What's happening
This bill prohibits New York courts from ordering or admitting forensic evaluation reports as evidence in child custody or visitation proceedings.
Why it matters
Eliminates a key tool from child custody cases. By banning courts from ordering or admitting forensic mental health evaluations, this bill removes a common method used to assess the mental health, parenting capacity, or risks posed by parties in custody and visitation disputes.
Shifts decision-making away from outside experts. Judges would no longer be able to rely on written recommendations, opinions, or conclusions from forensic evaluators—including mental health professionals, probation officers, or child protective services staff—when making custody or visitation determinations.
Raises questions about evidence and fairness. Parties may have to rely more heavily on direct testimony, cross-examination, and other forms of evidence, which could impact the thoroughness, consistency, or objectivity of information presented in court.
Potentially impacts vulnerable children and high-conflict cases. In situations involving allegations of abuse, neglect, or parental unfitness, the absence of forensic evaluations may make it harder for courts to obtain comprehensive, expert-informed perspectives on a child’s best interests.
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Who cares
Headline styles
Ban Custody Forensic Reports
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10424
IN ASSEMBLY
May 11, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) -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 visitation proceeding
The People of the State of New York, represented in Senate and Assembly, 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 order or allow into evidence a forensic report in the context of a custody or visitation proceeding.
(2) For the purposes of this subdivision:
(i) "forensic report" shall mean any report or evaluation prepared by a forensic evaluator which includes such evaluator's recommendations, opinions or conclusions as to child custody or visitation; and
(ii) "forensic evaluator" shall mean a forensic mental health professional, a probation service employee, a child protective service employee or any other person 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.
§ 2. Subdivision 1 of section 240 of the domestic relations law is amended by adding a new paragraph (a-3) to read as follows:
(a-3) (1) No court shall order or allow into evidence a forensic report in the context of a custody or visitation proceeding.
(2) For the purposes of this paragraph:
(i) "forensic report" shall mean any report or evaluation prepared by a forensic evaluator which includes such evaluator's recommendations, opinions or conclusions as to child custody or visitation; and
(ii) "forensic evaluator" shall mean a forensic mental health professional, a probation service employee, a child protective service employee or any other person 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15127-02-0
A. 10424 2
§ 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 order or allow into evidence a forensic report in the context of a custody or visitation proceeding.
(2) For the purposes of this subdivision:
(i) "forensic report" shall mean any report or evaluation prepared by a forensic evaluator which includes such evaluator's recommendations, opinions or conclusions as to child custody or visitation; and
(ii) "forensic evaluator" shall mean a forensic mental health professional, a probation service employee, a child protective service employee or any other person 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.
§ 4. 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 and directed to promulgate any rules necessary to implement the provisions of this act on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.