Senate Bill S753

2021-2022 Legislative Session

Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S753 (ACTIVE) - Details

See Assembly Version of this Bill:
A8110
Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§70 & 240, Dom Rel L; amd §§251 & 651, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2013-2014: A8342
2015-2016: S7089, A290
2017-2018: S6300, A1533
2019-2020: S4686, A5621
2023-2024: S4434, A3771

2021-S753 (ACTIVE) - Summary

Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings.

2021-S753 (ACTIVE) - Sponsor Memo

2021-S753 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    753
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BIAGGI, KRUEGER, THOMAS -- 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 child custody forensic reports

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 70 of the domestic relations  law  is  amended  by
 adding a new subdivision (c) to read as follows:
   (C)  COURT ORDERED FORENSIC EVALUATIONS IN PROCEEDINGS INVOLVING CHILD
 CUSTODY AND VISITATION. WHERE A COURT ORDER IS ISSUED FOR AN  EVALUATION
 OR  INVESTIGATION  OF THE PARTIES OR A CHILD BY A FORENSIC MENTAL HEALTH
 PROFESSIONAL, A PROBATION SERVICE, A CHILD  PROTECTIVE  SERVICE  OR  ANY
 OTHER  PERSON  AUTHORIZED  BY  STATUTE,  ALL OF WHOM SHALL BE CONSIDERED
 "COURT ORDERED EVALUATORS" FOR PURPOSES OF THIS  SUBDIVISION,  APPOINTED
 BY  THE COURT TO ASSIST WITH THE DETERMINATION OF CHILD CUSTODY OR VISI-
 TATION PURSUANT TO THIS ARTICLE, FOR  PURPOSES  OF  SUCH  COURT  ORDERED
 FORENSIC EVALUATIONS AND INVESTIGATIONS:
   (1)  ANY REPORT OR EVALUATION PREPARED BY THE COURT ORDERED EVALUATOR,
 TO BE KNOWN AS A "FORENSIC REPORT" FOR THE PURPOSES OF THIS SUBDIVISION,
 SHALL BE CONFIDENTIAL AND KEPT UNDER  SEAL  EXCEPT  THAT,  ALL  PARTIES,
 THEIR  ATTORNEYS  AND  THE  ATTORNEY FOR THE CHILD SHALL HAVE A RIGHT TO
 RECEIVE A COPY OF ANY SUCH FORENSIC REPORT UPON RECEIPT OF SUCH A REPORT
 BY THE COURT, SUBJECT TO THE PROVISIONS OF SECTION  THREE  THOUSAND  ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEVER, IN
 NO EVENT SHALL A PARTY OR HIS OR HER COUNSEL BE PREVENTED FROM ACCESS TO
 OR  REVIEW  OF  A  FORENSIC  REPORT  IN ADVANCE OF AND DURING TRIAL. ANY
 CONDITIONS OR LIMITATIONS IMPOSED BY THE COURT PURSUANT TO THIS SUBDIVI-
 SION RELATING TO DISCLOSURE OF THE FORENSIC REPORT SHALL ACCOMMODATE FOR
 LANGUAGE ACCESS AND DISABILITY. UPON APPLICATION BY COUNSEL OR  A  PARTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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