SB 2090: Judiciary; Family Court; Child Custody Evaluators; Licensed Mental Health Counselors
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-23
Current Status:
Failed
(2026-04-28: Received notice of Senate conferees (Sen. Com. No. 787).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
This bill allows licensed mental health counselors to be appointed as child custody evaluators in family court. Child custody evaluators are professionals who assess family situations and recommend custody arrangements. The change expands the pool of evaluators to help reduce wait times and costs for families.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
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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THE SENATE |
S.B. NO. |
2090 |
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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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THE SENATE |
S.B. NO. |
2090 |
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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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| Apr 28, 2026 | Received notice of Senate conferees (Sen. Com. No. 787). |
| Apr 28, 2026 | Senate Conferees Appointed: San Buenaventura Chair; Rhoads Co-Chair; McKelvey. |
| Apr 10, 2026 | Received notice of disagreement (Sen. Com. No. 564). |
| Apr 9, 2026 | Senate disagrees with House amendments. |
| Apr 9, 2026 | Received from House (Hse. Com. No. 484). |
| Apr 8, 2026 | Passed Third Reading with Representative(s) Alcos, Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate. |
| Apr 8, 2026 | Reported from JHA (Stand. Com. Rep. No. 1820-26), recommending passage on Third Reading. |
| Apr 1, 2026 | The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama, Cochran, Shimizu; Ayes with reservations: Representative(s) Garcia; Noes: none; and 2 Excused: Representative(s) Hashem, Sayama. |
| Mar 30, 2026 | Bill scheduled to be heard by JHA on Wednesday, 04-01-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 24, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Alcos, Garcia voting aye with reservations; none voting no (0) and Representative(s) Garrett, Quinlan excused (2). |
| Mar 24, 2026 | Reported from HSH (Stand. Com. Rep. No. 1373-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 19, 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; Ayes with reservations: Representative(s) Alcos, Garcia; Noes: none; and Excused: none. |
| Mar 17, 2026 | Bill scheduled to be heard by HSH on Thursday, 03-19-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to HSH, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 166). |
| Mar 10, 2026 | Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | One Day Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3043) with recommendation of passage on Third Reading. |
| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) San Buenaventura, Awa. |
| Feb 23, 2026 | The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference. |
| Feb 13, 2026 | Report adopted; Passed Second Reading and referred to JDC. |
| Feb 13, 2026 | Reported from HHS (Stand. Com. Rep. No. 2248) with recommendation of passage on Second Reading and referral to JDC. |
| Jan 30, 2026 | The committee(s) on HHS recommend(s) that the measure be PASSED, UNAMENDED. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella. |
| Jan 27, 2026 | The committee(s) on HHS has scheduled a public hearing on 01-30-26 3:00PM; Conference Room 224 & Videoconference. |
| Jan 22, 2026 | Referred to HHS, JDC. |
| Jan 21, 2026 | Introduced and passed First Reading. |
| Jan 14, 2026 | Pending Introduction. |
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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 8, 2026 | Third Reading | House Floor |
Passed |
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| Apr 1, 2026 | The committee on JHA recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Mar 19, 2026 | The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Human Services & Homelessness |
Passed |
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Feb 27, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
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| Jan 30, 2026 | The committee(s) on HHS recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Health and Human Services |
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 | Apr 1, 2026 |
| LLC | ** Support | |
| Office of Hawaiian Affairs and Akahai Emotional Wellness | ** Support | |
| Office of Hawaiian Affairs | *** Support | Apr 1, 2026 |
STAND. COM. REP. NO. 3043
Honolulu, Hawaii
RE: S.B. No. 2090
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2090 entitled:
"A BILL FOR AN ACT RELATING TO CHILD CUSTODY,"
begs leave to report as follows:
The purpose and intent of this measure is to allow licensed mental health counselors to be appointed as child custody evaluators.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs and two individuals.
Your Committee finds that existing law authorizes certain mental health professionals with master's degree-level training to serve as child custody evaluators but does not extend this opportunity to licensed mental health counselors (LMHCs). However, LMHCs possess equivalent graduate-level education, training, and clinical expertise as their peers who are already eligible to serve as child custody evaluators. Your Committee further finds that excluding LMHCs from serving as child custody evaluators unnecessarily restricts a significant portion of the State's qualified workforce from contributing to this critical area of need. Therefore, this measure will promote more efficient court processes and support child-centered decision‑making grounded in professional mental health expertise.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2090 and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 2248
Honolulu, Hawaii
RE: S.B. No. 2090
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Health and Human Services, to which was referred S.B. No. 2090 entitled:
"A BILL FOR AN ACT RELATING TO CHILD CUSTODY,"
begs leave to report as follows:
The purpose and intent of this measure is to allow licensed mental health counselors to be appointed as child custody evaluators.
Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs and Akahai Emotional Wellness, LLC.
Your Committee finds that child custody evaluations are among the most complex and sensitive determinations made within the State's legal system. Your Committee further finds that these evaluations require advanced clinical judgment, a deep understanding of child development, family dynamics, trauma, and mental health diagnoses, as well as the ability to assess risk and make recommendations that prioritize the best interests of the child. Your Committee additionally finds that licensed mental health counselors (LMHCs) are licensed, regulated, and bound by strict ethical codes and education requirements and can serve effectively and responsibly in this critical role. This measure allows LMHCs to serve as custody evaluators to expand the pool of qualified professionals, helping to reduce delays, backlogs, and costs of family court proceedings in the State.
As affirmed by the record of votes of the members of your Committee on Health and Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2090 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Health and Human Services,
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________________________________ JOY A. SAN BUENAVENTURA, Chair |
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Date
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Testimony PDF
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| Apr 1, 2026 | SB2090_HD1_TESTIMONY_JHA_04-01-26_.PDF |
| Mar 19, 2026 | SB2090_TESTIMONY_HSH-HLT_03-19-26_.PDF |
| Feb 27, 2026 | SB2090_TESTIMONY_JDC_02-27-26_.PDF |
| Jan 30, 2026 | SB2090_TESTIMONY_HHS_01-30-26_.PDF |
Discussed in Hearing
33SEC
House Standing Committee on Judiciary & Hawaiian Affairs
32SEC
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
House Standing Committee on Health
1MIN
House Standing Committee on Human Services & Homelessness
34SEC
House Standing Committee on Health
34SEC
House Standing Committee on Human Services & Homelessness
50SEC
Senate Standing Committee on Judiciary
5MIN
Senate Standing Committee on Health and Human Services
Bill Author
Bill Co-Author(s):
