Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
Summary
This bill would prohibit New York courts from ordering forensic evaluations in child custody or visitation proceedings and would also bar courts from admitting forensic reports into evidence in those cases. It defines a “forensic report” broadly to include any evaluation prepared by a forensic evaluator that contains recommendations, opinions, or conclusions about custody or visitation, and it defines “forensic evaluator” to include forensic mental health professionals, probation service employees, child protective service employees, and other court-authorized evaluators.
The bill amends the Domestic Relations Law and the Family Court Act to remove existing provisions that allow these reports and replaces them with a categorical prohibition. It would apply in both Supreme Court custody matters and Family Court custody or visitation proceedings, and it would take effect 90 days after becoming law.
Impact
If enacted, the bill would significantly change how custody and visitation cases are litigated in New York by eliminating court-ordered forensic evaluations and excluding forensic reports from evidence. This would affect judges, attorneys, mental health professionals, probation and child protective personnel, and parents or other parties involved in custody disputes. It would also repeal and replace existing statutory language in the Domestic Relations Law and Family Court Act that currently governs the use of such evaluations.
Sentiment
Based on the bill text and available context, the measure appears to be presented as a reform aimed at limiting the role of forensic evaluators in custody disputes, but there is no committee transcript or vote record available to show broader legislative sentiment. As a result, the public or legislative reaction cannot be directly measured from the provided materials. The bill’s framing suggests a strong policy preference by the sponsor for removing forensic reports from custody and visitation determinations.
Contention
The main point of contention is likely whether courts should be allowed to rely on forensic evaluations in custody and visitation cases at all. Supporters would likely view the bill as protecting families from potentially biased, costly, or over-influential expert reports, while opponents may argue that judges need forensic input to assess the best interests of the child in complex disputes. The bill’s broad definition of forensic evaluator and its categorical ban on both ordering and admitting reports could also raise concerns among family law practitioners and child welfare professionals who use such evaluations as evidence.
Same As
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.
Relates 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 and is farther than one hundred miles from the New York state border; relates to training in the prevention and intervention of domestic violence required for forensic investigators.
Relates 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 and is farther than one hundred miles from the New York state border; relates to training in the prevention and intervention of domestic violence required for forensic investigators.
Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.
Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.
Relating to the qualifications, communications, and recordkeeping of a child custody evaluator and the admissibility of a child custody evaluation under certain circumstances.