Bill Text: HI SB2374 | 2014 | Regular Session | Introduced

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Bill Title: Child Custody Evaluator; Fact Finder; Qualifications

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-02-12 - The committee on CPN deferred the measure. [SB2374 Detail]

Download: Hawaii-2014-SB2374-Introduced.html

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THE SENATE	S.B. NO.	2374
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to child welfare.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 571-46.4, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§571-46.4[]]  Child custody evaluators; child custody fact finders; qualification; training; registry; complaints.  (a)  A person may be appointed as a child custody evaluator for purposes of section 571-46 if the person [is actively licensed as a:

     (1)  Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;

     (2)  Psychologist under chapter 465;

     (3)  Marriage and family therapist under chapter 451J; or

     (4)  Clinical social worker under section 467E-7(3).]:

     (1)  Is licensed as a:

         (A)  Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;

         (B)  Psychologist under chapter 465;

         (C)  Marriage and family therapist under chapter 451J; or

         (D)  Clinical social worker under section 467E-7(3);

     (2)  Completes at least forty total hours of training, which includes the twenty-four hours required by child custody fact finders, plus sixteen hours in family violence, child abuse, mental health, assessment, child custody evaluations, and other related issues, including but not limited to:

         (A)  Unique issues in psychological assessment in child custody, including relevant techniques for assessing cases involving allegations of domestic violence, child abuse, substance abuse, trauma, or other mental health issues;

         (B)  Research and theory with regard to the impact on children from exposure to domestic violence, substance abuse, or other adverse childhood experiences;

         (C)  Risk assessment of likelihood of future occurrences of issues of domestic violence, child abuse and neglect, substance abuse, or other adverse childhood experiences;

         (D)  Best intervention practices for parents and children if domestic violence, child abuse and neglect, substance abuse, trauma, and other mental health issues occur;

         (E)  Ethical issues and requirements related to child custody evaluations;

         (F)  Assessment of parenting capacity, strengths, and weaknesses;

         (G)  Interviewing techniques for adult parties and children in cases of alleged child abuse and neglect, domestic violence, substance abuse, or trauma;

         (H)  Construction of parenting plans for complex cases, time share arrangements, and relocation issues;

         (I)  Writing of reports for child custody evaluations that include recommendations for custody, visitation, parenting plans, and other relevant issues with respect to the applicable laws and statutes; and

         (J)  Assessment of the health, safety, welfare, and best interests of the child or children involved in child custody cases;

     (3)  Completes and verifies at least one year of experience in conducting child custody evaluations and parenting plans;

     (4)  Completes at least three full child custody evaluations;

     (5)  Completes and verifies at least eight additional hours of continuing education annually to update training; and

     (6)  Completes all of the requirements and training for a child custody fact finder pursuant to subsection (c).

     (b)  A person may be appointed as a child custody evaluator in the absence of a license under subsection (a) if[:

     (1)  The individual has obtained education and training that meet nationally recognized competencies and standards of practice in child custody evaluation; provided that there are no child custody evaluators enumerated under subsection (a) who are willing and available, within a reasonable period of time, to perform child custody evaluations; or

     (2)  The] the parties stipulate to a person who does not qualify as a child custody evaluator under subsection (a) and the court approves that person [as a fact-finding investigator to the court].

     (c)  A person may be appointed as a child custody fact finder if the individual:

     (1)  Has obtained a minimum of a master's degree in mental health, social work, or related field, or a juris doctorate or equivalent;

     (2)  Completes and verifies twenty-four hours of child custody fact finding training every year related to:

         (A)  The psychological and developmental needs of children, especially as those needs relate to decisions about child custody;

         (B)  Family dynamics, including but not limited to parent-child relationships, blended families, and extended family relationships;

         (C)  The effects of:

              (i)  Separation;

             (ii)  Divorce;

            (iii)  Domestic violence;

             (iv)  Child sexual, physical, or emotional abuse or neglect;

              (v)  Substance abuse; and

             (vi)  Inter-parental conflict on the psychological and developmental needs of children and adults;

         (D)  The significance of culture and religion in the lives of the parties;

         (E)  Safety issues that may arise during the evaluation process and their potential effects on all participants in the evaluation;

         (F)  When and how to:

              (i)  Interview adults and children;

             (ii)  Gather information from collateral sources;

            (iii)  Collect and analyze relevant data; and

             (iv)  Recognize the limits of data sources' reliability and validity;

         (G)  Addressing issues such as general mental health, medication use, and learning or physical disabilities;

         (H)  Continuing education and staying current with relevant literature and research;

         (I)  Comparable interview procedures that meet generally accepted clinical, forensic, scientific, diagnostic, or medical standards to all parties;

         (J)  When to consult with or involve additional experts or other appropriate persons;

         (K)  How to inform each adult party of the purpose, nature, and method of the evaluation;

         (L)  The importance of understanding relevant distinctions among the roles of fact finder, evaluator, mediator, and therapist;

         (M)  How to write reports;

         (N)  Mandatory reporting requirements and limitations on confidentiality;

         (O)  How to prepare for and give court testimony;

         (P)  How to maintain professional neutrality and objectivity;

         (Q)  Mediation training;

         (R)  Extradition and reciprocity laws between countries that impact child custody, visitation, and custodial interference in Hawaii; and

         (S)  Self-care skills in emotional protection and resilience as a provider of professional services, such as maintaining personal and professional well-being;

     (3)  Completes at least one year of experience conducting evaluations;

     (4)  Completes at least three evaluations; and

     (5)  Completes and verifies at least eight hours of relevant continuing education annually to update training.

     [(c)] (d)  The judiciary shall maintain on its website a publicly accessible registry of child custody evaluators and child custody fact finders who are qualified pursuant to this section.  Professionals who are willing and available to perform child custody evaluations shall be responsible for providing the judiciary with relevant information, including contact information, evidence of qualifications, and fees.

     [(d)] (e)  The judiciary shall establish a referral process to allow parties to file a complaint with the judiciary regarding a court-appointed child custody evaluator[.] and child custody fact finder.  Upon notification by a party of the party's intent to file a complaint against a child custody evaluator appointed under subsection (a), the judiciary may refer the complainant to the appropriate licensing authority.  Upon notification by a party of the party's intent to file a complaint against a court-appointed child custody evaluator not qualified under subsection (a) or a child custody fact finder, the judiciary may notify the party that there is no licensing authority oversight and the complaint may have to be resolved through civil litigation.

     The judiciary shall submit to the legislature an annual report regarding the number of complaints against court-appointed child custody evaluators and child custody fact finders that are processed through the referral process.

     [(e)  A complaint against a court-appointed child custody evaluator not qualified under subsection (a) may be resolved through civil litigation.]

     (f)  For the purposes of this section, "child custody fact finder" means a qualified individual who:

     (1)  Interviews parties, children, and collateral sources;

     (2)  Observes parent-child interactions;

     (3)  Conducts home studies; and

     (4)  Reviews documents and records.

A child custody fact finder shall not make recommendations concerning child custody or time share arrangements, conduct formal assessments, or create parenting plans."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Child Custody Evaluator; Fact Finder; Qualifications

 

Description:

Increases training requirements for court appointed child custody evaluators.  Establishes child custody fact finder requirements and duties.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.