SB2055 HD1

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 conduct investigations and prepare reports that are made available to all interested parties and counsel before the hearing.

The purpose of this Act is to:

(1) Define court-appointed investigators or professional personnel as child custody evaluators;

(2) Require the department of commerce and consumer affairs to establish the policies and procedures for child custody evaluators; and

(3) Establish licensing requirements and minimal education and experience requirements for child custody evaluators.

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

“Chapter

child custody evaluators

"§ ‑1 Definitions. As used in this chapter, unless the context otherwise requiers:

"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.

"Department" means the department of commerce and consumer affairs.

"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 qualifies 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 Department of commerce and consumer affairs' responsibilities. (a) On or before January 1, 2010, the department shall review, adopt, establish, and maintain statewide policies and procedures based upon the policies and procedures in use in each of the circuits 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) After January 1, 2010, 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. No person may be appointed as a child custody evaluator unless certified or appointed pursuant to this chapter.

(c) The department and family court shall assess the resources required to implement and maintain this chapter and shall make findings and recommendations.

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

(1) That the child custody evaluator meets all of the required education, experience, training, and other requirements of this section, and if applicable, possesses a license in good standing; and

(2) Whether the child custody evaluator has any convictions, criminal charges, relevant civil actions or complaints, or ethical violations lodged or filed against the child custody evaluator.

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

(1) A social worker;

(2) A marriage and family therapist;

(3) A psychologist;

(4) A physician specializing in psychiatry; or

(5) An attorney.

The licensing requirements of 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 to perform child custody evaluations. In those cases, the parties may stipulate to a child custody evaluator who does not meet the criteria of this section, subject to approval by the court.

(b) The licensing requirements of this section shall not apply to social workers employed by the judiciary.

(c) A child custody evaluator who is licensed shall be subject to disciplinary action by the department for unprofessional conduct as defined in the applicable licensing law.

§ ‑5 Education and experience. (a) Every child custody evaluator shall meet minimum education and experience requirements, as determined by the department.

(b) The department shall establish the minimum educational standards for child custody evaluators. These standards shall require all child custody evaluators to use 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.

(c) The department shall establish the minimum experience requirements for child custody evaluators. If any experience requirements are lacking for a prospective child custody evaluator, a mentor may be assigned and the following shall apply:

(1) Procedures for assigning a mentor and defining the mentor's responsibilities toward the prospective child custody evaluator may be used to ensure qualified oversight exists during the custody evaluation process;

(2) Mentors shall be assigned on a case-by-case basis;

(3) 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; and

(4) No compensation for mentoring shall be charged to the case or the parties.

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

(b) Training approved by professional licensing boards or by national or local eligible training providers, as qualifying for child custody evaluator training, may count toward the annual continuing education requirements for child custody evaluators.

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

(2) Distribute a statement or certificate of completion to each person who has completed the training. The statement or certificate shall document:

(A) The number of hours of training offered;

(B) The number of hours of training the person completed;

(D) The name of the training provider.

(d) 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 the courses addressed the required subjects and were either:

(1) Certified or approved for continuing education credit by a professional provider group; or

(2) Offered as part of a related postgraduate degree or licensing program."

SECTION 3. (a) The judiciary shall report its findings, recommendations, and resource requirements to implement this Act to the legislature no later than twenty days prior to the convening of the regular session of 2009.

(b) The judiciary shall report any findings, recommendations, and resource requirements to maintain or improve the policies and procedures contained in this Act to the legislature no later than twenty days prior to the convening of the regular session of 2010, and annually thereafter.

SECTION 4. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	2055
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 2
STATE OF HAWAII		H.D. 1