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.

Statutes affected:
S1667: 70 domestic relations law, 240 domestic relations law, 240(1) domestic relations law