New York S 1667: Prohibits certain forensic child custody evaluators from appearing as an expert witness in family court

Bill Text

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S01667 Summary:

BILL NOS01667 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHARCKHAM

&nbsp

COSPNSRCLEARE, COMRIE, COONEY, KRUEGER, PALUMBO, RAMOS, ROLISON

&nbsp

MLTSPNSR

&nbsp

Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act

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Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

Go to top S01667 Actions:

BILL NOS01667 

&nbsp

01/13/2025REFERRED TO CHILDREN AND FAMILIES

06/10/2025COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/10/2025ORDERED TO THIRD READING CAL.1730

06/10/2025PASSED SENATE

06/10/2025DELIVERED TO ASSEMBLY

06/10/2025referred to judiciary

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS01667 Committee&nbspVotes:

Go to topS01667 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01667 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1667

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sens. HARCKHAM, CLEARE, COMRIE, COONEY, KRUEGER, PALUMBO,
 RAMOS, ROLISON -- read twice and ordered printed, and when printed to
 be committed to the Committee on Children and Families

 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

 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 permit a forensic child custody evaluator to
 4 appear as an expert witness nor shall such court order or allow into
 5 evidence a forensic custody report prepared by such forensic child
 6 custody evaluator, in the context of a custody or visitation proceeding,
 7 when such forensic child custody evaluator has been removed from the
 8 panel of forensic custody evaluators by the mental health professionals
 9 certification committee or other supervisory body, has offered to step
 10 down from the panel, or has negotiated a settlement with the committee
 11 or other supervisory body and such forensic child custody evaluator will
 12 no longer be on the panel of forensic custody evaluators.
 13 (2) For the purposes of this subdivision:
 14 (i) "forensic child custody evaluator" shall mean a licensed psychia-
 15 trist, psychologist or social worker authorized by statute or the court
 16 to perform a forensic evaluation relating to a party or a child in order
 17 to assist the court in a child custody or visitation determination.
 18 (ii) "forensic custody report" shall mean any report, assessment or
 19 evaluation prepared by a forensic child custody evaluator and used by
 20 the court in a child custody or visitation determination.
 21 § 2. Subdivision 1 of section 240 of the domestic relations law is
 22 amended by adding a new paragraph (a-4) to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03892-01-5

 S. 1667 2

 1 (a-4) (1) No court shall permit a forensic child custody evaluator to
 2 appear as an expert witness nor shall such court order or allow into
 3 evidence a forensic custody report prepared by such forensic child
 4 custody evaluator, in the context of a custody or visitation proceeding,
 5 when such forensic child custody evaluator has been removed from the
 6 panel of forensic custody evaluators by the mental health professionals
 7 certification committee or other supervisory body, has offered to step
 8 down from the panel, or has negotiated a settlement with the committee
 9 or other supervisory body and such forensic child custody evaluator will
 10 no longer be on the panel of forensic custody evaluators.
 11 (2) For the purposes of this paragraph:
 12 (i) "forensic child custody evaluator" shall mean a licensed psychia-
 13 trist, psychologist or social worker authorized by statute or the court
 14 to perform a forensic evaluation relating to a party or a child in order
 15 to assist the court in a child custody or v