NY State Senate Bill 2021-S8578

Senate Bill S8578

2021-2022 Legislative Session

Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2022	referred to judiciary delivered to assembly passed senate
May 16, 2022	ordered to third reading cal.1374 committee discharged and committed to rules
May 05, 2022	print number 8578b
May 05, 2022	amend and recommit to children and families
Mar 22, 2022	print number 8578a
Mar 22, 2022	amend and recommit to children and families
Mar 16, 2022	referred to children and families

Votes

- May 23, 2022 - Floor Vote
  S8578
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  May 16, 2022 - Rules Committee Vote
  S8578
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 16, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (1)
      
      Lanza

Bill Amendments

Original

B (Active)

2021-S8578 - Details

Current Committee:: Assembly Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S2084

2021-S8578 - Summary

Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

2021-S8578 - Sponsor Memo

                                 
BILL NUMBER: S8578

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the domestic relations law and the family court act, in
relation to prohibiting certain forensic child custody evaluators from
appearing as an expert witness in family court

 
PURPOSE:

Prohibits certain forensic child custody evaluators from appearing as an
expert witness in family court.

 
SUMMARY OF PROVISIONS:

Section 1 & 2 amends sections 70 and 240 of the domestic relations law,
respectively, to provide limitations on the court and forensic child
custody evaluators in relation to custody or visitation proceedings.
Forensic child custody evaluators who have been terminated for cause are
not permitted to appear as an expert witness nor shall such court be
permitted to order or allow into evidence a forensic report prepared by

such forensic evaluator. Additionally, the terms -forensic child custody
evaluator" and "forensic report" are defined.

Section 3 amends section 651 of the family court act to provide limita-
tions on the court and forensic child custody evaluators in relation to
custody or visitation proceedings. Forensic child custody evaluators who
have been terminated for cause are not permitted to appear as an expert
witness nor shall such court be permitted to order or allow into
evidence a forensic report prepared by such forensic evaluator. Addi-
tionally, the terms forensic child custody evaluator" and "forensic
report" are defined.

Section 4 states the effective date.

 
JUSTIFICATION:

Forensic custody evaluations are in-depth analyses used by courts as
evidence to help to determine child custody and parenting time. In 2021,
the State's Blue-Ribbon Commission on Forensic Child Custody Evalu-
ations, (The Commission) investigated the court's use of forensic child
custody evaluators after hearing from stakeholders who reported negative
experiences. Such report concluded that statewide there is no consistent
approach regarding who may act as a forensic custody evaluator, how
evaluators should conduct these evaluations, or how incompetent or
unethical evaluations may be subject to review.

Over the last five years, New York has lost 20 children who were
murdered by their own parent while they were going through a divorce,
child custody proceedings, or separation. Additionally, there have been
reports of children being placed back in care with parents who are not
fit to have custody or visitation.

It is vital that we ensure that those who act as forensic child custody
evaluators are strictly defined by law and are using best practices.
This bill seeks to ensure that forensic child custody evaluators as
defined by this act are not able to be used in court as an expert

witness nor will their forensic reports be admissible when they have
been removed from a previous position or had their license revoked.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
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 administrative
board of the courts, is authorized to promulgate any rules or regu-
lations necessary to implement the provisions of this act on or before
such effective date.

2021-S8578 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8578
 
                             I N  S E N A T E
 
                              March 16, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation to prohibiting certain forensic child custody evaluators from
   appearing as an expert witness in family court

   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 PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE A FORENSIC REPORT PREPARED BY SUCH FORENSIC CHILD CUSTODY EVAL-
 UATOR,  IN  THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING, WHEN SUCH
 FORENSIC CHILD CUSTODY EVALUATOR HAS HAD THEIR EMPLOYMENT TERMINATED FOR
 CAUSE.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER 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.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY 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 PERMIT A FORENSIC CHILD CUSTODY EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC REPORT PREPARED BY SUCH FORENSIC CHILD CUSTODY EVAL-
 UATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,  WHEN  SUCH
 FORENSIC CHILD CUSTODY EVALUATOR HAS HAD THEIR EMPLOYMENT TERMINATED FOR
 CAUSE.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH:
   (I)  "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE  COURT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14752-04-2
 S. 8578                             2
 
 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.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED  BY A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY 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 PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE A FORENSIC REPORT PREPARED BY SUCH FORENSIC CHILD CUSTODY EVAL-
 UATOR,  IN  THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING, WHEN SUCH
 FORENSIC CHILD CUSTODY EVALUATOR HAS HAD THEIR EMPLOYMENT TERMINATED FOR
 CAUSE.
   2. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER 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.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED BY A FORENSIC EVALUATOR AND USED BY THE COURT IN A CHILD CUSTO-
 DY 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.

co-Sponsors

2021-S8578A - Details

Current Committee:: Assembly Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S2084

2021-S8578A - Summary

Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

2021-S8578A - Sponsor Memo

                                 
BILL NUMBER: S8578A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the domestic relations law and the family court act, in
relation to prohibiting certain forensic child custody evaluators from
appearing as an expert witness in family court

 
PURPOSE:

Prohibits certain forensic child custody evaluators from appearing as an
expert witness in family court.

 
SUMMARY OF PROVISIONS:

Section 1 & 2 amends sections 70 and 240 of the domestic relations law,
respectively, to provide that no court shall permit a forensic child
custody evaluator to appear as an expert witness nor shall such court
order or allow into evidence a forensic report prepared by such forensic
child custody evaluator, in the context of a custody or visitation
proceeding, when such forensic child custody evaluators has been removed

from the panel of forensic custody evaluators by the mental health
professionals certification committee or other supervisory body, has
offered to step down from the panel, or has negotiated a settlement with
the committee or other supervisor body and such forensic child custody
evaluator will no longer be on the panel of forensic custody evaluators.
Additionally, the section defines the terms "forensic child custody
evaluator" and "forensic report".

Section 3 amends section 651 of the family court act to provide that no
court shall permit a forensic child custody evaluator to appear as an
expert witness nor shall such court order or allow into evidence a
forensic report, or updated report, prepared by such forensic child
custody evaluator, to be entered into evidence at a hearing, or in any
proceeding involving custody or visitation, where the forensic custody
evaluator's testimony has been barred or excluded, in whole or in part,
for any reason. Additionally, the terms "forensic child custody evalu-
ator" and "forensic report" are defined.

Section 4 states the effective date.

 
JUSTIFICATION:

Forensic custody evaluations are in-depth analyses used by courts as
evidence to help to determine child custody and parenting time. In 2021,
the State's Blue-Ribbon Commission on Forensic Child Custody Evalu-
ations, (The Commission) investigated the court's use of forensic child
custody evaluators after hearing from stakeholders who reported negative
experiences. Such report concluded that statewide there is no consistent
approach regarding who may act as a forensic custody evaluator, how
evaluators should conduct these evaluations, or how incompetent or
unethical evaluations may be subject to review.

Over the last five years, New York has lost 20 children who were
murdered by their own parent while they were going through a divorce,
child custody proceedings, or separation. Additionally, there have been
reports of children being placed back in care with parents who are not
fit to have custody or visitation.
It is vital that we ensure that those who act as forensic child custody
evaluators are strictly defined by law and are using best practices.
This bill seeks to ensure that forensic child custody evaluators as
defined by this act are not able to be used in court as an expert
witness nor will their forensic reports be admissible when they have
been removed from a previous position or had their license revoked.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
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 administrative
board of the courts, is authorized to promulgate any rules or regu-
lations necessary to implement the provisions of this act on or before
such effective date.

2021-S8578A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8578--A
 
                             I N  S E N A T E
 
                              March 16, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation to prohibiting certain forensic child custody evaluators from
   appearing as an expert witness in family court
 
   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 PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE A FORENSIC REPORT PREPARED BY SUCH FORENSIC CHILD CUSTODY EVAL-
 UATOR,  IN  THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING, WHEN SUCH
 FORENSIC CHILD CUSTODY EVALUATOR HAS BEEN  REMOVED  FROM  THE  PANEL  OF
 FORENSIC  CUSTODY  EVALUATORS BY THE MENTAL HEALTH PROFESSIONALS CERTIF-
 ICATION COMMITTEE OR OTHER SUPERVISORY BODY, HAS OFFERED  TO  STEP  DOWN
 FROM  THE  PANEL,  OR  HAS NEGOTIATED A SETTLEMENT WITH THE COMMITTEE OR
 OTHER SUPERVISOR BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL  NO
 LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER 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.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED  BY A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY 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 PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE A FORENSIC REPORT PREPARED BY SUCH FORENSIC CHILD CUSTODY EVAL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14752-06-2
 S. 8578--A                          2
 
 UATOR,  IN  THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING, WHEN SUCH
 FORENSIC CHILD CUSTODY EVALUATOR HAS BEEN  REMOVED  FROM  THE  PANEL  OF
 FORENSIC  CUSTODY  EVALUATORS BY THE MENTAL HEALTH PROFESSIONALS CERTIF-
 ICATION  COMMITTEE  OR  OTHER SUPERVISORY BODY, HAS OFFERED TO STEP DOWN
 FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT  WITH  THE  COMMITTEE  OR
 OTHER  SUPERVISOR BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL NO
 LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER 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.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY 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 PERMIT A FORENSIC  CHILD  CUSTODY  EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC REPORT, OR UPDATED REPORT, PREPARED BY SUCH FORENSIC
 CHILD CUSTODY EVALUATOR, TO BE ENTERED INTO EVIDENCE AT A HEARING, OR IN
 ANY PROCEEDING INVOLVING  CUSTODY  OR  VISITATION,  WHERE  THE  FORENSIC
 CUSTODY  EVALUATOR'S  TESTIMONY HAS BEEN BARRED OR EXCLUDED, IN WHOLE OR
 IN PART, FOR ANY REASON.
   2. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER 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.
   (II) "FORENSIC REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR EVALUATION
 PREPARED BY A FORENSIC EVALUATOR AND USED BY THE COURT IN A CHILD CUSTO-
 DY 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.

co-Sponsors

View additional co-sponsors

2021-S8578B (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:: S2084

2021-S8578B (ACTIVE) - Summary

Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

2021-S8578B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8578B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the domestic relations law and the family court act, in
relation to prohibiting certain forensic child custody evaluators from
appearing as an expert witness in family court

 
PURPOSE:

Prohibits certain forensic child custody evaluators from appearing as an
expert witness in family court.

 
SUMMARY OF PROVISIONS:

Section 1 & 2 amends sections 70 and 240 of the domestic relations law,
respectively, to provide that no court shall permit a forensic child
custody evaluator to appear as an expert witness nor shall such court
order or allow into evidence a forensic custody report prepared by such
forensic child custody evaluator, in the context of a custody or visita-
tion proceeding, when such forensic child custody evaluators has been

removed from the panel of forensic custody evaluators by the mental
health professionals certification committee or other supervisory body,
has offered to step down from the panel, or has negotiated a settlement
with the committee or other supervisory body and such forensic child
custody evaluator will no longer be on the panel of forensic custody
evaluators. Additionally, the section defines the terms "forensic child
custody evaluator" and "forensic custody report".

Section 3 amends section 651 of the family court act to provide that no
court shall permit a forensic child custody evaluator to appear as an
expert witness nor shall such court order or allow into evidence a
forensic custody report prepared by such forensic child custody evalu-
ator, in the context of a custody or visitation proceeding, when such
forensic child custody evaluators has been removed from the panel of
forensic custody evaluators by the mental health professionals certif-
ication committee or other supervisory body, has offered to step down
from the panel, or has negotiated a settlement with the committee or
other supervisory body and such forensic child custody evaluator will no
longer be on the panel of forensic custody evaluators. Additionally, the
section defines the terms "forensic child custody evaluator" and "foren-
sic custody report".

Section 4 states the effective date.

 
JUSTIFICATION:

Forensic custody evaluations are in-depth analyses used by courts as
evidence to help to determine child custody and parenting time. In 2021,
the State's Blue-Ribbon Commission on Forensic Child Custody Evalu-
ations, (The Commission) investigated the court's use of forensic child
custody evaluators after hearing from stakeholders who reported negative
experiences. Such report concluded that statewide there is no consistent
approach regarding who may act as a forensic custody evaluator, how
evaluators should conduct these evaluations, or how incompetent or
unethical evaluations may be subject to review.


It is vital that we ensure that those who act as forensic child custody
evaluators are strictly defined by law and are using best practices.
This bill seeks to ensure that forensic child custody evaluators as
defined by this act are not able to be used in court as an expert
witness nor will their forensic reports be admissible when they have
been removed from a previous position or had their license revoked.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
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 administrative
board of the courts, is authorized to promulgate any rules or regu-
lations necessary to implement the provisions of this act on or before
such effective date.

2021-S8578B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8578--B
 
                             I N  S E N A T E
 
                              March 16, 2022
                                ___________
 
 Introduced by Sens. HARCKHAM, KRUEGER, PALUMBO -- 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 -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the domestic relations law and the family court act,  in
   relation to prohibiting certain forensic child custody evaluators from
   appearing as an expert witness in family court
 
   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 PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE  A  FORENSIC  CUSTODY  REPORT  PREPARED  BY SUCH FORENSIC CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN SUCH FORENSIC CHILD CUSTODY EVALUATOR HAS  BEEN  REMOVED  FROM  THE
 PANEL  OF FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH PROFESSIONALS
 CERTIFICATION COMMITTEE OR OTHER SUPERVISORY BODY, HAS OFFERED  TO  STEP
 DOWN  FROM  THE PANEL, OR HAS NEGOTIATED A SETTLEMENT WITH THE COMMITTEE
 OR OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL
 NO LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED  PSYCHIA-
 TRIST,  PSYCHOLOGIST OR SOCIAL WORKER 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.
   (II) "FORENSIC CUSTODY REPORT" SHALL MEAN ANY  REPORT,  ASSESSMENT  OR
 EVALUATION  PREPARED  BY  A FORENSIC CHILD CUSTODY EVALUATOR AND USED BY
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14752-08-2

 S. 8578--B                          2
 
   (A-3)  (1) NO COURT SHALL PERMIT A FORENSIC CHILD CUSTODY EVALUATOR TO
 APPEAR AS AN EXPERT WITNESS NOR SHALL SUCH COURT  ORDER  OR  ALLOW  INTO
 EVIDENCE  A  FORENSIC  CUSTODY  REPORT  PREPARED  BY SUCH FORENSIC CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN  SUCH  FORENSIC  CHILD  CUSTODY EVALUATOR HAS BEEN REMOVED FROM THE
 PANEL OF FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH  PROFESSIONALS
 CERTIFICATION  COMMITTEE  OR OTHER SUPERVISORY BODY, HAS OFFERED TO STEP
 DOWN FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT WITH  THE  COMMITTEE
 OR OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL
 NO LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH:
   (I)  "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER 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.
   (II)  "FORENSIC  CUSTODY  REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR
 EVALUATION PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR  AND  USED  BY
 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 PERMIT A FORENSIC  CHILD  CUSTODY  EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC CUSTODY  REPORT  PREPARED  BY  SUCH  FORENSIC  CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN  SUCH  CHILD  CUSTODY  EVALUATOR HAS BEEN REMOVED FROM THE PANEL OF
 FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH  PROFESSIONALS  CERTIF-
 ICATION  COMMITTEE  OR  OTHER SUPERVISORY BODY, HAS OFFERED TO STEP DOWN
 FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT  WITH  THE  COMMITTEE  OR
 OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL NO
 LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   2. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER 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.
   (II)  "FORENSIC  CUSTODY  REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR
 EVALUATION PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR  AND  USED  BY
 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.

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Senate Bill S8578

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Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2021-S8578 - Details

2021-S8578 - Summary

2021-S8578 - Sponsor Memo

2021-S8578 - Bill Text download pdf

co-Sponsors

2021-S8578A - Details

2021-S8578A - Summary

2021-S8578A - Sponsor Memo

2021-S8578A - Bill Text download pdf

co-Sponsors

2021-S8578B (ACTIVE) - Details

2021-S8578B (ACTIVE) - Summary

2021-S8578B (ACTIVE) - Sponsor Memo

2021-S8578B (ACTIVE) - Bill Text download pdf

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