New York S 146: Relates to prohibiting forensic evaluations in a custody or visitation proceeding; repealer

Bill Text

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 Speaker Carl E. Heastie

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S00146 Summary:

BILL NOS00146 

&nbsp

SAME ASSAME AS A00532

&nbsp

SPONSORPALUMBO

&nbsp

COSPNSR

&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 S00146 Actions:

BILL NOS00146 

&nbsp

01/08/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS00146 Committee&nbspVotes:

Go to topS00146 Floor&nbspVotes:

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

Go to topS00146 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 146

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. PALUMBO -- 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 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

 S. 146 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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