New York State Assembly

 
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A00632 Summary:

A00632 Actions:

A00632 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:01/18/2023AYE/NAY:15/6  Action: Favorable refer to committee Ways and Means        
Lavine
Aye
Tannousis
Nay
Zebrowski
Aye
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Steck
Aye
Brown
Nay
Seawright
Aye
Flood
Nay
Joyner
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye
Simon
Aye
Sayegh
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:01/18/2023AYE/NAY:22/11  Action: Favorable refer to committee Rules        
Weinstein
Excused
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Pretlow
Aye
Hawley
Nay
Colton
Aye
Blankenbush
Nay
Cook
Aye
Norris
Nay
Aubry
Aye
Brabenec
Nay
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Nay
Braunstein
Aye
Manktelow
Nay
McDonald
Aye
Smullen
Nay
Rozic
Aye
Dinowitz
Aye
Joyner
Excused
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:01/18/2023AYE/NAY:20/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Excused
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A00632 Floor Votes:

A00632 Memo:

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



 
BILL NUMBER: A632
 
SPONSOR: Dinowitz

 
TITLE OF BILL:
 
An act to amend the domestic relations law, in relation to mandatory
training of a forensic evaluator in relation to court ordered forensic
evaluations involving child custody and visitation when the child is
living out-of-state; to amend the executive law, in relation to training
in the prevention and intervention of domestic violence required for
forensic investigators; and to amend a chapter of the laws of 2022
amending the domestic relations law and the executive law, relating to
court ordered forensic evaluations involving child custody and visita-
tion, as proposed in legislative bills numbers S. 6385-B and A. 2375-C,
relating to the effectiveness thereof
 
 
PURPOSE:
 
The purpose of this bill is to amend Chapter 740 of the Laws of 2022 to
effectuate the intent of the law.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 establishes that a court may appoint a forensic evaluator that
has completed the authorized training program if the child is living out
of state and if further than 100 miles from the New York border, so long
as the evaluator can conduct the evaluation utilizing video conferencing
technology and takes all steps reasonably available to protect the
confidentiality of the child's disclosures for any evaluation conducted
remotely.
 
Section 2 requires the Office for the Prevention of Domestic Violence
(OPDV), in conjunction with an organization recognized by the federal
department of health and human services to coordinate statewide services
for the prevention and intervention of domestic violence, to create and
administer a training program for court appointed forensic evaluators.
Further, it outlines that OPDV and the organization will be responsible
for providing the training to psychiatrists, psychologists, and social
workers who are licensed in New York state, so that they may conduct
these evaluations. Finally, OPDV and the organization recognized by the
federal department of health and human services must review and update
the training every two years.
 
Section 3 amends a chapter of the laws of 2022 to amend the effective
date from one-hundred and eighty days to one year.
 
Section 4 establishes the effective date.
 
 
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, COS 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.
 
This bill makes clarifying and technical changes to Chapter 740 of the
Laws of 2022 that addressed these deficiencies. These changes include
providing for a remote evaluation by a trained evaluator when a child
lives out of state, as well as clarifying how the Office for the
Prevention of Domestic Violence must contract with an organization to
work mutually on developing a training program.
 
 
LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
Undetermined.
 
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the domestic relations law and the
executive law, relating to court ordered forensic evaluators involving
child custody and visitation, as proposed in legislative bills numbers
S.6385-B and A.2375-C, takes effect.,

A00632 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           632
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2023
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Judiciary
 
        AN  ACT  to  amend  the domestic relations law, in relation to mandatory
          training of a forensic evaluator in relation to court ordered forensic
          evaluations involving child custody and visitation when the  child  is
          living out-of-state; to amend the executive law, in relation to train-
          ing  in  the prevention and intervention of domestic violence required
          for forensic investigators; and to amend a chapter of the laws of 2022
          amending the domestic relations law and the executive law, relating to
          court ordered forensic evaluations involving child custody and visita-
          tion, as proposed in  legislative  bills  numbers  S.  6385-B  and  A.
          2375-C, relating to the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a-3) of subdivision 1  of  section  240  of  the
     2  domestic relations law, as added by a chapter of the laws of 2022 amend-
     3  ing  the domestic relations law and the executive law, relating to court
     4  ordered forensic evaluations involving child custody and visitation,  as
     5  proposed  in  legislative  bills  numbers  S. 6385-B and A.   2375-C, is
     6  amended by adding a new subparagraph 5 to read as follows:
     7    (5) A court shall appoint a forensic evaluator who has  completed  the
     8  training  program  pursuant  to  paragraph  (o)  of subdivision three of
     9  section five hundred seventy-five of the executive law when the child is
    10  living out-of-state and is farther than one hundred miles from  the  New
    11  York  state border; provided, however, that such forensic custody evalu-
    12  ation may be conducted remotely utilizing videoconferencing  technology.
    13  The  evaluator  must  take all steps reasonably available to protect the
    14  confidentiality of the child's disclosures for any evaluation  conducted
    15  remotely utilizing videoconferencing technology, as needed.
    16    §  2.  Paragraph  (o) of subdivision 3 of section 575 of the executive
    17  law, as added by a chapter of the laws of  2022  amending  the  domestic
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04154-01-3
        A. 632                              2
 
     1  relations  law and the executive law, relating to court ordered forensic
     2  evaluations involving child  custody  and  visitation,  as  proposed  in
     3  legislative bills numbers S. 6385-B and A. 2375-C, is amended to read as
     4  follows:
     5    (o)  (i)  [Contracting,  within amounts appropriated for such purpose,
     6  with the not-for-profit entity the  New  York  State  Coalition  Against
     7  Domestic  Violence,  to  develop a training program as described in this
     8  paragraph.  Such entity shall be responsible for providing such training
     9  to psychiatrists, psychologists and social workers who are  licensed  in
    10  the  state  of  New  York,  so  that  such individuals may conduct court
    11  ordered forensic evaluations  involving  child  custody  and  visitation
    12  pursuant  to  paragraph  (a-3) of subdivision one of section two hundred
    13  forty of the domestic relations law;  and  for  reviewing  and  updating
    14  training topics at least once every two years.] Within amounts appropri-
    15  ated  for  such  purpose, the office shall contract with an organization
    16  designated by the federal department of health  and  human  services  to
    17  coordinate  statewide  improvements  within  local  communities,  social
    18  services systems, and programming regarding the  prevention  and  inter-
    19  vention  of  domestic  violence  in New York state to mutually develop a
    20  training program as described in this paragraph.  The  office  and  such
    21  organization shall be responsible for providing such training to psychi-
    22  atrists,  psychologists and social workers who are licensed in the state
    23  of New York, so that such individuals may conduct court ordered forensic
    24  evaluations, involving child custody and visitation  pursuant  to  para-
    25  graph  (a-3)  of  subdivision  one  of  section two hundred forty of the
    26  domestic relations law; for consulting with  domestic  violence  service
    27  providers  and  representative  organizations  in  the field of domestic
    28  violence when such training is provided in their  communities;  and  for
    29  reviewing  and  updating  training topics at least once every two years.
    30  Such training shall include, but not be limited to, a review  of:  rele-
    31  vant  statutes;  case  law  and  psychological  definitions  of domestic
    32  violence; coercive control and child abuse; the dynamics and effects  of
    33  domestic  violence  and  child  abuse,  including  but  not  limited to,
    34  emotional, financial, physical,  technological  and  sexual  abuse;  the
    35  barriers and fears associated with reporting domestic violence and child
    36  abuse and why victims may not have documented evidence of abuse; tactics
    37  commonly  used  by  one  party to induce fear in another party or child,
    38  including  verbal,  emotional,  psychological,  and/or  economic  abuse,
    39  isolating  techniques,  coercive  control, and monitoring of a partner's
    40  location and activities; litigation abuse and  demands  for  custody  or
    41  joint  custody  in order to pressure the partner to return or punish the
    42  partner for leaving; trauma, particularly as it relates to sexual  abuse
    43  and  the  risks  posed to children and the long-term dangers and impacts
    44  imposed by the presence of adverse childhood experiences; the  increased
    45  risk   of   escalating   violence   that  occurs  during  child  custody
    46  proceedings; and the danger of basing child custody decisions on  claims
    47  that  a  child's  deficient  or  negative  relationship with a parent is
    48  caused by the other parent.
    49    (ii) The office, in consultation with the [New  York  State  Coalition
    50  Against  Domestic  Violence]  organization  designated    by the federal
    51  department of health and human services to coordinate statewide improve-
    52  ments within local communities, social services systems, and programming
    53  regarding the prevention and intervention of domestic  violence  in  New
    54  York  state,  shall determine a reasonable number of training-hours that
    55  shall be required for the first instance such  program  is  provided  to
    56  psychiatrists,  psychologists and social workers and a reasonable number
        A. 632                              3
 
     1  of training-hours that shall be required for subsequent refresher cours-
     2  es provided to such individuals.
     3    (iii)  The [New York State Coalition Against Domestic Violence] organ-
     4  ization designated  by  the  federal  department  of  health  and  human
     5  services  to coordinate statewide improvements within local communities,
     6  social services systems, and programming regarding  the  prevention  and
     7  intervention of domestic violence in New York state shall be responsible
     8  for  providing  a  certification  of  completion  to  each psychiatrist,
     9  psychologist or social worker who satisfies  the  requirements  of  such
    10  training  program,  so  that  such individuals may conduct court ordered
    11  forensic evaluations involving child custody and visitation pursuant  to
    12  paragraph  (a-3)  of subdivision one of section two hundred forty of the
    13  domestic relations law; and
    14    § 3. Section 4 of a chapter of the laws of 2022 amending the  domestic
    15  relations  law and the executive law, relating to court ordered forensic
    16  evaluations involving child  custody  and  visitation,  as  proposed  in
    17  legislative bills numbers S. 6385-B and A. 2375-C, is amended to read as
    18  follows:
    19    § 4. This act shall take effect [on the one hundred eightieth day] one
    20  year  after it shall have become a law. Effective immediately, the addi-
    21  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    22  the implementation of this act by the chief administrator of the courts,
    23  with  the  approval  of  the  administrative board of the courts, on its
    24  effective date are authorized to be made and completed on or before such
    25  effective date.
    26    § 4. This act shall take effect on the  same  date  and  in  the  same
    27  manner  as a chapter of the laws of 2022 amending the domestic relations
    28  law and the executive law, relating to  court  ordered  forensic  evalu-
    29  ations  involving  child custody and visitation, as proposed in legisla-
    30  tive bills numbers S. 6385-B and A. 2375-C, takes effect.

A00632 LFIN:

 
NO LFIN

A00632 Chamber Video/Transcript: