S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2084
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, CLEARE, COMRIE, COONEY, KRUEGER, PALUMBO,
   RAMOS -- 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 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-4) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06769-01-3
 S. 2084                             2
              

 
   (A-4) (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. 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.