HB2327

SECTION 1. Existing law allows the court to order an investigation and report concerning the care, welfare, and custody of a minor child of the parties, in a contested custody case. In such a case, investigators or professional personnel attached to or assisting the court shall make investigations and reports which shall be made available to all interested parties and counsel before the hearing. This Act defines such court-appointed investigators or professional personnel as child custody evaluators, and establishes the procedures for determining, and requirements for their education, experience, training, methodology and certification. This includes establishing related responsibilities for the board of family court judges and the courts.

SECTION 2. The Hawaii Revised Statutes is amended by adding six new sections to be appropriately designated and to read as follows:

"§ ‑1 Definitions.

"Board" means the board of family court judges per section 571-5.

"Child custody evaluator" means all court-appointed investigators or professional persons directed by the court to make investigations and reports pursuant to section 571-46.

"Eligible training providers" includes the administrative office of the courts and may include educational institutions, professional associations, professional continuing education groups, public or private for-profit or not-for-profit groups, court-connected groups and any entity that provides a course or seminar that may qualify for child custody evaluator continuing education requirements.

"Mentor" means a person who meets all the education, experience, training and other requirements and is certified as a child custody evaluator under this chapter, and who oversees, supervises and consults for a court-appointed child custody evaluator who does not meet the experience requirements of this chapter.

§ ‑2 Board and family court responsibilities. (a) On or before January 1, 2010, the board shall establish and maintain statewide policies and procedures that establish all education, experience, training, methodology, ethical standards, certification and other requirements for all child custody evaluators appointed pursuant to this chapter. These policies and procedures shall also include:

(1) Comprehensive standards for investigations, evaluations, and reporting, as related to child custody;

(2) The monitoring and handling of complaints against child custody evaluators and coordinating with professional licensing boards;

(3) Disqualification or decertification of child custody evaluators based upon convictions, criminal charges, relevant civil actions or complaints, or ethical violations; and

(4) An administrative appeal process for both parties and child custody evaluators, as related to the application of this chapter and established policies.

(b) The family court shall administer procedures for certifying and decertifying child custody evaluators. The family court shall certify that child custody evaluators meet the necessary requirements of this chapter, and established policies and procedures, and no person may be appointed as a child custody evaluator unless certified or appointed pursuant to this chapter.

§ ‑3 Child custody evaluator annual declaration. The family court shall require a child custody evaluator to declare annually under penalty of perjury:

(1) That he or she meets all of the required education, experience, training and other requirements specified in or derived from this section, and if applicable, possesses a license in good standing; and

(2) Whether he or she has any convictions, criminal charges, relevant civil actions or complaints, or ethical violations lodged or filed against them.

§ ‑4 Licensing requirements. (a) No person may be a child custody evaluator under this chapter unless the person meets one or the following licensing criteria and is in good standing as a:

(1) Social worker;

(2) Marriage and family therapist;

(3) Psychologist; or

(4) Psychiatrist.

This section shall not apply in any case where the court determines that there are no child custody evaluators who meet the criteria of this section who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of this section, subject to approval by the court.

(b) A child custody evaluator who is licensed shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.

§ ‑5 Education and experience. Every child custody evaluator must meet minimum education and experience requirements, as determined by the board.

(1) The board shall establish the minimum educational standards for child custody evaluators. These standards shall require all child custody evaluators to utilize comparable interview, assessment, testing and reporting methodologies and procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. These standards shall also require child custody evaluators to inform each adult party of the purpose, nature, and method of the evaluation.

(2) The board shall establish the minimum experience requirements for child custody evaluators. If any experience requirements are lacking for a prospective child custody evaluator, procedures for assigning a mentor and defining his or her responsibilities toward the prospective child custody evaluator may be used to ensure qualified oversight exists during the custody evaluation process.

(A) Mentors shall be assigned on a case by case basis.

(B) Conditions on the continued use of mentors, by an individual prospective child custody evaluator, shall be established to ensure the necessary experience requirements are completed in a timely manner.

§ ‑6 Continuing training. The board shall establish the minimum child custody evaluator annual continuing training requirements and policies for the use of eligible training providers.

(1) Training approved by professional licensing boards, or by national or local eligible training providers, as qualifying for child custody evaluator training, may count towards these annual requirements.

(2) Eligible training providers shall:

(A) Develop procedures to verify that participants complete the applicable education and training program; and

(B) Distribute a statement or certificate of completion to each person who has completed the training.

The statement or certificate must document the number of hours of training offered, the number of hours the person completed, the dates of the training, and the name of the training provider.

(3) Education and training courses that were taken between January 1, 2007, and January 1, 2010, may be applied toward the requirements of this section if they addressed the required subjects and either were certified or approved for continuing education credit by a professional provider group or were offered as part of a related postgraduate degree or licensing program."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2327
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII