S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3771
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of A. WEINSTEIN, SEAWRIGHT, TAYLOR, HUNTER, DURSO --
   Multi-Sponsored by -- M. of A. BRAUNSTEIN, COOK, GLICK  --  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 child custody forensic reports

   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) COURT ORDERED FORENSIC EVALUATIONS IN PROCEEDINGS INVOLVING  CHILD
 CUSTODY  AND VISITATION. WHERE A COURT ORDER IS ISSUED FOR AN EVALUATION
 OR INVESTIGATION OF THE PARTIES OR A CHILD BY A FORENSIC  MENTAL  HEALTH
 PROFESSIONAL,  A  PROBATION  SERVICE,  A CHILD PROTECTIVE SERVICE OR ANY
 OTHER PERSON AUTHORIZED BY STATUTE, ALL  OF  WHOM  SHALL  BE  CONSIDERED
 "COURT  ORDERED  EVALUATORS" FOR PURPOSES OF THIS SUBDIVISION, APPOINTED
 BY THE COURT TO ASSIST WITH THE DETERMINATION OF CHILD CUSTODY OR  VISI-
 TATION  PURSUANT  TO  THIS  ARTICLE,  FOR PURPOSES OF SUCH COURT ORDERED
 FORENSIC EVALUATIONS AND INVESTIGATIONS:
   (1) ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED  EVALUATOR,
 TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
 SHALL  BE  CONFIDENTIAL  AND  KEPT  UNDER SEAL EXCEPT THAT, ALL PARTIES,
 THEIR ATTORNEYS AND THE ATTORNEY FOR THE CHILD SHALL  HAVE  A  RIGHT  TO
 RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
 BY  THE  COURT,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
 NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
 OR REVIEW OF A FORENSIC REPORT IN  ADVANCE  OF  AND  DURING  TRIAL.  ANY
 CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
 SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
 LANGUAGE  ACCESS  AND DISABILITY. UPON APPLICATION BY COUNSEL OR A PARTY
 THE COURT SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00064-01-3
              

 A. 3771                             2
 
 COURT  ORDERED  EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH TWO OF
 THIS SUBDIVISION TO BE PROVIDED TO ANY PERSON RETAINED TO ASSIST COUNSEL
 OR ANY PARTY, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
   (2)  PURSUANT  TO  A DEMAND MADE UNDER RULE THREE THOUSAND ONE HUNDRED
 TWENTY OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED  EVALUATOR
 SHALL  PROVIDE  TO  A PARTY, HIS OR HER ATTORNEY OR THE ATTORNEY FOR THE
 CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
 ED TO, ALL UNDERLYING NOTES, TEST DATA, RAW TEST  MATERIALS,  UNDERLYING
 MATERIALS  PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR AND
 ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
 ING, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE  HUNDRED
 THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
   (3)  A  WILLFUL  FAILURE  TO COMPLY WITH A COURT ORDER CONDITIONING OR
 LIMITING ACCESS TO A FORENSIC REPORT SHALL BE CONTEMPT OF COURT AND  MAY
 BE  PUNISHABLE  AS  SUCH  AS PROVIDED UNDER SECTION SEVEN HUNDRED FIFTY-
 THREE OF THE JUDICIARY LAW. THE COURT SHALL NOTIFY THE PARTIES AND COUN-
 SEL ON THE RECORD THAT A WILLFUL FAILURE TO COMPLY WITH THE COURT  ORDER
 SHALL  BE  CONTEMPT  OF  COURT WHICH MAY INCLUDE PUNISHMENT OF A FINE OR
 IMPRISONMENT OR BOTH; AND
   (4) ADMISSIBILITY INTO EVIDENCE OF THE FORENSIC REPORT  OR  THE  COURT
 ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
 OR  HER  ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE RULES OF
 EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
   § 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)  COURT  ORDERED  FORENSIC  EVALUATIONS  IN PROCEEDINGS INVOLVING
 CHILD CUSTODY AND VISITATION. WHERE A COURT ORDER IS ISSUED FOR AN EVAL-
 UATION OR INVESTIGATION OF THE PARTIES OR A CHILD BY A  FORENSIC  MENTAL
 HEALTH  PROFESSIONAL, A PROBATION SERVICE, A CHILD PROTECTIVE SERVICE OR
 ANY OTHER PERSON AUTHORIZED BY STATUTE, ALL OF WHOM SHALL BE  CONSIDERED
 "COURT  ORDERED  EVALUATORS" FOR PURPOSES OF THIS SUBDIVISION, APPOINTED
 BY THE COURT TO ASSIST WITH THE DETERMINATION OF CHILD CUSTODY OR  VISI-
 TATION  PURSUANT TO THIS SUBDIVISION, FOR PURPOSES OF SUCH COURT ORDERED
 FORENSIC EVALUATIONS AND INVESTIGATIONS:
   (1) ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED  EVALUATOR,
 TO  BE  KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS PARAGRAPH,
 SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
 THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
 RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
 BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
 NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
 OR  REVIEW  OF  A  FORENSIC  REPORT IN ADVANCE OF AND DURING TRIAL.  ANY
 CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
 SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
 LANGUAGE ACCESS AND DISABILITY. UPON APPLICATION BY COUNSEL OR  A  PARTY
 THE  COURT  SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY OF THE
 COURT ORDERED EVALUATOR'S FILES AS PROVIDED FOR UNDER  SUBPARAGRAPH  TWO
 OF  THIS PARAGRAPH TO BE PROVIDED TO ANY PERSON RETAINED TO ASSIST COUN-
 SEL OR ANY PARTY, SUBJECT TO THE PROVISIONS OF  SECTION  THREE  THOUSAND
 ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
   (2)  PURSUANT  TO  A DEMAND MADE UNDER RULE THREE THOUSAND ONE HUNDRED
 TWENTY OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED  EVALUATOR
 SHALL  PROVIDE  TO  A PARTY, HIS OR HER ATTORNEY OR THE ATTORNEY FOR THE
 CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
 A. 3771                             3
 
 ED TO, ALL UNDERLYING NOTES, TEST DATA, RAW TEST  MATERIALS,  UNDERLYING
 MATERIALS  PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR AND
 ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
 ING,  SUBJECT  TO  THE  PROVISIONS OF SECTION THREE THOUSAND ONE HUNDRED
 THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
   (3) A WILLFUL FAILURE TO COMPLY WITH A  COURT  ORDER  CONDITIONING  OR
 LIMITING  ACCESS TO A FORENSIC REPORT SHALL BE CONTEMPT OF COURT AND MAY
 BE PUNISHABLE AS SUCH AS PROVIDED UNDER  SECTION  SEVEN  HUNDRED  FIFTY-
 THREE OF THE JUDICIARY LAW. THE COURT SHALL NOTIFY THE PARTIES AND COUN-
 SEL  ON THE RECORD THAT A WILLFUL FAILURE TO COMPLY WITH THE COURT ORDER
 SHALL BE CONTEMPT OF COURT WHICH MAY INCLUDE PUNISHMENT  OF  A  FINE  OR
 IMPRISONMENT OR BOTH; AND
   (4)  ADMISSIBILITY  INTO  EVIDENCE OF THE FORENSIC REPORT OR THE COURT
 ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
 OR HER ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE  RULES  OF
 EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
   §  3. Subdivision (c) of section 251 of the family court act is relet-
 tered subdivision (d) and a new subdivision (c)  is  added  to  read  as
 follows:
   (C) COURT ORDERED FORENSIC EVALUATIONS IN CHILD CUSTODY AND VISITATION
 PROCEEDINGS.  NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SECTION TO THE
 CONTRARY, WHERE A COURT ORDER IS ISSUED FOR AN  EVALUATION  OR  INVESTI-
 GATION  OF  THE  PARTIES  OR A CHILD BY A FORENSIC MENTAL HEALTH PROFES-
 SIONAL, A PROBATION SERVICE, A CHILD PROTECTIVE  SERVICE  OR  ANY  OTHER
 PERSON  AUTHORIZED  BY  STATUTE,  ALL OF WHOM SHALL BE CONSIDERED "COURT
 ORDERED EVALUATORS" FOR PURPOSES OF THIS SUBDIVISION, APPOINTED  BY  THE
 COURT  TO  ASSIST  WITH THE DETERMINATION OF CHILD CUSTODY OR VISITATION
 PURSUANT TO ARTICLE FOUR OR SIX OF THIS ACT, FOR PURPOSES OF SUCH  COURT
 ORDERED FORENSIC EVALUATIONS AND INVESTIGATIONS:
   (1)  NOTWITHSTANDING  SECTION  ONE  HUNDRED SIXTY-FIVE OF THIS ACT AND
 SECTION FOUR HUNDRED EIGHT OF THE CIVIL  PRACTICE  LAW  AND  RULES,  THE
 PROVISIONS  AND  LIMITATIONS  OF SECTIONS THREE THOUSAND ONE HUNDRED ONE
 AND THREE THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES
 SHALL APPLY; AND
   (2) ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED  EVALUATOR,
 TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
 SHALL  BE  CONFIDENTIAL  AND  KEPT  UNDER SEAL EXCEPT THAT, ALL PARTIES,
 THEIR ATTORNEYS AND THE ATTORNEY FOR THE CHILD SHALL  HAVE  A  RIGHT  TO
 RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
 BY  THE  COURT,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
 NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
 OR REVIEW OF A FORENSIC REPORT IN ADVANCE OF  AND  DURING  TRIAL.    ANY
 CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
 SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
 LANGUAGE  ACCESS  AND DISABILITY. UPON APPLICATION BY COUNSEL OR A PARTY
 THE COURT SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY  OF  THE
 COURT ORDERED EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH THREE OF
 THIS SUBDIVISION TO BE PROVIDED TO ANY PERSON RETAINED TO ASSIST COUNSEL
 OR  ANY  PARTY,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
   (3) PURSUANT TO A DEMAND MADE UNDER RULE THREE  THOUSAND  ONE  HUNDRED
 TWENTY  OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED EVALUATOR
 SHALL PROVIDE TO A PARTY, HIS OR HER ATTORNEY OR THE  ATTORNEY  FOR  THE
 CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
 ED  TO,  ALL UNDERLYING NOTES, TEST DATA, RAW TEST MATERIALS, UNDERLYING
 A. 3771                             4
 
 MATERIALS PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR  AND
 ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
 ING,  SUBJECT  TO  THE  PROVISIONS OF SECTION THREE THOUSAND ONE HUNDRED
 THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
   (4)  A  WILLFUL  FAILURE  TO COMPLY WITH A COURT ORDER CONDITIONING OR
 LIMITING ACCESS TO A FORENSIC REPORT SHALL BE CONTEMPT OF COURT AND  MAY
 BE  PUNISHABLE  AS  SUCH  AS PROVIDED UNDER SECTION SEVEN HUNDRED FIFTY-
 THREE OF THE JUDICIARY LAW. THE COURT SHALL NOTIFY THE PARTIES AND COUN-
 SEL ON THE RECORD THAT A WILLFUL FAILURE TO COMPLY WITH THE COURT  ORDER
 SHALL  BE  CONTEMPT  OF  COURT WHICH MAY INCLUDE PUNISHMENT OF A FINE OR
 IMPRISONMENT OR BOTH; AND
   (5) ADMISSIBILITY INTO EVIDENCE OF THE FORENSIC REPORT  OR  THE  COURT
 ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
 OR  HER  ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE RULES OF
 EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
   § 4. Section 651 of the family court act is amended by  adding  a  new
 subdivision (g) to read as follows:
   (G) COURT ORDERED FORENSIC EVALUATIONS IN CHILD CUSTODY AND VISITATION
 PROCEEDINGS.    NOTWITHSTANDING  THE  PROVISIONS  OF THIS SECTION TO THE
 CONTRARY, WHERE A COURT ORDER IS ISSUED FOR AN  EVALUATION  OR  INVESTI-
 GATION  OF  THE  PARTIES  OR A CHILD BY A FORENSIC MENTAL HEALTH PROFES-
 SIONAL, A PROBATION SERVICE, A CHILD PROTECTIVE  SERVICE  OR  ANY  OTHER
 PERSON  AUTHORIZED  BY  STATUTE,  ALL OF WHOM SHALL BE CONSIDERED "COURT
 ORDERED EVALUATORS" FOR PURPOSES OF THIS SUBDIVISION, APPOINTED  BY  THE
 COURT  TO  ASSIST  WITH THE DETERMINATION OF CHILD CUSTODY OR VISITATION
 PURSUANT TO THIS ARTICLE OR ARTICLE FOUR OF THIS ACT,  FOR  PURPOSES  OF
 SUCH COURT ORDERED FORENSIC EVALUATIONS AND INVESTIGATIONS:
   (1)  NOTWITHSTANDING  SECTION  ONE  HUNDRED SIXTY-FIVE OF THIS ACT AND
 SECTION FOUR HUNDRED EIGHT OF THE CIVIL  PRACTICE  LAW  AND  RULES,  THE
 PROVISIONS  AND  LIMITATIONS  OF SECTIONS THREE THOUSAND ONE HUNDRED ONE
 AND THREE THOUSAND ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES
 SHALL APPLY; AND
   (2) ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED  EVALUATOR,
 TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
 SHALL  BE  CONFIDENTIAL  AND  KEPT  UNDER SEAL EXCEPT THAT, ALL PARTIES,
 THEIR ATTORNEYS AND THE ATTORNEY FOR THE CHILD SHALL  HAVE  A  RIGHT  TO
 RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
 BY  THE  COURT,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
 NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
 OR REVIEW OF A FORENSIC REPORT IN ADVANCE OF  AND  DURING  TRIAL.    ANY
 CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
 SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
 LANGUAGE  ACCESS  AND DISABILITY. UPON APPLICATION BY COUNSEL OR A PARTY
 THE COURT SHALL PERMIT A COPY OF THE FORENSIC REPORT AND A COPY  OF  THE
 COURT ORDERED EVALUATOR'S FILES AS PROVIDED FOR UNDER PARAGRAPH THREE OF
 THIS SUBDIVISION TO BE PROVIDED TO ANY PERSON RETAINED TO ASSIST COUNSEL
 OR  ANY  PARTY,  SUBJECT TO THE PROVISIONS OF SECTION THREE THOUSAND ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
   (3) PURSUANT TO A DEMAND MADE UNDER RULE THREE  THOUSAND  ONE  HUNDRED
 TWENTY  OF THE CIVIL PRACTICE LAW AND RULES, THE COURT ORDERED EVALUATOR
 SHALL PROVIDE TO A PARTY, HIS OR HER ATTORNEY OR THE  ATTORNEY  FOR  THE
 CHILD THE ENTIRE FILE RELATED TO THE PROCEEDING INCLUDING BUT NOT LIMIT-
 ED  TO,  ALL UNDERLYING NOTES, TEST DATA, RAW TEST MATERIALS, UNDERLYING
 MATERIALS PROVIDED TO OR RELIED UPON BY THE COURT ORDERED EVALUATOR  AND
 ANY RECORDS, PHOTOGRAPHS OR OTHER EVIDENCE FOR INSPECTION AND PHOTOCOPY-
 A. 3771                             5
 
 ING,  SUBJECT  TO  SECTION THREE THOUSAND ONE HUNDRED THREE OF THE CIVIL
 PRACTICE LAW AND RULES; AND
   (4)  A  WILLFUL  FAILURE  TO COMPLY WITH A COURT ORDER CONDITIONING OR
 LIMITING ACCESS TO A FORENSIC REPORT SHALL BE CONTEMPT OF COURT AND  MAY
 BE  PUNISHABLE  AS  SUCH  AS PROVIDED UNDER SECTION SEVEN HUNDRED FIFTY-
 THREE OF THE JUDICIARY LAW. THE COURT SHALL NOTIFY THE PARTIES AND COUN-
 SEL ON THE RECORD THAT A WILLFUL FAILURE TO COMPLY WITH THE COURT  ORDER
 SHALL  BE  CONTEMPT  OF  COURT WHICH MAY INCLUDE PUNISHMENT OF A FINE OR
 IMPRISONMENT OR BOTH; AND
   (5) ADMISSIBILITY INTO EVIDENCE OF THE FORENSIC REPORT  OR  THE  COURT
 ORDERED EVALUATOR'S FILE SHALL BE SUBJECT TO OBJECTION OF ANY PARTY, HIS
 OR  HER  ATTORNEY OR THE ATTORNEY FOR THE CHILD PURSUANT TO THE RULES OF
 EVIDENCE AND SUBJECT TO THE RIGHT OF CROSS-EXAMINATION.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the chief administrator of the
 courts,  with the approval of the administrative board of the courts, is
 authorized to promulgate any rules necessary to implement the provisions
 of this act on or before such effective date.