S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    146
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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 forensic evaluations in a custody or visita-
   tion proceeding; and to repeal  certain  provisions  of  the  domestic
   relations law relating thereto
 
   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 ORDER OR ALLOW INTO EVIDENCE A FORENSIC REPORT
 IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED  BY
 A  FORENSIC  EVALUATOR  WHICH INCLUDES SUCH EVALUATOR'S RECOMMENDATIONS,
 OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
   (II) "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH  PROFES-
 SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
 EE  OR  ANY OTHER PERSON 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.
   §  2.  Paragraph (a-3) of subdivision 1 of section 240 of the domestic
 relations law is REPEALED and a new paragraph (a-3) is added to read  as
 follows:
   (A-3)  (1)  NO  COURT  SHALL  ORDER  OR ALLOW INTO EVIDENCE A FORENSIC
 REPORT IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH:
   (I) "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED  BY
 A  FORENSIC  EVALUATOR  WHICH INCLUDES SUCH EVALUATOR'S RECOMMENDATIONS,
 OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00645-01-5
 S. 146                              2
 
   (II) "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH  PROFES-
 SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
 EE  OR  ANY OTHER PERSON 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.
   §  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 ORDER OR ALLOW INTO EVIDENCE A FORENSIC  REPORT
 IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "FORENSIC REPORT" SHALL MEAN ANY REPORT OR EVALUATION PREPARED BY
 A FORENSIC EVALUATOR WHICH INCLUDES  SUCH  EVALUATOR'S  RECOMMENDATIONS,
 OPINIONS OR CONCLUSIONS AS TO CHILD CUSTODY OR VISITATION; AND
   (II)  "FORENSIC EVALUATOR" SHALL MEAN A FORENSIC MENTAL HEALTH PROFES-
 SIONAL, A PROBATION SERVICE EMPLOYEE, A CHILD PROTECTIVE SERVICE EMPLOY-
 EE OR ANY OTHER PERSON 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.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.