KYRA'S LAW - SIGNED DECEMBER 23

BILL NUMBER: S6385B

SPONSOR: HOYLMAN
 
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 evalu-
ators that are appointed  by  the  court  to  evaluate  and  investigate
parties  in  a proceeding involving child custody and visitation to: (1)
be a psychologist, social worker or psychiatrist, and (2) undergo  bien-
nial  domestic violence-related training, also established by this bill,
in order qualify 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 ac knowledgement 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.