Bill
A 532
Bans forensic evaluations in custody/visitation cases and repeals statutes authorizing them, forcing courts to rely on non-forensic evidence and other evidence pathways.
Status: REFERRED TO JUDICIARY (Introduced January 8, 2025)
Sponsors:
- Primary: Andrew Hevesi
- Cosponsors: Albert A. Stirpe, Harvey Epstein, Jeffrey Dinowitz
Related bills:
- A 10424 (prior-session)
- A 3503 (prior-session)
- A 2750 (prior-session)
- S 146 (companion) [note: listed twice as companions]
Overview
A 532, titled “Relates to prohibiting forensic evaluations in a custody or visitation proceeding; repealer,” would ban the use of forensic evaluations in custody or visitation proceedings and would repeal existing statutory authority that currently allows or requires such evaluations. The bill has been referred to the Assembly Judiciary Committee.
What the bill would do
- Prohibit: Courts from ordering, permitting, or considering forensic evaluations in custody or visitation cases.
- Repeal: Remove statutory provisions that authorize or require forensic evaluations in family/custody proceedings.
- Scope: Applies to custody and visitation determinations within the jurisdiction of the bill (likely within New York State Assembly jurisdiction based on the bill designation and related companion/senate bills).
Who would be affected
- Parties in custody or visitation proceedings (parents, guardians, and potential third-party claimants)
- The judiciary and court personnel presiding over family/custody matters
- Forensic evaluators including psychologists, psychiatrists, and other mental health professionals who perform custody-related evaluations
- Attorneys representing parties in custody cases
- Child welfare professionals and guardians ad litem who participate in or rely on evaluative processes
Key provisions and changes to watch
- Elimination of court-ordered or consent-based forensic evaluations in custody/visitation disputes
- Removal of statutory authority enabling such evaluations
- Potential reallocation of evidentiary pathways (e.g., reliance on non-forensic evidence, testimony, or other non-forensic assessments)
Procedural and timeline notes
- Status: Referred to Judiciary (as of the provided information)
- Action history shows two identical “REFFERED TO JUDICIARY” entries on 2025-01-08; no further actions are listed
- Relationship to related bills: The bill aligns with prior-session proposals (A 10424, A 3503, A 2750) and has a Senate companion (S 146)
Potential impact and considerations
- Administrative and legal impact: Could reduce costs and time associated with custody evaluations and reduce reliance on expert forensic reports.
- Judicial impact: Courts would need to adapt evidentiary standards and determine custody/visitation without forensic evaluations, potentially increasing reliance on other forms of evidence (e.g., testimony, parenting plans, prior incidents, expert testimony limited to non-forensic contexts).
- Child welfare considerations: Potential changes in how parental fitness and safety concerns are assessed in custody cases.
- Transition: If enacted, implementing language and effective dates would determine how existing cases or ongoing proceedings are affected.
Next steps
- Monitor for committee hearings, amendments, and potential floor votes
- Review the final text for definitions of “forensic evaluation” and any enumerated exceptions or transitional provisions (if any) once available
Compiled from official sources — confirm details with the bill’s official record.
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