORIZED BY STATUTE OR THE COURT TO  PERFORM  A
 FORENSIC  EVALUATION  RELATING  TO A PARTY OR A CHILD IN ORDER TO ASSIST
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   § 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)  (1)  NO  COURT  SHALL  ORDER  OR ALLOW INTO EVIDENCE A FORENSIC
 REPORT IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH:
   (I) "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED  BY
 A  FORENSIC  EVALUATOR  WHICH INCLUDES SUCH EVALUATOR'S RECOMMENDATIONS,
 OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
   (II) "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH  PROFES-
 SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
 EE  OR  ANY OTHER PERSON AUTHORIZED BY STATUTE OR THE COURT TO PERFORM A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01588-01-1

 A. 3503                             2
 
 FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN  ORDER  TO  ASSIST
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   §  3.  Section  651 of the family court act is amended by adding a new
 subdivision (g) to read as follows:
   (G) (1) NO COURT SHALL ORDER OR ALLOW INTO EVIDENCE A FORENSIC  REPORT
 IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED BY
 A FORENSIC EVALUATOR WHICH INCLUDES  SUCH  EVALUATOR'S  RECOMMENDATIONS,
 OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
   (II)  "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH PROFES-
 SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
 EE OR ANY OTHER PERSON AUTHORIZED BY STATUTE OR THE COURT TO  PERFORM  A
 FORENSIC  EVALUATION  RELATING  TO A PARTY OR A CHILD IN ORDER TO ASSIST
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   § 4. 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 to promulgate any rules neces-
 sary to implement the provisions of this act on or before such effective
 date.