STAND. COM. REP. NO. 1360

Honolulu, Hawaii

RE:    H.B. No. 1137

       H.D. 1

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred H.B. No. 1137, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

     The purpose of this measure is to clarify the qualifications for court-appointed child custody evaluators and enhance protections for parties who are affected by an evaluator's determinations.

     Specifically, this measure:

     (1)  Specifies the types of licensed individuals who may serve as court-appointed child custody evaluators and sets forth the circumstances under which unlicensed individuals may be appointed; and

     (2)  Requires the Judiciary to:

          (A)  Maintain a publicly accessible registry of qualified child custody evaluators;

          (B)  Establish a process to refer complaints regarding court-appointed child custody evaluators to the appropriate licensing authority, where applicable; and

          (C)  Report annually to the Legislature regarding the number of complaints processed through the referral process.

     Your Committee received written comments in support of this measure from eleven individuals.

     Your Committee finds that section 571-46, Hawaii Revised Statutes, requires family courts to define the qualifications and standards of practice for court-appointed child custody evaluators.  This measure clarifies who may be appointed as a child custody evaluator by specifying the qualifications for court-appointed child custody evaluators.  In addition, this measure increases protections for the parties to a child custody proceeding by requiring the Judiciary to maintain a public registry of qualified evaluators and establish a referral process for complaints against evaluators.

     Your Committee has amended this measure by:

     (1)  Specifying that the publicly accessible registry of child custody evaluators is to be maintained on the Judiciary's website;

     (2)  Changing the effective date to July 1, 2050, to encourage further discussion; and

     (3)  Making technical nonsubstantive amendments for clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1137, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1137, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair