S T A T E O F N E W Y O R K
________________________________________________________________________
6385--B
2021-2022 Regular Sessions
I N S E N A T E
April 26, 2021
___________
Introduced by Sens. HOYLMAN, PALUMBO, REICHLIN-MELNICK -- read twice and
ordered printed, and when printed to be committed to the Committee on
Children and Families -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Children and Families in accordance with Senate
Rule 6, sec. 8 -- 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-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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05749-07-2
S. 6385--B 2
(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-
TRIST, PSYCHOLOGIST OR SOCIAL WORKER WHO SATISFIES THE REQUIREMENTS OF
SUCH TRAINING PROGRAM, SO THAT SUCH INDIVIDUALS MAY CONDUCT COURT
S. 6385--B 3
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.
