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A02375 Summary:

A02375 Actions:

A02375 Floor Votes:

A02375 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2375C
 
SPONSOR: Dinowitz

 
TITLE OF BILL:
 
An act to amend the domestic relations law and the executive law, in
relation to court ordered forensic evaluations involving child custody
and visitation
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to require child custody forensic evaluators
that are appointed by the court to evaluate and investigate parties in a
proceeding involving child custody and visitation to: (1) be a psychol-
ogist, social worker or psychiatrist, and (2) undergo biennial domestic
violence-related training, also established by this bill, in order qual-
ify for such appointment.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 amends subdivision 1 of section 240 of the domestic relations
law to add a new paragraph (a-4) which states that a court may appoint a
child custody forensic evaluator to evaluate and investigate the parties
and a child or children in a proceeding, provided such individual is a
psychologist, social worker or psychiatrist who is licensed in the state
of New York and has undergone the required biennial domestic violence-
related training.  The new paragraph requires a child custody forensic
evaluator to-notify the court in which such individual requests to be
considered for such court ordered evaluations; requires such individuals
to notify the court should they fall out of compliance(regarding the
biennial training requirement); and includes training documentation
requirements.

Section 2 amends subdivision three of section five hundred seventy-five
of the executive law to add a new paragraph (n) to require the Office
for the Prevention of Domestic Violence (OPDV) to contract with the
not-for-profit entity, the New York State Coalition Against Domestic
Violence (NYSCADV) to develop a training program for psychiatrists,
psychologists and social workers, so that such individuals may conduct
court ordered forensic evaluations involving child custody and visita-
tion pursuant to the above section. The new paragraph lists the topics
that shall be comprise such training, including but not limited to:
relevant statutes, case law and psychological definitions of domestic
violence, coercive control and child abuse; the dynamics and effects-of
domestic violence and child abuse; trauma, particularly as it relates to
sexual abuse and the risks posed to children and the long-term dangers
and impacts imposed by the presence of adverse childhood experiences;
and the danger of basing child custody decisions on claims that a
child's deficient or negative relationship with a parent is caused by
the other parent. The new paragraph requires the issuance of a certif-
ication of completion for such course and requires OPDV to consult with
NYSCADV to determine a reasonable number of training-hours that shall be
required for the first instance such training is provided, and a reason-
able number of training hours that shall be required for subsequent
refresher courses that are provided to individuals taking them on a
biennial basis.
 
 
JUSTIFICATION:
 
According to the Center for Judicial Excellence (CJE), a child advocacy
not-for-profit organization that promotes judicial accountability and
child safety, more than 700 children across the nation have been killed
by a parent or parental-figure during circumstances involving divorce,
separation, custody, visitation or child support since 2008. Addi-
tionally, CJE has found that at least ninety-eight children in forty
states have been killed by a parent or parental-figure after a family
court allowed unsupervised contact with the child - after the court was
informed beforehand about the parent's or parental-figure's violent
history, mental illness, or risk of harming a child.
 
In New York Family Court, custody of a child can be heavily influenced
by court appointed Forensic Evaluators, though their training or educa-
tional and professional experiences vary greatly across the state. Even
though these court appointed evaluators typically conduct mental health
evaluations, they are currently not required to be licensed mental
health professionals. They produce forensic reports that are often foun-
dational in informing the court's decision of a custody or visitation
dispute. Currently no mandatory standards or trainings exist for court
appointed evaluators, nor are they established for competence in the
nuances of domestic violence involved child custody cases. Tragically,
and despite the existence of an evaluative process, there have been many
instances in New York where children have been killed after,the court
granted unsupervised visitation to their murderer.
 
In an effort to address this deficiency in the court system, this bill
would require evaluators appointed on behalf of the court to be a
psychologist, social worker or psychiatrist who has undergone the
required biennial domestic violence-related training. The bill requires
the Office for the Prevention of Domestic Violence (OPDV) to contract
with the New York State Coalition Against Domestic Violence (NYSCADV) to
develop a training program for such individuals that covers various
aspects related to domestic violence. As an organization that is desig-
nated by the federal Department of Health and Human Services to coordi-
nate statewide improvements within local communities, social service
systems, and programming regarding the prevention and intervention of
domestic violence, NYSCADV has experience in providing domestic violence
related training and has been included in recent chapters requiring such
training in other sectors (see chapter 715 of 2019 and chapter 391 of
2019). With training and an awareness of the impact domestic violence
has on victims (among other specific topics), custody evaluators will be
better prepared to provide evaluations that are in the best interest of
the child. Finally, this bill's requirements are an acknowledgement of a
2018 congressional resolution (H.Con.Res.72), which urged state courts
to make child safety the first priority of court decisions involving
custody and parenting.
 
 
LEGISLATIVE HISTORY:
 
2019-20 - A.9888 - referred to judiciary
 
 
FISCAL IMPLICATIONS:
 
Undetermined.
 
 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall become law; provided,
however, that effective immediately: the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act by the chief administrator of the courts, with the approval of
the administrative board of the courts, on its effective date are
authorized to be made and completed on or before such effective date.

A02375 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2375--C
                                                                Cal. No. 104
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2021
                                       ___________
 
        Introduced by M. of A. DINOWITZ, COOK, GUNTHER, SILLITTI, GALEF, MONTES-
          ANO, McDONOUGH, JEAN-PIERRE, BROWN, PHEFFER AMATO, L. ROSENTHAL, GRIF-
          FIN,  FERNANDEZ,  SMITH,  JACKSON  --  read  once  and referred to the
          Committee on Judiciary -- committee discharged, bill amended,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and recommitted to said committee -- ordered to a third read-
          ing, amended and ordered reprinted, retaining its place on  the  order
          of third reading
 
        AN  ACT  to  amend  the domestic relations law and the executive law, in
          relation to court ordered forensic evaluations involving child custody
          and visitation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 240 of the domestic relations law
     2  is amended by adding a new paragraph (a-3) to read as follows:
     3    (a-3) Court ordered forensic evaluations involving child  custody  and
     4  visitation.  (1) The court may appoint a forensic evaluator on behalf of
     5  the court to evaluate and investigate the parties and a child  or  chil-
     6  dren  in  a  proceeding  involving child custody and visitation provided
     7  that the child custody forensic  evaluator  is  a  psychologist,  social
     8  worker  or psychiatrist who is licensed in the state of New York and has
     9  received within the last two years, a certification  of  completion  for
    10  completing the training program pursuant to paragraph (o) of subdivision
    11  three of section five hundred seventy-five of the executive law.
    12    (2)  Notwithstanding any provision of law to the contrary, no individ-
    13  ual shall be appointed by a court to conduct a forensic evaluation in  a
    14  proceeding involving child custody and visitation pursuant to this para-
    15  graph  unless  such individual has received within the last two years, a
    16  certification of completion for completing the training program pursuant
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05749-06-2
        A. 2375--C                          2
 
     1  to paragraph (o) of subdivision three of section five  hundred  seventy-
     2  five of the executive law.
     3    (3)    A  psychologist,  social  worker  or psychiatrist authorized to
     4  conduct court ordered child custody  forensic  evaluations  pursuant  to
     5  this section shall notify the court in which such individual requests to
     6  be  considered  for  such court ordered evaluations.   Any psychologist,
     7  social worker or psychiatrist who no longer meets  the  requirements  of
     8  this  section  in  regards  to  completing within the last two years the
     9  training program pursuant to  paragraph  (o)  of  subdivision  three  of
    10  section  five  hundred  seventy-five of the executive law shall be obli-
    11  gated to inform such courts within seventy-two hours of noncompliance so
    12  as to be removed from consideration for court ordered evaluations.
    13    (4) Upon appointment, the  court  shall  require  such  child  custody
    14  forensic  evaluator to show proof of certification for completing within
    15  the last two years the training program pursuant  to  paragraph  (o)  of
    16  subdivision  three of section five hundred seventy-five of the executive
    17  law.
    18    § 2. Paragraph (o) of subdivision 3 of section 575  of  the  executive
    19  law is relettered paragraph (p) and a new paragraph (o) is added to read
    20  as follows:
    21    (o)  (i)  Contracting,  within  amounts appropriated for such purpose,
    22  with the not-for-profit entity the  New  York  State  Coalition  Against
    23  Domestic  Violence,  to  develop a training program as described in this
    24  paragraph.  Such entity shall be responsible for providing such training
    25  to psychiatrists, psychologists and social workers who are  licensed  in
    26  the  state  of  New  York,  so  that  such individuals may conduct court
    27  ordered forensic evaluations  involving  child  custody  and  visitation
    28  pursuant  to  paragraph  (a-3) of subdivision one of section two hundred
    29  forty of the domestic relations law;  and  for  reviewing  and  updating
    30  training  topics  at  least  once  every  two years. Such training shall
    31  include, but not be limited to, a review of: relevant statutes; case law
    32  and psychological definitions of domestic violence; coercive control and
    33  child abuse; the dynamics and effects of  domestic  violence  and  child
    34  abuse,  including  but  not  limited to, emotional, financial, physical,
    35  technological and sexual abuse; the barriers and fears  associated  with
    36  reporting domestic violence and child abuse and why victims may not have
    37  documented  evidence  of  abuse;  tactics  commonly used by one party to
    38  induce fear in another party  or  child,  including  verbal,  emotional,
    39  psychological,  and/or  economic  abuse,  isolating techniques, coercive
    40  control, and monitoring of a partner's location  and  activities;  liti-
    41  gation  abuse and demands for custody or joint custody in order to pres-
    42  sure the partner to return or punish the partner  for  leaving;  trauma,
    43  particularly  as it relates to sexual abuse and the risks posed to chil-
    44  dren and the long-term dangers and impacts imposed by  the  presence  of
    45  adverse childhood experiences; the increased risk of escalating violence
    46  that  occurs  during child custody proceedings; and the danger of basing
    47  child custody decisions on claims that a child's deficient  or  negative
    48  relationship with a parent is caused by the other parent.
    49    (ii)  The  office,  in  consultation with the New York State Coalition
    50  Against Domestic Violence, shall determine a reasonable number of train-
    51  ing-hours that shall be required for the first instance such program  is
    52  provided  to  psychiatrists,  psychologists  and  social  workers  and a
    53  reasonable number of training-hours that shall be  required  for  subse-
    54  quent refresher courses provided to such individuals.
    55    (iii)  The New York State Coalition Against Domestic Violence shall be
    56  responsible for providing a certification of completion to each psychia-
        A. 2375--C                          3
 
     1  trist, psychologist or social worker who satisfies the  requirements  of
     2  such  training  program,  so  that  such  individuals  may conduct court
     3  ordered forensic evaluations  involving  child  custody  and  visitation
     4  pursuant  to  paragraph  (a-3) of subdivision one of section two hundred
     5  forty of the domestic relations law; and
     6    § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
     7  section  or  part of this title shall be adjudged by any court of compe-
     8  tent jurisdiction to be invalid, such judgment shall not affect,  impair
     9  or invalidate the remainder thereof, but shall be confined in its opera-
    10  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    11  thereof directly involved in the  controversy  in  which  such  judgment
    12  shall have been rendered. It is hereby declared the intent of the legis-
    13  lature  that  this  act  would  have  been  enacted even if such invalid
    14  provisions had not been included herein.
    15    § 4. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law. Effective immediately, the addition,  amend-
    17  ment and/or repeal of any rule or regulation necessary for the implemen-
    18  tation  of  this  act by the chief administrator of the courts, with the
    19  approval of the administrative board of the  courts,  on  its  effective
    20  date are authorized to be made and completed on or before such effective
    21  date.