Bill Text: HI SB2397 | 2022 | Regular Session | Amended
Bill Title: Relating To Child Custody.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-03-24 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Ohno, Quinlan excused (2). [SB2397 Detail]
Download: Hawaii-2022-SB2397-Amended.html
|
THE SENATE |
S.B. NO. |
2397 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
|
|
STATE OF HAWAII |
H.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CHILD CUSTODY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the family court may appoint a child custody evaluator from a list of qualified individuals to investigate a child custody dispute. State law currently prefers that licensed psychiatrists, psychologists, marriage and family therapists, and social workers serve as evaluators, but authorizes individuals with qualifying education and training in child custody evaluations to serve as evaluators when licensed psychiatrists, psychologists, marriage and family therapists, or social workers are not available. The law also authorizes other individuals, known as fact-finding investigators, to serve as child custody evaluators by stipulation of the parties and approval by the court. These evaluators are most often attorneys who practice family law. The legislature also finds that child custody evaluators typically provide written reports to the court, and sometimes testify at hearings or at trial.
The legislature believes that professionals who work before the family court and who have an impact on the safety and well‑being of children and families need to understand the dynamics of domestic violence. When child custody evaluators do not have in-depth training and education on domestic violence, their recommendations to the courts on custody matters may be unduly affected and may not serve the best interests of children. The legislature recognizes that domestic violence is often not identified at the outset of a custody case and is often not the reason for an evaluation. Accordingly, knowledge about domestic violence issues, including lethality, subtlety, and prevalence of domestic violence, is essential for child custody evaluators.
The purpose of this Act is to:
(1) Require certain individuals who wish to act or continue acting as child custody evaluators to complete a training course on domestic violence issues every three years; and
(2) Establish requirements for the training course and submitting or providing proof of completion.
SECTION 2. Section 571-46.4, Hawaii Revised Statutes, is amended to read as follows:
"[[]§571-46.4[]] Child custody evaluators; qualification;
registry; complaints. (a)
[A] Subject to subsection (c), 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).
(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
parties stipulate to a person who does not qualify as a child custody evaluator
under subsection (a) and the court approves, subject to subsection (c),
that person as a fact-finding investigator to the court.
(c) Beginning July 1, 2023, a person described in subsections
(a) or (b)(2) who wishes to act or continue acting as a child custody evaluator
pursuant to this section shall complete a training course on domestic violence issues
every three years. The training course shall
be one that is developed and facilitated by a domestic violence program
based in Hawaii. The person shall submit a letter or certificate
of completion to the family court and, upon request, shall provide copies thereof
to all parties or to the parties' attorneys. All persons on the family court's registry as of
July 1, 2023, shall provide proof of completion of the training course on or before
June 1, 2025.
[(c)] (d) The judiciary shall maintain on its website a
publicly accessible registry of child custody evaluators 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. 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. The judiciary shall submit to
the legislature an annual report regarding the number of complaints against
court-appointed child custody evaluators that are processed through the
referral process.
[(e)] (f) A complaint against a court-appointed child
custody evaluator not qualified under subsection (a) may be resolved through civil
litigation."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $35,000 or so much thereof as may be necessary for fiscal year 2022-2023 for the development of the training course on domestic violence issues required by section 2 of this Act, including development of the course curriculum and facilitation of the training process.
The sum appropriated shall be expended by the judiciary for the purposes of this Act; provided that the judiciary may contract with a nonprofit organization to develop the course curriculum and facilitate the training process.
SECTION 4. The appropriation made by this Act for fiscal year 2022-2023 for the judiciary shall not lapse at the end of the fiscal year for which the appropriation is made; provided that all moneys from the appropriation that are unencumbered as of June 30, 2024, shall lapse as of that date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2060.
Report Title:
Judiciary; Family Court; Child Custody; Evaluation; Fact-Finding; Appropriation
Description:
Beginning 7/1/2023 requires certain individuals attempting to serve as child custody evaluators to complete a training course on domestic violence issues every three years. Establishes requirements for the training course and submission of proof of completion. Appropriates funds. Effective 7/1/2060. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
