Bill Text: NY A05143 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to court ordered forensic evaluations and reports in child custody and visitation proceedings.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced) 2025-02-12 - referred to judiciary [A05143 Detail]
Download: New_York-2025-A05143-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5143 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. DINOWITZ, SEAWRIGHT, TAYLOR, HUNTER, WEPRIN, DURSO -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, COOK, GLICK -- 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 child custody forensic reports 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) Court ordered forensic evaluations in proceedings involving child 4 custody and visitation. Where a court order is issued for an evaluation 5 or investigation of the parties or a child by a forensic mental health 6 professional, a probation service, a child protective service or any 7 other person authorized by statute, all of whom shall be considered 8 "court ordered evaluators" for purposes of this subdivision, appointed 9 by the court to assist with the determination of child custody or visi- 10 tation pursuant to this article, for purposes of such court ordered 11 forensic evaluations and investigations: 12 (1) Any report or evaluation prepared by the court ordered evaluator, 13 to be known as a "forensic report" for the purposes of this subdivision, 14 shall be confidential and kept under seal except that, all parties, 15 their attorneys and the attorney for the child shall have a right to 16 receive a copy of any such forensic report upon receipt of such a report 17 by the court, subject to the provisions of section three thousand one 18 hundred three of the civil practice law and rules. Provided, however, in 19 no event shall a party or such party's counsel be prevented from access 20 to or review of a forensic report in advance of and during trial. Any 21 conditions or limitations imposed by the court pursuant to this subdivi- 22 sion relating to disclosure of the forensic report shall accommodate for 23 language access and disability. Upon application by counsel or a party 24 the court shall permit a copy of the forensic report and a copy of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09119-01-5A. 5143 2 1 court ordered evaluator's files as provided for under paragraph two of 2 this subdivision to be provided to any person retained to assist counsel 3 or any party, subject to the provisions of section three thousand one 4 hundred three of the civil practice law and rules; and 5 (2) Pursuant to a demand made under rule three thousand one hundred 6 twenty of the civil practice law and rules, the court ordered evaluator 7 shall provide to a party, such party's attorney or the attorney for the 8 child the entire file related to the proceeding including but not limit- 9 ed to, all underlying notes, test data, raw test materials, underlying 10 materials provided to or relied upon by the court ordered evaluator and 11 any records, photographs or other evidence for inspection and photocopy- 12 ing, subject to the provisions of section three thousand one hundred 13 three of the civil practice law and rules; and 14 (3) A willful failure to comply with a court order conditioning or 15 limiting access to a forensic report shall be contempt of court and may 16 be punishable as such as provided under section seven hundred fifty- 17 three of the judiciary law. The court shall notify the parties and coun- 18 sel on the record that a willful failure to comply with the court order 19 shall be contempt of court which may include punishment of a fine or 20 imprisonment or both; and 21 (4) Admissibility into evidence of the forensic report or the court 22 ordered evaluator's file shall be subject to objection of any party, 23 such party's attorney or the attorney for the child pursuant to the 24 rules of evidence and subject to the right of cross-examination. 25 § 2. Paragraph (a-3) of subdivision 1 of section 240 of the domestic 26 relations law is amended by adding four new subparagraphs 6, 7, 8 and 9 27 to read as follows: 28 (6) Any report or evaluation prepared by the court ordered evaluator, 29 to be known as a "forensic report" for the purposes of this paragraph, 30 shall be confidential and kept under seal except that, all parties, 31 their attorneys and the attorney for the child shall have a right to 32 receive a copy of any such forensic report upon receipt of such a report 33 by the court, subject to the provisions of section three thousand one 34 hundred three of the civil practice law and rules. Provided, however, in 35 no event shall a party or such party's counsel be prevented from access 36 to or review of a forensic report in advance of and during trial. Any 37 conditions or limitations imposed by the court pursuant to this subdivi- 38 sion relating to disclosure of the forensic report shall accommodate for 39 language access and disability. Upon application by counsel or a party 40 the court shall permit a copy of the forensic report and a copy of the 41 court ordered evaluator's files as provided for under subparagraph two 42 of this paragraph to be provided to any person retained to assist coun- 43 sel or any party, subject to the provisions of section three thousand 44 one hundred three of the civil practice law and rules; and 45 (7) Pursuant to a demand made under rule three thousand one hundred 46 twenty of the civil practice law and rules, the court ordered evaluator 47 shall provide to a party, such party's attorney or the attorney for the 48 child the entire file related to the proceeding including but not limit- 49 ed to, all underlying notes, test data, raw test materials, underlying 50 materials provided to or relied upon by the court ordered evaluator and 51 any records, photographs or other evidence for inspection and photocopy- 52 ing, subject to the provisions of section three thousand one hundred 53 three of the civil practice law and rules; and 54 (8) A willful failure to comply with a court order conditioning or 55 limiting access to a forensic report shall be contempt of court and may 56 be punishable as such as provided under section seven hundred fifty-A. 5143 3 1 three of the judiciary law. The court shall notify the parties and coun- 2 sel on the record that a willful failure to comply with the court order 3 shall be contempt of court which may include punishment of a fine or 4 imprisonment or both; and 5 (9) Admissibility into evidence of the forensic report or the court 6 ordered evaluator's file shall be subject to objection of any party, 7 such party's attorney or the attorney for the child pursuant to the 8 rules of evidence and subject to the right of cross-examination. 9 § 3. Subdivision (c) of section 251 of the family court act is relet- 10 tered subdivision (d) and a new subdivision (c) is added to read as 11 follows: 12 (c) Court ordered forensic evaluations in child custody and visitation 13 proceedings. Notwithstanding the provisions of this section to the 14 contrary, where a court order is issued for an evaluation or investi- 15 gation of the parties or a child by a forensic mental health profes- 16 sional, a probation service, a child protective service or any other 17 person authorized by statute, all of whom shall be considered "court 18 ordered evaluators" for purposes of this subdivision, appointed by the 19 court to assist with the determination of child custody or visitation 20 pursuant to article four or six of this act, for purposes of such court 21 ordered forensic evaluations and investigations: 22 (1) Notwithstanding section one hundred sixty-five of this act and 23 section four hundred eight of the civil practice law and rules, the 24 provisions and limitations of sections three thousand one hundred one 25 and three thousand one hundred three of the civil practice law and rules 26 shall apply; and 27 (2) Any report or evaluation prepared by the court ordered evaluator, 28 to be known as a "forensic report" for the purposes of this subdivision, 29 shall be confidential and kept under seal except that, all parties, 30 their attorneys and the attorney for the child shall have a right to 31 receive a copy of any such forensic report upon receipt of such a report 32 by the court, subject to the provisions of section three thousand one 33 hundred three of the civil practice law and rules. Provided, however, in 34 no event shall a party or such party's counsel be prevented from access 35 to or review of a forensic report in advance of and during trial. Any 36 conditions or limitations imposed by the court pursuant to this subdivi- 37 sion relating to disclosure of the forensic report shall accommodate for 38 language access and disability. Upon application by counsel or a party 39 the court shall permit a copy of the forensic report and a copy of the 40 court ordered evaluator's files as provided for under paragraph three of 41 this subdivision to be provided to any person retained to assist counsel 42 or any party, subject to the provisions of section three thousand one 43 hundred three of the civil practice law and rules; and 44 (3) Pursuant to a demand made under rule three thousand one hundred 45 twenty of the civil practice law and rules, the court ordered evaluator 46 shall provide to a party, such party's attorney or the attorney for the 47 child the entire file related to the proceeding including but not limit- 48 ed to, all underlying notes, test data, raw test materials, underlying 49 materials provided to or relied upon by the court ordered evaluator and 50 any records, photographs or other evidence for inspection and photocopy- 51 ing, subject to the provisions of section three thousand one hundred 52 three of the civil practice law and rules; and 53 (4) A willful failure to comply with a court order conditioning or 54 limiting access to a forensic report shall be contempt of court and may 55 be punishable as such as provided under section seven hundred fifty- 56 three of the judiciary law. The court shall notify the parties and coun-A. 5143 4 1 sel on the record that a willful failure to comply with the court order 2 shall be contempt of court which may include punishment of a fine or 3 imprisonment or both; and 4 (5) Admissibility into evidence of the forensic report or the court 5 ordered evaluator's file shall be subject to objection of any party, 6 such party's attorney or the attorney for the child pursuant to the 7 rules of evidence and subject to the right of cross-examination. 8 § 4. Section 651 of the family court act is amended by adding a new 9 subdivision (g) to read as follows: 10 (g) Court ordered forensic evaluations in child custody and visitation 11 proceedings. Notwithstanding the provisions of this section to the 12 contrary, where a court order is issued for an evaluation or investi- 13 gation of the parties or a child by a forensic mental health profes- 14 sional, a probation service, a child protective service or any other 15 person authorized by statute, all of whom shall be considered "court 16 ordered evaluators" for purposes of this subdivision, appointed by the 17 court to assist with the determination of child custody or visitation 18 pursuant to this article or article four of this act, for purposes of 19 such court ordered forensic evaluations and investigations: 20 (1) Notwithstanding section one hundred sixty-five of this act and 21 section four hundred eight of the civil practice law and rules, the 22 provisions and limitations of sections three thousand one hundred one 23 and three thousand one hundred three of the civil practice law and rules 24 shall apply; and 25 (2) Any report or evaluation prepared by the court ordered evaluator, 26 to be known as a "forensic report" for the purposes of this subdivision, 27 shall be confidential and kept under seal except that, all parties, 28 their attorneys and the attorney for the child shall have a right to 29 receive a copy of any such forensic report upon receipt of such a report 30 by the court, subject to the provisions of section three thousand one 31 hundred three of the civil practice law and rules. Provided, however, in 32 no event shall a party or such party's counsel be prevented from access 33 to or review of a forensic report in advance of and during trial. Any 34 conditions or limitations imposed by the court pursuant to this subdivi- 35 sion relating to disclosure of the forensic report shall accommodate for 36 language access and disability. Upon application by counsel or a party 37 the court shall permit a copy of the forensic report and a copy of the 38 court ordered evaluator's files as provided for under paragraph three of 39 this subdivision to be provided to any person retained to assist counsel 40 or any party, subject to the provisions of section three thousand one 41 hundred three of the civil practice law and rules; and 42 (3) Pursuant to a demand made under rule three thousand one hundred 43 twenty of the civil practice law and rules, the court ordered evaluator 44 shall provide to a party, such party's attorney or the attorney for the 45 child the entire file related to the proceeding including but not limit- 46 ed to, all underlying notes, test data, raw test materials, underlying 47 materials provided to or relied upon by the court ordered evaluator and 48 any records, photographs or other evidence for inspection and photocopy- 49 ing, subject to section three thousand one hundred three of the civil 50 practice law and rules; and 51 (4) A willful failure to comply with a court order conditioning or 52 limiting access to a forensic report shall be contempt of court and may 53 be punishable as such as provided under section seven hundred fifty- 54 three of the judiciary law. The court shall notify the parties and coun- 55 sel on the record that a willful failure to comply with the court orderA. 5143 5 1 shall be contempt of court which may include punishment of a fine or 2 imprisonment or both; and 3 (5) Admissibility into evidence of the forensic report or the court 4 ordered evaluator's file shall be subject to objection of any party, 5 such party's attorney or the attorney for the child pursuant to the 6 rules of evidence and subject to the right of cross-examination. 7 § 5. This act shall take effect on the ninetieth day after it shall 8 have become a law. Effective immediately, the chief administrator of the 9 courts, with the approval of the administrative board of the courts, is 10 authorized to promulgate any rules necessary to implement the provisions 11 of this act on or before such effective date.
