NY State Senate Bill 2025-S1667

Senate Bill S1667

2025-2026 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Children And Families 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2025	referred to children and families

co-Sponsors

View additional co-sponsors

2025-S1667 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8578
2023-2024: S2084

2025-S1667 (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.

2025-S1667 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1667

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 amend 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 admis-
sible when they have been removed from a previous position or had their
license revoked.

 
LEGISLATIVE HISTORY:

2022-2024: S2084 - Died in Children's & Families

2021-2022: S8578B/A10087A - Passed Senate/Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
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.

2025-S1667 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1667
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by Sens. HARCKHAM, CLEARE, COMRIE, COONEY, KRUEGER, PALUMBO,
   RAMOS, ROLISON -- 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.
                                                            LBD03892-01-5
 S. 1667                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.