New York S 4994: Establishes a moratorium on the use of forensic child custody evaluators in family court proceedings

Bill Text

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S04994 Summary:

BILL NOS04994 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHARCKHAM

&nbsp

COSPNSRCLEARE, COMRIE, COONEY, KRUEGER, PALUMBO, RAMOS

&nbsp

MLTSPNSR

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

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Establishes a moratorium on the use of forensic child custody evaluators in family court proceedings by the office of court administration.

Go to top S04994 Actions:

BILL NOS04994 

&nbsp

02/14/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS04994 Committee&nbspVotes:

Go to topS04994 Floor&nbspVotes:

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

Go to topS04994 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4994

 2025-2026 Regular Sessions

 IN SENATE

 February 14, 2025
 ___________

 Introduced by Sens. HARCKHAM, CLEARE, COMRIE, COONEY, KRUEGER, PALUMBO,
 RAMOS -- 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 establishing a moratorium on the use of forensic child
 custody evaluators in family court proceedings

 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) Notwithstanding any provision of law to the contrary, there is
 4 hereby established a moratorium on the use of forensic child custody
 5 evaluators in family court proceedings. No court shall order or allow
 6 into evidence a forensic custody report in the context of a custody or
 7 visitation proceeding.
 8 (2) For the purposes of this subdivision:
 9 (i) "forensic custody report" shall mean any report, assessment or
 10 evaluation prepared by a forensic child custody evaluator and used by
 11 the court in a child custody or visitation determination; and
 12 (ii) "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 visitation determination.
 16 (3) Forensic child custody evaluators shall not be reinstated until
 17 all eleven recommendations of the Blue-Ribbon commission on forensic
 18 custody evaluations have been implemented.
 19 § 2. Subdivision 1 of section 240 of the domestic relations law is
 20 amended by adding a new paragraph (a-4) to read as follows:
 21 (a-4) (1) Notwithstanding any provision of law to the contrary, there
 22 is hereby established a moratorium on the use of forensic child custody
 23 evaluators in family court proceedings. No court shall order or allow

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09750-01-5

 S. 4994 2

 1 into evidence a forensic custody report in the context of a custody or
 2 visitation proceeding.
 3 (2) For the purposes of this subdivision:
 4 (i) "forensic custody report" shall mean any report, assessment or
 5 evaluation prepared by a forensic child custody evaluator and used by
 6 the court in a child custody or visitation determination; and
 7 (ii) "forensic evaluator" shall mean a licensed psychiatrist, psychol-
 8 ogist or social worker authorized by statute or the court to perform a
 9 forensic evaluation relating to a party or a child in order to assist
 10 the court in a child custody or visitation determination.
 11 (3) Forensic child custody evaluators shall not be reinstated until
 12 all eleven recommendations of the Blue-Ribbon commission on forensic
 13 custody evaluations have been implemented.
 14 § 3. Section 651 of the family court act is amended by adding a new
 15 subdivision (g) to read as follows:
 16 (g) 1. Notwithstanding any provision of law to the contrary, there is
 17 hereby established a moratorium on the use of forensic child custody
 18 evaluators in family court proceedings. No court shall order or allow
 19 into evidence a forensic custody report in the context of a custody or
 20 visitation proceeding.
 21 2. For the purposes of this subdivision:
 22 (i) "forensic