HB 1705: Judiciary; Family Court; Child Custody Evaluators; Licensed Mental Health Counselors
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-04-10
Current Status:
Passed
(2026-07-10: Act 231, on 07/10/2026 (Gov. Msg. No. 1333).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Allows licensed mental health counselors to be appointed as child custody evaluators. (SD2)
Allows licensed mental health counselors to be appointed as child custody evaluators. Effective 1/31/2050. (SD1)
Allows licensed mental health counselors to be appointed as child custody evaluators. Effective 7/1/3000. (HD1)
Allows licensed mental health counselors to be appointed as child custody evaluators.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1705 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO CHILD CUSTODY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that there is a high demand for child custody evaluations across the State, resulting in backlogs and extended wait times that delay critical decisions impacting children's health, safety, and well-being. The State's limited pool of qualified child custody evaluators exacerbates these delays, as courts frequently struggle to secure professionals who are available to take on new cases promptly.
The legislature recognizes that child custody evaluations are highly complex and require specialized mental health training, clinical experience, and the ability to conduct thorough investigations and provide accurate, unbiased reports to the court. Licensed mental health counselors meet these professional standards and are well-equipped to provide these evaluations.
The legislature additionally finds that the State faces a severe shortage of mental health professionals overall. By excluding licensed mental health counselors from serving as child custody evaluators, existing law unnecessarily restricts a significant portion of the State's qualified workforce from contributing to this critical area of need. This artificial limitation on supply has also driven up the costs of child custody evaluations, making them prohibitively expensive for many families. These high costs can perpetuate inequities in family court proceedings, including situations where one parent may be unable to afford an evaluation, thereby placing them at a disadvantage and potentially enabling patterns of financial or coercive abuse.
Accordingly, the purpose of this Act is to allow licensed mental health counselors to be appointed as child custody evaluators in the State, thereby expanding the pool of qualified professionals, reducing costs, alleviating delays, and ensuring families have greater access to timely and equitable child custody determinations.
SECTION 2. Section 571-46.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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) Marriage and family therapist under chapter 451J;
(2) Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;
(3) Mental health counselor under chapter 453D;
[(3)] (4)
Psychologist under chapter 465; or
[(4)] (5)
Clinical social worker under section 467E‑7(a)(3)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Judiciary; Family Court; Child Custody Evaluators; Licensed Mental Health Counselors
Description:
Allows licensed mental health counselors to be appointed as child custody evaluators. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1705 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO CHILD CUSTODY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that there is a high demand for child custody evaluations across the State, resulting in backlogs and extended wait times that delay critical decisions impacting children's health, safety, and well-being. The State's limited pool of qualified child custody evaluators exacerbates these delays, as courts frequently struggle to secure professionals who are available to take on new cases promptly.
The legislature recognizes that child custody evaluations are highly complex and require specialized mental health training, clinical experience, and the ability to conduct thorough investigations and provide accurate, unbiased reports to the court. Licensed mental health counselors meet these professional standards and are well-equipped to provide these evaluations.
The legislature additionally finds that the State faces a severe shortage of mental health professionals overall. By excluding licensed mental health counselors from serving as child custody evaluators, existing law unnecessarily restricts a significant portion of the State's qualified workforce from contributing to this critical area of need. This artificial limitation on supply has also driven up the costs of child custody evaluations, making them prohibitively expensive for many families. These high costs can perpetuate inequities in family court proceedings, including situations where one parent may be unable to afford an evaluation, thereby placing them at a disadvantage and potentially enabling patterns of financial or coercive abuse.
Accordingly, the purpose of this Act is to allow licensed mental health counselors to be appointed as child custody evaluators in the State, thereby expanding the pool of qualified professionals, reducing costs, alleviating delays, and ensuring families have greater access to timely and equitable child custody determinations.
SECTION 2. Section 571-46.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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) Marriage and family therapist under chapter 451J;
(2) Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;
(3) Mental health counselor under chapter 453D;
[(3)] (4)
Psychologist under chapter 465; or
[(4)] (5)
Clinical social worker under section 467E‑7(a)(3)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 31, 2050.
Report Title:
Judiciary; Family Court; Child Custody Evaluators; Licensed Mental Health Counselors
Description:
Allows licensed mental health counselors to be appointed as child custody evaluators. Effective 1/31/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1705 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to child custody.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that there is a high demand for child custody evaluations across the State, resulting in backlogs and extended wait times that delay critical decisions impacting children's health, safety, and well-being. The State's limited pool of qualified child custody evaluators exacerbates these delays, as courts frequently struggle to secure professionals who are available to take on new cases promptly.
The legislature recognizes that child custody evaluations are highly complex and require specialized mental health training, clinical experience, and the ability to conduct thorough investigations and provide accurate, unbiased reports to the court. Licensed mental health counselors meet these professional standards and are well-equipped to provide these evaluations.
The legislature additionally finds that the State faces a severe shortage of mental health professionals overall. By excluding licensed mental health counselors from serving as child custody evaluators, existing law unnecessarily restricts a significant portion of the State's qualified workforce from contributing to this critical area of need. This artificial limitation on supply has also driven up the costs of child custody evaluations, making them prohibitively expensive for many families. These high costs can perpetuate inequities in family court proceedings, including situations where one parent may be unable to afford an evaluation, thereby placing them at a disadvantage and potentially enabling patterns of financial or coercive abuse.
Accordingly, the purpose of this Act is to allow licensed mental health counselors to be appointed as child custody evaluators in the State, thereby expanding the pool of qualified professionals, reducing costs, alleviating delays, and ensuring families have greater access to timely and equitable child custody determinations.
SECTION 2. Section 571-46.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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) Marriage and family therapist under chapter 451J;
(2) Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;
(3) Mental health counselor under chapter 453D;
[(3)] (4)
Psychologist under chapter 465; or
[(4)] (5)
Clinical social worker under section 467E‑7(a)(3)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 3000.
Report Title:
Judiciary; Family Court; Child Custody Evaluators; Licensed Mental Health Counselors
Description:
Allows licensed mental health counselors to be appointed as child custody evaluators. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1705 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to child custody.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that there is a high demand for child custody evaluations across the State, resulting in backlogs and extended wait times that delay critical decisions impacting children's health, safety, and well-being. The State's limited pool of qualified child custody evaluators exacerbates these delays, as courts frequently struggle to secure professionals who are available to take on new cases promptly.
The legislature recognizes that child custody evaluations are highly complex and require specialized mental health training, clinical experience, and the ability to conduct thorough investigations and provide accurate, unbiased reports to the court. LMHCs meet these professional standards and are well-equipped to provide these evaluations.
The legislature additionally finds that the State faces a severe shortage of mental health professionals overall. By excluding LMHCs from serving as child custody evaluators, existing law unnecessarily restricts a significant portion of the State's qualified workforce from contributing to this critical area of need. This artificial limitation on supply has also driven up the costs of child custody evaluations, making them prohibitively expensive for many families. These high costs can perpetuate inequities in family court proceedings, including situations where one parent may be unable to afford an evaluation, thereby placing them at a disadvantage and potentially enabling patterns of financial or coercive abuse.
Accordingly, the purpose of this Act is to allow licensed mental health counselors to be appointed as child custody evaluators in the State, thereby expanding the pool of qualified professionals, reducing costs, alleviating delays, and ensuring families have greater access to timely and equitable child custody determinations.
SECTION 2. Section 571-46.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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) Marriage and family therapist under chapter 451J;
(2) Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;
(3) Mental health counselor under chapter 453D;
[(3)] (4)
Psychologist under chapter 465; or
[(4)] (5)
Clinical social worker under section 467E‑7(a)(3)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2026.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Judiciary; Family Court; Child Custody Evaluators; Licensed Mental Health Counselors
Description:
Allows licensed mental health counselors to be appointed as child custody evaluators.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jul 10, 2026 | Act 231, on 07/10/2026 (Gov. Msg. No. 1333). |
| Jul 10, 2026 | Act 231, 07/10/2026 (Gov. Msg. No. 1333). |
| Apr 24, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 823). |
| Apr 23, 2026 | Transmitted to Governor. |
| Apr 23, 2026 | Passed 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). |
| Apr 23, 2026 | House agrees to Senate amendment(s). |
| Apr 23, 2026 | Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815). |
| Apr 22, 2026 | Reconsideration of action taken on 04-16-26. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 606) in amended form (SD 2). |
| Apr 14, 2026 | Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | 48 Hrs. Notice 04-14-26. |
| Apr 10, 2026 | Reported from JDC (Stand. Com. Rep. No. 3763) with recommendation of passage on Third Reading, as amended (SD 2). |
| Apr 1, 2026 | The 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. |
| Mar 25, 2026 | The committee(s) on JDC will hold a public decision making on 04-01-26 10:30AM; CR 016 & Videoconference. |
| Mar 23, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. |
| Mar 23, 2026 | Reported from HHS (Stand. Com. Rep. No. 3129) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC. |
| Mar 16, 2026 | The 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. |
| Mar 13, 2026 | The committee(s) on HHS has scheduled a public hearing on 03-16-26 1:10PM; Conference Room 225 & Videoconference. |
| Mar 10, 2026 | Referred to HHS, JDC. |
| Mar 10, 2026 | Passed First Reading. |
| Mar 10, 2026 | Received from House (Hse. Com. No. 149). |
| Mar 6, 2026 | Passed 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. |
| Mar 6, 2026 | Reported from JHA (Stand. Com. Rep. No. 989-26), recommending passage on Third Reading. |
| Feb 25, 2026 | The 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. |
| Feb 23, 2026 | Bill scheduled to be heard by JHA on Wednesday, 02-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 17, 2026 | Passed 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). |
| Feb 17, 2026 | Reported from HSH (Stand. Com. Rep. No. 310-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 3, 2026 | The 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. |
| Jan 29, 2026 | Bill scheduled to be heard by HSH on Tuesday, 02-03-26 9:00AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to HSH, JHA, referral sheet 1 |
| Jan 21, 2026 | Introduced and Pass First Reading. |
| Jan 20, 2026 | Prefiled. |
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Date
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Description
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Location
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Votes
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| Apr 23, 2026 | Final Reading | House Floor |
Passed |
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| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
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| Apr 1, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Mar 16, 2026 | The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Health and Human Services |
Passed |
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| Mar 6, 2026 | Third Reading | House Floor |
Passed |
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| Feb 25, 2026 | The committee on JHA recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Feb 3, 2026 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Akahai Emotional Wellness, LLC | *** Support | Mar 31, 2026 |
| Kingdom of The Hawaiian Islands | *** Support | Feb 25, 2026 |
| Office of Hawaiian Affairs | *** Support | Mar 31, 2026 |
| Ohana Unity Party | *** Support | Feb 25, 2026 |
STAND. COM. REP. NO. 989-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1705
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1705, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CHILD CUSTODY,"
begs leave to report as follows:
Your Committee finds that families statewide face significant delays in receiving child custody evaluations due to a limited number of qualified evaluators and growing demand in family court cases. Your Committee further finds that these delays prolong uncertainty for children, increase costs for parents, and disproportionately harm communities already facing systemic inequities, including Native Hawaiian families. Your Committee believes that expanding eligibility to licensed mental health counselors will strengthen the evaluator workforce, promote timely and culturally responsive assessments, and improve access to fair custody determinations.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1705, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 310-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1705
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Human Services & Homelessness, to which was referred H.B. No. 1705 entitled:
"A BILL FOR AN ACT RELATING TO CHILD CUSTODY,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs.
Your Committee finds that the limited pool of qualified child custody evaluators in Family Court proceedings exacerbates delays in the face of a high demand for child custody evaluations across the State, resulting in backlogs and extended wait times that delay critical decisions. Your Committee further finds that licensed mental health counselors meet the professional standards required of child custody evaluators and are well equipped to provide these evaluations.
Your Committee has amended this measure by:
(1) Changing the effective date to July 1, 3000, to encourage further discussion; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee requests that, as this measure moves through the legislative process, an effective date of upon approval be considered.
As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1705, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1705, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,
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____________________________ LISA MARTEN, Chair |
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Date
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Testimony PDF
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| Mar 31, 2026 | HB1705_SD1_TESTIMONY_JDC_04-01-26_.PDF |
| Mar 16, 2026 | HB1705_HD1_TESTIMONY_HHS_03-16-26_.PDF |
| Feb 25, 2026 | HB1705_HD1_TESTIMONY_JHA_02-25-26_.PDF |
| Feb 2, 2026 | HB1705_TESTIMONY_HSH_02-03-26_.PDF |
Discussed in Hearing
46SEC
Senate Standing Committee on Judiciary
1MIN
Senate Standing Committee on Health and Human Services
2MIN
House Standing Committee on Judiciary & Hawaiian Affairs
22SEC
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
