This amendment allows licensed mental health counselors to be appointed as child custody evaluators in Hawaii family courts.
Hawaii2026Enacted
HB1705
Allowing Licensed Mental Health Counselors to Serve as Child Custody Evaluators
Last scannedAug 24, 2026, 11:30 PM
In one sentence
This law allows licensed mental health counselors in Hawaii to be appointed by courts to evaluate child custody cases.
What it does
- Adds licensed mental health counselors under chapter 453D to the list of professionals who may serve as child custody evaluators.
- Amends Section 571-46.4 of Hawaii Revised Statutes to include this new group of eligible workers.
Who it affects
- Licensed mental health counselors in Hawaii who may now be appointed as evaluators.
- Families involved in child custody proceedings within the state's family court system.
- Family courts that assign professionals to conduct these evaluations.
Limits and unknowns
- The law does not specify the exact fees or payment rates for these evaluations.
- It is unclear how many licensed mental health counselors will choose to take on this specific role immediately after the law takes effect.
- The text states the effective date but does not detail any new training requirements beyond existing licensure.
Plain language
Terms to know
- Child Custody Evaluator
- A trained professional appointed by a judge to study a family and report on what is best for the children regarding custody.
- Licensed Mental Health Counselor (LMHC)
- A mental health worker with graduate-level training who holds an active state license under chapter 453D.
Official record
Sources
Official summary
RELATING TO CHILD CUSTODY. Judiciary; Family Court; Child Custody Evaluators; Licensed Mental Health Counselors Allows licensed mental health counselors to be appointed as child custody evaluators. (SD2)
Official activity
Bill history
- Act 231, on 07/10/2026 (Gov. Msg. No. 1333).H
- Act 231, 07/10/2026 (Gov. Msg. No. 1333).S
- Received notice of passage on Final Reading in House (Hse. Com. No. 823).S
- Transmitted to Governor.H
- 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).H
- House agrees to Senate amendment(s).H
- Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815).S
- Reconsideration of action taken on 04-16-26.H
- Received notice of disagreement (Hse. Com. No. 780).S
- House disagrees with Senate amendment (s).H
- Returned from Senate (Sen. Com. No. 606) in amended form (SD 2).H
- 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.S
- 48 Hrs. Notice 04-14-26.S
- Reported from JDC (Stand. Com. Rep. No. 3763) with recommendation of passage on Third Reading, as amended (SD 2).S
- 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.S
- The committee(s) on JDC will hold a public decision making on 04-01-26 10:30AM; CR 016 & Videoconference.S
- Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.S
- Reported from HHS (Stand. Com. Rep. No. 3129) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.S
- 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.S
- The committee(s) on HHS has scheduled a public hearing on 03-16-26 1:10PM; Conference Room 225 & Videoconference.S
Changes
Amendments
3 stored
This amendment allows licensed mental health counselors to be appointed as child custody evaluators in Hawaii family courts.
This amendment allows licensed mental health counselors to be appointed as child custody evaluators in Hawaii family courts.