What's happening
This bill prohibits courts from ordering or admitting forensic evaluations or reports in child custody or visitation proceedings.
Why it matters
Shifts decision-making in custody and visitation cases away from mental health professionals and forensic evaluators, placing greater responsibility on judges to make rulings without expert recommendations.
May limit the ability of the court to consider mental health, psychological, or risk assessments in determining a child's best interests, potentially impacting the safety and well-being of children in contentious or complex cases.
Responds to concerns about the reliability, neutrality, or influence of forensic evaluations, but could also reduce tools available to identify issues like abuse, parental fitness, or family dynamics.
Could streamline court proceedings and reduce costs associated with forensic evaluations, but may increase the burden on litigants and judges to present and assess evidence directly.
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Who cares
Headline styles
Ban Forensic Custody Evaluations
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Forensic Custody Reports
In Senate Committee · Children And Families · Sponsor Anthony H. Palumbo
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 visitation 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 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. Paragraph (a-3) of subdivision 1 of section 240 of the domestic relations law is REPEALED and a new paragraph (a-3) is added 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00645-01-5
(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.
§ 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.
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.