S 146: 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.

  
  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 Paragraph (a-3) of subdivision 1 of section 240 of the domestic 15 relations law is REPEALED and a new paragraph (a-3) is added to read as 16 follows: 17 (a-3) (1) No court shall order or allow into evidence a forensic 18 report in the context of a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.