STATE OF NEW YORK ________________________________________________________________________ 632 2023-2024 Regular Sessions IN ASSEMBLY January 10, 2023 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Judiciary 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: 1 Section 1. Paragraph (a-3) of subdivision 1 of section 240 of the 2 domestic relations law, as added by a chapter of the laws of 2022 amend- 3 ing the domestic relations law and the executive law, relating to court 4 ordered forensic evaluations involving child custody and visitation, as 5 proposed in legislative bills numbers S. 6385-B and A. 2375-C, is 6 amended by adding a new subparagraph 5 to read as follows: 7 (5) A court shall appoint a forensic evaluator who has completed the 8 training program pursuant to paragraph (o) of subdivision three of 9 section five hundred seventy-five of the executive law when the child is 10 living out-of-state and is farther than one hundred miles from the New 11 York state border; provided, however, that such forensic custody evalu- 12 ation may be conducted remotely utilizing videoconferencing technology. 13 The evaluator must take all steps reasonably available to protect the 14 confidentiality of the child's disclosures for any evaluation conducted 15 remotely utilizing videoconferencing technology, as needed. 16 § 2. Paragraph (o) of subdivision 3 of section 575 of the executive 17 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
A. 632 2 1 relations law and the executive law, relating to court ordered forensic 2 evaluations involving child custody and visitation, as proposed in 3 legislative bills numbers S. 6385-B and A. 2375-C, is amended to read as 4 follows: 5 (o) (i) [Contracting, within amounts appropriated for such purpose, 6 with the not-for-profit entity the New York State Coalition Against 7 Domestic Violence, to develop a training program as described in this 8 paragraph. Such entity shall be responsible for providing such training 9 to psychiatrists, psychologists and social workers who are licensed in 10 the state of New York, so that such individuals may conduct court 11 ordered forensic evaluations involving child custody and visitation 12 pursuant to paragraph (a-3) of subdivision one of section two hundred 13 forty of the domestic relations law; and for reviewing and updating 14 training topics at least once every two years.] Within amounts appropri- 15 ated for such purpose, the office shall contract with an organization 16 designated by the federal department of health and human services to 17 coordinate statewide improvements within local communities, social 18 services systems, and programming regarding the prevention and inter- 19 vention of domestic violence in New York state to mutually develop a 20 training program as described in this paragraph. The office and such 21 organization shall be responsible for providing such training to psychi- 22 atrists, psychologists and social workers who are licensed in the state 23 of New York, so that such individuals may conduct court ordered forensic 24 evaluations, involving child custody and visitation pursuant to para- 25 graph (a-3) of subdivision one of section two hundred forty of the 26 domestic relations law; for consulting with domestic violence service 27 providers and representative organizations in the field of domestic 28 violence when such training is provided in their communities; and for 29 reviewing and updating training topics at least once every two years. 30 Such training shall include, but not be limited to, a review of: rele- 31 vant statutes; case law and psychological definitions of domestic 32 violence; coercive control and child abuse; the dynamics and effects of 33 domestic violence and child abuse, including but not limited to, 34 emotional, financial, physical, technological and sexual abuse; the 35 barriers and fears associated with reporting domestic violence and child 36 abuse and why victims may not have documented evidence of abuse; tactics 37 commonly used by one party to induce fear in another party or child, 38 including verbal, emotional, psychological, and/or economic abuse, 39 isolating techniques, coercive control, and monitoring of a partner's 40 location and activities; litigation abuse and demands for custody or 41 joint custody in order to pressure the partner to return or punish the 42 partner for leaving; trauma, particularly as it relates to sexual abuse 43 and the risks posed to children and the long-term dangers and impacts 44 imposed by the presence of adverse childhood experiences; the increased 45 risk of escalating violence that occurs during child custody 46 proceedings; and the danger of basing child custody decisions on claims 47 that a child's deficient or negative relationship with a parent is 48 caused by the other parent. 49 (ii) The office, in consultation with the [New York State Coalition 50 Against Domestic Violence] organization designated by the federal 51 department of health and human services to coordinate statewide improve- 52 ments within local communities, social services systems, and programming 53 regarding the prevention and intervention of domestic violence in New 54 York state, shall determine a reasonable number of training-hours that 55 shall be required for the first instance such program is provided to 56 psychiatrists, psychologists and social workers and a reasonable number
A. 632 3 1 of training-hours that shall be required for subsequent refresher cours- 2 es provided to such individuals. 3 (iii) The [New York State Coalition Against Domestic Violence] organ- 4 ization designated by the federal department of health and human 5 services to coordinate statewide improvements within local communities, 6 social services systems, and programming regarding the prevention and 7 intervention of domestic violence in New York state shall be responsible 8 for providing a certification of completion to each psychiatrist, 9 psychologist or social worker who satisfies the requirements of such 10 training program, so that such individuals may conduct court ordered 11 forensic evaluations involving child custody and visitation pursuant to 12 paragraph (a-3) of subdivision one of section two hundred forty of the 13 domestic relations law; and 14 § 3. Section 4 of a chapter of the laws of 2022 amending the domestic 15 relations law and the executive law, relating to court ordered forensic 16 evaluations involving child custody and visitation, as proposed in 17 legislative bills numbers S. 6385-B and A. 2375-C, is amended to read as 18 follows: 19 § 4. This act shall take effect [on the one hundred eightieth day] one 20 year after it shall have become a law. Effective immediately, the addi- 21 tion, amendment and/or repeal of any rule or regulation necessary for 22 the implementation of this act by the chief administrator of the courts, 23 with the approval of the administrative board of the courts, on its 24 effective date are authorized to be made and completed on or before such 25 effective date. 26 § 4. This act shall take effect on the same date and in the same 27 manner as a chapter of the laws of 2022 amending the domestic relations 28 law and the executive law, relating to court ordered forensic evalu- 29 ations involving child custody and visitation, as proposed in legisla- 30 tive bills numbers S. 6385-B and A. 2375-C, takes effect.