New York State Senator Pete Harckham has introduced legislation designed to help protect families in child custody cases. The new bill (S.8578) essentially prohibits custody experts who have been terminated for cause from serving as experts in family court custody and visitation proceedings.
“We must do everything we can to protect our families and children, especially in custody cases that impact their lives in both the short and long term,” Harckham said. “My legislation will ensure that forensic experts maintain a high level of professionalism and trustworthiness when advocating for the best in custody cases.”
Forensic custody evaluations are in-depth analyzes used by courts as evidence to help determine custody and parental leave. In 2021, the Blue-Ribbon Commission on Forensic Child Custody Evaluations of New York City’s Blue-Ribbon Commission on Forensic Child Custody Evaluations investigated the state court system’s use of forensic child custody assessors after hearing from stakeholders who reported negative experiences. The commission’s report concluded that there is no consistent approach across the country to who may serve as a forensic custody assessor, how assessors should conduct those custody assessments, or whether incompetent or unethical assessments can be reviewed.
In the last five years, New York has lost 20 children, murdered by their own parents while going through a divorce, custody or separation process. In addition, there have been reports of children being placed back into the care of parents unable to provide custody or visitation.
Harckham emphasized that it is critical that forensic custody experts are strictly defined by law and follow best practices. His bill will ensure that forensic custody experts cannot be used as experts in court and their forensic reports will not be admissible if they have been removed from a previous position or have had their license revoked.
“Family court proceedings focus on matters of utmost concern to New York’s families — those relating to the safety and welfare of children,” said Joan Gerhardt, director of public policy and advocacy at the New York State Coalition Against Domestic Violence (NYSCADV). . “In this framework, forensic custody experts play a critical role in describing the needs of the family to the court. It goes without saying that if someone has been terminated from their appointment as a custody adjuster for cause, that person should no longer be able to testify in court and the report they have produced should not be relied upon. NYSCADV thanks Senator Harckham for introducing this bill to ensure court decisions are based on high-quality, sound principles and practices.”
“The most important criteria for any forensic custody assessor must be the safety and well-being of the child,” said CarlLa Horton, executive director of Hope’s Door. “We commend Senator Peter Harckham for consulting with domestic violence advocates on this critical issue and then moving forward to introduce legislation barring a forensic custody expert from acting as an expert witness or filing reports after being terminated for cause . Children must come first, and those who speak for them must be beyond reproach. Termination for cause is sufficient reason to bar such assessors from making decisions affecting the safety of children.”
State Senator Harckham represents the 40th District of New York, which includes the towns of Beekman, Pawling and the village of Pawling in Dutchess County; the towns of Carmel, Patterson and Southeast and the village of Brewster in Putnam County; and the town of Peekskill, the towns of Cortlandt, Lewisboro, Mount Pleasant, New Castle, North Salem, Pound Ridge, Somers and Yorktown, the town/village of Mount Kisco and the villages of Briarcliff Manor, Buchanan, Croton-on-Hudson, Pleasantville and Sleepy Hollow in Westchester County.
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