New York A 5143: Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings

Bill Text

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A05143 Summary:

BILL NOA05143 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORDinowitz (MS)

&nbsp

COSPNSRSeawright, Taylor, Hunter, Weprin, Durso

&nbsp

MLTSPNSRBraunstein, Cook, Glick

&nbsp

Amd §§70 & 240, Dom Rel L; amd §§251 & 651, Fam Ct Act

&nbsp

Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings.

Go to top A05143 Actions:

BILL NOA05143 

&nbsp

02/12/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA05143 Committee&nbspVotes:

Go to topA05143 Floor&nbspVotes:

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

Go to topA05143 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5143

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. DINOWITZ, SEAWRIGHT, TAYLOR, HUNTER, WEPRIN,
 DURSO -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, COOK, GLICK --
 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 child custody forensic reports

 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) Court ordered forensic evaluations in proceedings involving child
 4 custody and visitation. Where a court order is issued for an evaluation
 5 or investigation of the parties or a child by a forensic mental health
 6 professional, a probation service, a child protective service or any
 7 other person authorized by statute, all of whom shall be considered
 8 "court ordered evaluators" for purposes of this subdivision, appointed
 9 by the court to assist with the determination of child custody or visi-
 10 tation pursuant to this article, for purposes of such court ordered
 11 forensic evaluations and investigations:
 12 (1) Any report or evaluation prepared by the court ordered evaluator,
 13 to be known as a "forensic report" for the purposes of this subdivision,
 14 shall be confidential and kept under seal except that, all parties,
 15 their attorneys and the attorney for the child shall have a right to
 16 receive a copy of any such forensic report upon receipt of such a report
 17 by the court, subject to the provisions of section three thousand one
 18 hundred three of the civil practice law and rules. Provided, however, in
 19 no event shall a party or such party's counsel be prevented from access
 20 to or review of a forensic report in advance of and during trial. Any
 21 conditions or limitations imposed by the court pursuant to this subdivi-
 22 sion relating to disclosure of the forensic report shall accommodate for
 23 language access and disability. Upon application by counsel or a party
 24 the court shall permit a copy of the forensic report and a copy of the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09119-01-5

 A. 5143 2

 1 court ordered evaluator's files as provided for under paragraph two of
 2 this subdivision to be provided to any person retained to assist counsel
 3 or any party, subject to the provisions of section three thousand one
 4 hundred three of the civil practice law and rules; and
 5 (2) Pursuant to a demand made under rule three thousand one hundred
 6 twenty of the civil practice law and rules, the court ordered evaluator
 7 shall provide to a party, such party's attorney or the attorney for the
 8 child the entire file related to the proceeding including but not limit-
 9 ed to, all underlying notes, test data, raw test materials, underlying
 10 materials provided to or relied upon by the court ordered evaluator and
 11 any records, photographs or other evidence for inspection and photocopy-
 12 ing, subject to the provisions of section three thousand one hundred
 13 three of the civil practice law and rules; and
 14 (3) A willful failure to comply with a court order conditioning or
 15 limiting access to a forensic report shall be contempt of court and may
 16 be punishable as such as provided under section seven hundred fifty-
 17 three of the judiciary law. The court shall notify the parties and coun-
 18 sel on the