New York A 532: Relates to prohibiting forensic evaluations in a custody or visitation proceeding; repealer

Bill Text

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A00532 Summary:

BILL NOA00532 

&nbsp

SAME ASSAME AS S00146

&nbsp

SPONSORHevesi

&nbsp

COSPNSREpstein, Dinowitz, Stirpe

&nbsp

MLTSPNSR

&nbsp

Amd §§70 & 240, rpld §240 sub 1 ¶(a-3), Dom Rel L; amd §651, Fam Ct Act

&nbsp

Prohibits courts from ordering an evaluation of a party or child or allowing into evidence a forensic report created by a forensic evaluator on a party or child to assist such court in a child custody or visitation determination.

Go to top A00532 Actions:

BILL NOA00532 

&nbsp

01/08/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA00532 Committee&nbspVotes:

Go to topA00532 Floor&nbspVotes:

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

Go to topA00532 Text:

 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 visita-
 tion 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 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 order or allow into evidence a forensic report
 4 in the context of a custody or visitation proceeding.
 5 (2) For the purposes of this subdivision:
 6 (i) "forensic report" shall mean any report or evaluation prepared by
 7 a forensic evaluator which includes such evaluator's recommendations,
 8 opinions or conclusions as to child custody or visitation; and
 9 (ii) "forensic evaluator" shall mean a forensic mental health profes-
 10 sional, a probation service employee, a child protective service employ-
 11 ee or any other person authorized by statute or the court to perform a
 12 forensic evaluation relating to a party or a child in order to assist
 13 the court in a child custody or visitation determination.
 14 § 2. Paragraph (a-3) of subdivision 1 of section 240 of the domestic
 15 relations law is REPEALED and a new paragraph (a-3) is added to read as
 16 follows:
 17 (a-3) (1) No court shall order or allow into evidence a forensic
 18 report in the context of a custody or visitation proceeding.
 19 (2) For the purposes of this paragraph:
 20 (i) "forensic report" shall mean any report or evaluation prepared by
 21 a forensic evaluator which includes such evaluator's recommendations,
 22 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

 A. 532 2

 1 (ii) "forensic evaluator" shall mean a forensic mental health profes-
 2 sional, a probation service employee, a child protective service employ-
 3 ee or any other person authorized by statute or the court to perform a
 4 forensic evaluation relating to a party or a child in order to assist
 5 the court in a child custody or visitation determination.
 6 § 3. Section 651 of the family court act is amended by adding a new
 7 subdivision (g) to read as follows:
 8 (g) (1) No court shall order or allow into evidence a forensic report
 9 in the context of a custody or visitation proceeding.
 10 (2) For the purposes of this subdivision:
 11 (i) "forensic report" shall mean any report or evaluation prepared by
 12 a forensic evaluator which includes such evaluator's recommendations,
 13 opinions or conclusions as to child custody or visitation; and
 14 (ii) "forensic evaluator" shall mean a forensic mental health profes-
 15 sional, a probation service employee, a child protective service employ-
 16 ee or any other person authorized by statute or the court to perform a
 17 forensic evaluation relating to a party or a child in order to assist
 18 the court in a child custody or visitation determination.
 19 § 4. This act shall take effect on the ninetieth day after it shall
 20 have become a law.

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