S T A T E O F N E W Y O R K
________________________________________________________________________
860
2023-2024 Regular Sessions
I N S E N A T E
January 6, 2023
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the domestic relations law, in relation to mandatory
training of a forensic evaluator in relation to court ordered forensic
evaluations involving child custody and visitation when the child is
living out-of-state; to amend the executive law, in relation to train-
ing in the prevention and intervention of domestic violence required
for forensic investigators; and to amend a chapter of the laws of 2022
amending the domestic relations law and the executive law, relating to
court ordered forensic evaluations involving child custody and visita-
tion, as proposed in legislative bills numbers S. 6385-B and A.
2375-C, relating to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a-3) of subdivision 1 of section 240 of the
domestic relations law, as added by a chapter of the laws of 2022 amend-
ing the domestic relations law and the executive law, relating to court
ordered forensic evaluations involving child custody and visitation, as
proposed in legislative bills numbers S. 6385-B and A. 2375-C, is
amended by adding a new subparagraph 5 to read as follows:
(5) A COURT SHALL APPOINT A FORENSIC EVALUATOR WHO HAS COMPLETED THE
TRAINING PROGRAM PURSUANT TO PARAGRAPH (O) OF SUBDIVISION THREE OF
SECTION FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW WHEN THE CHILD IS
LIVING OUT-OF-STATE AND IS FARTHER THAN ONE HUNDRED MILES FROM THE NEW
YORK STATE BORDER; PROVIDED, HOWEVER, THAT SUCH FORENSIC CUSTODY EVALU-
ATION MAY BE CONDUCTED REMOTELY UTILIZING VIDEOCONFERENCING TECHNOLOGY.
THE EVALUATOR MUST TAKE ALL STEPS REASONABLY AVAILABLE TO PROTECT THE
CONFIDENTIALITY OF THE CHILD'S DISCLOSURES FOR ANY EVALUATION CONDUCTED
REMOTELY UTILIZING VIDEOCONFERENCING TECHNOLOGY, AS NEEDED.
§ 2. Paragraph (o) of subdivision 3 of section 575 of the executive
law, as added by a chapter of the laws of 2022 amending the domestic
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04154-01-3
S. 860 2
relations law and the executive law, relating to court ordered forensic
evaluations involving child custody and visitation, as proposed in
legislative bills numbers S. 6385-B and A. 2375-C, is amended 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.] WITHIN AMOUNTS APPROPRI-
ATED FOR SUCH PURPOSE, THE OFFICE SHALL CONTRACT WITH AN ORGANIZATION
DESIGNATED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES TO
COORDINATE STATEWIDE IMPROVEMENTS WITHIN LOCAL COMMUNITIES, SOCIAL
SERVICES SYSTEMS, AND PROGRAMMING REGARDING THE PREVENTION AND INTER-
VENTION OF DOMESTIC VIOLENCE IN NEW YORK STATE TO MUTUALLY DEVELOP A
TRAINING PROGRAM AS DESCRIBED IN THIS PARAGRAPH. THE OFFICE AND SUCH
ORGANIZATION SHALL BE RESPONSIBLE FOR PROVIDING SUCH TRAINING TO PSYCHI-
ATRISTS, 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 PARA-
GRAPH (A-3) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THE
DOMESTIC RELATIONS LAW; FOR CONSULTING WITH DOMESTIC VIOLENCE SERVICE
PROVIDERS AND REPRESENTATIVE ORGANIZATIONS IN THE FIELD OF DOMESTIC
VIOLENCE WHEN SUCH TRAINING IS PROVIDED IN THEIR COMMUNITIES; 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: rele-
vant 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; litigation abuse and demands for custody or
joint custody in order to pressure the partner to return or punish the
partner for leaving; trauma, particularly as it relates to sexual abuse
and the risks posed to children 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] ORGANIZATION DESIGNATED BY THE FEDERAL
DEPARTMENT OF HEALTH AND HUMAN SERVICES TO COORDINATE STATEWIDE IMPROVE-
MENTS WITHIN LOCAL COMMUNITIES, SOCIAL SERVICES SYSTEMS, AND PROGRAMMING
REGARDING THE PREVENTION AND INTERVENTION OF DOMESTIC VIOLENCE IN NEW
YORK STATE, shall determine a reasonable number of training-hours that
shall be required for the first instance such program is provided to
psychiatrists, psychologists and social workers and a reasonable number
S. 860 3
of training-hours that shall be required for subsequent refresher cours-
es provided to such individuals.
(iii) The [New York State Coalition Against Domestic Violence] ORGAN-
IZATION DESIGNATED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
SERVICES TO COORDINATE STATEWIDE IMPROVEMENTS WITHIN LOCAL COMMUNITIES,
SOCIAL SERVICES SYSTEMS, AND PROGRAMMING REGARDING THE PREVENTION AND
INTERVENTION OF DOMESTIC VIOLENCE IN NEW YORK STATE shall be responsible
for providing a certification of completion to each psychiatrist,
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. Section 4 of a chapter of the laws of 2022 amending the domestic
relations law and the executive law, relating to court ordered forensic
evaluations involving child custody and visitation, as proposed in
legislative bills numbers S. 6385-B and A. 2375-C, is amended to read as
follows:
§ 4. This act shall take effect [on the one hundred eightieth day] ONE
YEAR after it shall have become a law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation 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.
§ 4. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 amending the domestic relations
law and the executive law, relating to court ordered forensic evalu-
ations involving child custody and visitation, as proposed in legisla-
tive bills numbers S. 6385-B and A. 2375-C, takes effect.
