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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0137*
HOUSE BILL 137
D4 6lr0929
HB 152/25 – JUD (PRE–FILED) CF SB 222
By: Delegates Kaufman, Arikan, Foley, and Taylor
Requested: September 23, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Family Law – Child Custody Evaluators – Qualifications 2
FOR the purpose of establishing qualifications for an individual to be appointed by a court 3
as a custody evaluator; and generally relating to child custody and visitation. 4
BY adding to 5
Article – Family Law 6
Section 9–109 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2025 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Family Law 12
9–109. 13
(A) IN THIS SECTION , “CUSTODY EVALUATOR ” MEANS AN INDIVIDUAL 14
APPOINTED OR APPROVED BY A COURT TO CONDUCT A CUSTODY EVALUATION. 15
(B) ON MOTION OF A PARTY OR CHILD ’S COUNSE L, OR ON ITS OWN 16
INITIATIVE, A COURT MAY: 17
(1) ORDER AN ASSESSMENT TO AID THE COURT IN EVALUATING THE 18
HEALTH, SAFETY, AND WELFARE OR BEST INTERESTS OF A CHILD IN A CONTESTED 19
CUSTODY OR VISITATION CASE; OR 20
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(2) APPOINT A CUSTODY EVALUATOR DETERMINED BY THE COURT TO 1
BE COMPETENT TO COND UCT A HOME STUDY OR AN EVALUATION OF A S PECIFIC 2
ISSUE. 3
(C) A COURT MAY NOT ORDER THE COST OF AN ASSESSMENT TO BE PAID, IN 4
WHOLE OR IN PART , BY A PARTY WITHOUT G IVING THE PARTIES NO TICE AND AN 5
OPPORTUNITY TO OBJECT. 6
(D) A COURT MAY NOT APPOINT AN INDIVIDUAL AS A CUSTODY EVALUATOR 7
UNLESS: 8
(1) THE INDIVIDUAL MEETS THE QUALIFICATIONS S PECIFIED IN 9
SUBSECTIONS (E) AND (F) OF THIS SECTION; OR 10
(2) THE COURT WAIVES THE QUALIFICATIONS IN ACCORDANCE WITH 11
SUBSECTION (G) OF THIS SECTION. 12
(E) (1) A CUSTODY EVALUATOR MUST BE: 13
(I) A PHYSICIAN LICENSED IN ANY STATE WHO IS 14
BOARD–CERTIFIED IN PSYCHIATRY OR HAS COMPLETED A PSYCHIATRY RESIDENCY 15
ACCREDITED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL 16
EDUCATION OR A SUCCESSOR TO THAT COUNCIL; 17
(II) A MARYLAND–LICENSED PSYCHOLOGIS T OR A 18
PSYCHOLOGIST WITH AN EQUIVALENT LEVEL OF LICENSURE IN ANY OTHER STATE; 19
(III) A MARYLAND–LICENSED CLINICAL MARRIAGE AND FAMILY 20
THERAPIST OR A CLINI CAL MARRIAGE AND FAM ILY THERAPIST WITH AN 21
EQUIVALENT LEVEL OF LICENSURE IN ANY OTHER STATE; 22
(IV) A MARYLAND–LICENSED CERTIFIED S OCIAL 23
WORKER–CLINICAL OR A CLINIC AL SOCIAL WORKER WIT H AN EQUIVALENT LEVE L 24
OF LICENSURE IN ANY OTHER STATE; 25
(V) 1. A MARYLAND–LICENSED GRADUATE OR MASTER 26
SOCIAL WORKER WITH AT LEAST 2 YEARS OF EXPERIENCE IN: 27
A. ONE OR MORE OF THE A REAS LISTED IN SUBSECTION 28
(F)(4) OF THIS SECTION; 29
B. CONDUCTING CUSTODY EVALUATIONS; OR 30
HOUSE BILL 137 3
C. ANY COMBINATION OF T HE EXPERIENCE DESCRI BED 1
IN ITEM A OR B OF THIS ITEM; OR 2
2. A GRADUATE OR MASTER SOCIAL WORKER WITH A N 3
EQUIVALENT LEVEL OF LICENSURE AND EXPERIENCE IN ANY OTHER STATE; OR 4
(VI) A MARYLAND–LICENSED CLINICAL PR OFESSIONAL 5
COUNSELOR OR A CLINI CAL PROFESSIONAL COU NSELOR WITH AN EQUIV ALENT 6
LEVEL OF LICENSURE IN ANY OTHER STATE. 7
(2) A CUSTODY EVALUATOR SH ALL COMPLY WITH ALL CONDITIONS 8
NECESSARY TO MAINTAI N PROFESSIONAL LICEN SURE, INCLUDING COMPLETING 9
ALL MANDATORY CONTINUING EDUCATION REQUIREMENTS. 10
(F) EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION, A CUSTODY 11
EVALUATOR MUST HAVE: 12
(1) COMPLETED A TRAINING PROGRAM THAT CONFORM S TO 13
GUIDELINES ESTABLISHED BY THE ADMINISTRATIVE OFFICE OF THE COURTS; 14
(2) COMPLIED WITH THE CO NTINUING EDUCATIONAL 15
REQUIREMENTS OF THE CUSTODY EVALUATOR’S FIELD; 16
(3) EXPERIENCE IN CONDUC TING OR OBSERVING CU STODY 17
EVALUATIONS; AND 18
(4) DEMONSTRATED KNOWLED GE OF AND EXPERIENCE IN THE 19
FOLLOWING TOPICS: 20
(I) DOMESTIC AND FAMILY VIOLENCE; 21
(II) CHILD NEGLECT AND ABUSE, INCLUDING SEXUAL ABUSE; 22
(III) CHILD AND ADULT DEVELOPMENT; 23
(IV) TRAUMA AND ITS IMPACT ON CHILDREN AND ADULTS; 24
(V) FAMILY DYNAMICS AND CONFLICT RESOLUTION; 25
(VI) DISABILITY–RELATED ISSUES; AND 26
(VII) THE IMPACT OF DIVORC E AND SEPARATION ON CHILDREN 27
AND ADULTS. 28
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(G) A COURT MAY WAIVE THE REQUIREMENTS IN SUBSECTIONS (E) AND (F) 1
OF THIS SECTION FOR A COURT EMPLOYEE OR AN INDIVIDUAL UNDER CONTRACT 2
WITH THE COURT WHO: 3
(1) CONDUCTED CUSTODY EV ALUATIONS FOR AT LEA ST 14 YEARS 4
PRIOR TO JANUARY 1, 2025; 5
(2) HAS COMPLETED A TRAI NING PROGRAM REQUIRED BY 6
SUBSECTION (F)(1) OF THIS SECTION; AND 7
(3) COMPLETES AT LEAST 20 HOURS PER YEAR OF CO NTINUING 8
EDUCATION RELEVANT TO CONDUCTING CUSTODY EVALUATIONS. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
1, 2026. 11