Licensed counselors may serve as child custody evaluators
Family courts may appoint actively licensed mental health counselors to evaluate child custody cases, subject to other limits in state law.
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What it does
The law allows an actively licensed mental health counselor to be appointed as a child custody evaluator, subject to the limits in subsection (c).
Argument forCourts may have more licensed professionals to consider when trying to find an available child custody evaluator.
Argument againstFamilies may have less certainty about an evaluator’s professional background because courts could appoint people from a wider range of licensed fields.
More detail
A person actively licensed as a mental health counselor may be appointed as a child custody evaluator. This applies to licensed mental health counselors considered for appointment as evaluators in child custody cases under section 571-46. The appointment remains subject to subsection (c) of section 571-46.4. The act sets July 1, 2026, as its effective date.
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Jul 10Act 231, on 07/10/2026 (Gov. Msg. No. 1333).Became Law
Apr 24Received notice of passage on Final Reading in House (Hse. Com. No. 823).Minor
Apr 23Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815).Minor
Vote recorded Passed Final Reading as amended in SD 2. Result: pass.Lower
Apr 23House agrees to Senate amendment(s).
Apr 23Passed Final Reading as amended in SD 2 with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Evslin excused (1).Major
Apr 23Transmitted to Governor.
Apr 22Reconsideration of action taken on 04-16-26.
Apr 17Received notice of disagreement (Hse. Com. No. 780).Minor
Apr 16House disagrees with Senate amendment (s).Minor
Apr 14Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
Vote recorded Reconsider: Report adopted; Passed Third Reading, as amended (SD 2). Result: pass.Upper
Apr 14Returned from Senate (Sen. Com. No. 606) in amended form (SD 2).
Apr 10Reported from JDC (Stand. Com. Rep. No. 3763) with recommendation of passage on Third Reading, as amended (SD 2).
Apr 1048 Hrs. Notice 04-14-26.
Apr 1The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard.Minor
Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
Mar 25The committee(s) on JDC will hold a public decision making on 04-01-26 10:30AM; CR 016 & Videoconference.
Mar 23Reported from HHS (Stand. Com. Rep. No. 3129) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
Mar 23Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.Minor
Mar 16The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 3 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Keohokalole, Fevella.Minor
Vote recorded The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
Mar 13The committee(s) on HHS has scheduled a public hearing on 03-16-26 1:10PM; Conference Room 225 & Videoconference.
Mar 10Received from House (Hse. Com. No. 149).Minor
Mar 10Passed First Reading.Minor
Mar 10Referred to HHS, JDC.Minor
Mar 6Reported from JHA (Stand. Com. Rep. No. 989-26), recommending passage on Third Reading.
Vote recorded Reconsider: Passed Third Reading. Result: pass.Lower
Mar 6Passed Third Reading with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Perruso, Quinlan, Sayama excused (3). Transmitted to Senate.Passed House
Feb 25The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Cochran, Hashem, Kahaloa, Sayama, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Belatti.Minor
Vote recorded The committee on JHA recommend that the measure be PASSED, UNAMENDED. Result: pass.Lower
Feb 23Bill scheduled to be heard by JHA on Wednesday, 02-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
Feb 17Reported from HSH (Stand. Com. Rep. No. 310-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA. Result: pass.Lower
Feb 17Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran, Lee, M., Poepoe excused (3).Minor
Feb 3The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos; Ayes with reservations: Representative(s) Garcia; Noes: none; and Excused: none.Minor
Vote recorded The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
Jan 29Bill scheduled to be heard by HSH on Tuesday, 02-03-26 9:00AM in House conference room 329 VIA VIDEOCONFERENCE.