S 4994: Establishes a moratorium on the use of forensic child custody evaluators in family court proceedings by the office of court administration.

  
  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 custody report" shall mean any report or evaluation 23 prepared by a forensic child custody evaluator which includes such eval- 24 uator's recommendations, opinions or conclusions as to child custody or 25 visitation; and 26 (ii) "forensic child custody evaluator" shall mean a licensed psychia- 27 trist, psychologist or social worker authorized by statute or the court 28 to perform a forensic evaluation relating to a party or a child in order 29 to assist the court in a child custody or visitation determination. 30 3. Forensic child custody evaluators shall not be reinstated until all 31 eleven recommendations of the Blue-Ribbon commission on forensic custody 32 evaluations have been implemented. 33 § 4. This act shall take effect immediately.