New York Assembly Bill A00532 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 532 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. HEVESI, EPSTEIN, DINOWITZ, STIRPE -- read once and referred to the Committee on Judiciary 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: 1 Section 1. Section 70 of the domestic relations law is amended by 2 adding a new subdivision (c) to read as follows: 3 (c) (1) No court shall order or allow into evidence a forensic report 4 in the context of a custody or visitation proceeding. 5 (2) For the purposes of this subdivision: 6 (i) "forensic report" shall mean any report or evaluation prepared by 7 a forensic evaluator which includes such evaluator's recommendations, 8 opinions or conclusions as to child custody or visitation; and 9 (ii) "forensic evaluator" shall mean a forensic mental health profes- 10 sional, a probation service employee, a child protective service employ- 11 ee or any other person authorized by statute or the court to perform a 12 forensic evaluation relating to a party or a child in order to assist 13 the court in a child custody or visitation determination. 14 § 2. Paragraph (a-3) of subdivision 1 of section 240 of the domestic 15 relations law is REPEALED and a new paragraph (a-3) is added to read as 16 follows: 17 (a-3) (1) No court shall order or allow into evidence a forensic 18 report in the context of a custody or visitation proceeding. 19 (2) For the purposes of this paragraph: 20 (i) "forensic report" shall mean any report or evaluation prepared by 21 a forensic evaluator which includes such evaluator's recommendations, 22 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 
 A. 532 2 1 (ii) "forensic evaluator" shall mean a forensic mental health profes- 2 sional, a probation service employee, a child protective service employ- 3 ee or any other person authorized by statute or the court to perform a 4 forensic evaluation relating to a party or a child in order to assist 5 the court in a child custody or visitation determination. 6 § 3. Section 651 of the family court act is amended by adding a new 7 subdivision (g) to read as follows: 8 (g) (1) No court shall order or allow into evidence a forensic report 9 in the context of a custody or visitation proceeding. 10 (2) For the purposes of this subdivision: 11 (i) "forensic report" shall mean any report or evaluation prepared by 12 a forensic evaluator which includes such evaluator's recommendations, 13 opinions or conclusions as to child custody or visitation; and 14 (ii) "forensic evaluator" shall mean a forensic mental health profes- 15 sional, a probation service employee, a child protective service employ- 16 ee or any other person authorized by statute or the court to perform a 17 forensic evaluation relating to a party or a child in order to assist 18 the court in a child custody or visitation determination. 19 § 4. This act shall take effect on the ninetieth day after it shall 20 have become a law.