Family Law - Child Custody Evaluators - Qualifications

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0222*

SENATE BILL 222
D4 6lr0797
SB 25/25 – JPR (PRE–FILED) CF HB 137
By: Senators Carozza and West, Folden, Smith, Waldstreicher, and West
Requested: September 8, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 20, 2026

CHAPTER ______

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 COUNSEL , OR ON ITS OWN 16
INITIATIVE, A COURT MAY: 17
2 SENATE BILL 222

(1) ORDER AN ASSESSMENT TO AID THE COURT IN EVALUATING THE 1
HEALTH, SAFETY, AND WELFARE OR BEST INTERESTS OF A CHILD IN A CONTESTED 2
CUSTODY OR VISITATION CASE; OR 3

(2) APPOINT A CUSTODY EVALUATOR DETERMINED BY THE COURT TO 4
BE COMPETENT TO CONDUCT A HOME STUDY OR AN E VALUATION OF A SPECI FIC 5
ISSUE. 6

(C) A COURT MAY NOT ORDER THE COST OF AN ASSESSMENT TO BE PAID, IN 7
WHOLE OR IN PART , BY A PARTY WITHOUT G IVING THE PARTIES NO TICE AND AN 8
OPPORTUNITY TO OBJECT. 9

(D) A COURT MAY NOT APPOINT AN INDIVIDUAL AS A CUSTODY EVALUATOR 10
UNLESS: 11

(1) THE INDIVIDUAL MEETS THE QUALIFICATIONS SPECI FIED IN 12
SUBSECTIONS (E) AND (F) OF THIS SECTION; OR 13

(2) THE COURT WAIVES THE QUALIFICATIONS IN ACCORDANCE WITH 14
SUBSECTION (G) OF THIS SECTION. 15

(E) (1) A CUSTODY EVALUATOR MUST BE: 16

(I) A PHYSICIAN LICENSED IN ANY STATE WHO IS 17
BOARD–CERTIFIED IN PSYCHIATRY OR HAS COMPLETED A PSYCHIATRY RESIDENCY 18
ACCREDITED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL 19
EDUCATION OR A SUCCESSOR TO THAT COUNCIL; 20

(II) A MARYLAND–LICENSED PSYCHOLOGIS T OR A 21
PSYCHOLOGIST WITH AN EQUIVALENT LEVEL OF LICENSURE IN ANY OTHER STATE; 22

(III) A MARYLAND–LICENSED CLINICAL MARRIAGE AND FAMILY 23
THERAPIST OR A CLINI CAL MARRIAGE AND FAM ILY THERAPIST WITH A N 24
EQUIVALENT LEVEL OF LICENSURE IN ANY OTHER STATE; 25

(IV) A MARYLAND–LICENSED CERTIFIED S OCIAL 26
WORKER–CLINICAL OR A CLINIC AL SOCIAL WORKER WIT H AN EQUIVALENT LEVE L 27
OF LICENSURE IN ANY OTHER STATE; 28

(V) 1. A MARYLAND–LICENSED GRADUATE OR MASTER 29
SOCIAL WORKER WITH AT LEAST 2 YEARS OF EXPERIENCE IN: 30

SENATE BILL 222 3

A. ONE OR MORE OF THE AREAS LISTED IN SUBSECTION 1
(F)(4) OF THIS SECTION; 2

B. CONDUCTING CUSTODY EVALUATIONS; OR 3

C. ANY COMBINATION OF T HE EXPERIENCE DESCRI BED 4
IN ITEM A OR B OF THIS ITEM; OR 5

2. A GRADUATE OR MASTER SOCIAL WORKER WITH A N 6
EQUIVALENT LEVEL OF LICENSURE AND EXPERIENCE IN ANY OTHER STATE; OR 7

(VI) A MARYLAND–LICENSED CLINICAL PR OFESSIONAL 8
COUNSELOR OR A CLINI CAL PROFESSIONAL COU NSELOR WITH AN EQUIV ALENT 9
LEVEL OF LICENSURE IN ANY OTHER STATE. 10

(2) A CUSTODY EVALUATOR SH ALL COMPLY WITH ALL CONDITIONS 11
NECESSARY TO MAINTAI N PROFESSIONAL LICEN SURE, INCLUDING COMPLETING 12
ALL MANDATORY CONTINUING EDUCATION REQUIREMENTS. 13

(F) EXCEPT AS PROVIDED IN SUBSECTION (G) OF THIS SECTION, A CUSTODY 14
EVALUATOR MUST HAVE: 15

(1) COMPLETED A TRAINING PROGRAM THAT CONFORMS TO 16
GUIDELINES ESTABLISHED BY THE ADMINISTRATIVE OFFICE OF THE COURTS; 17

(2) COMPLIED WITH THE CO NTINUING EDUCATIONAL 18
REQUIREMENTS OF THE CUSTODY EVALUATOR’S FIELD; 19

(3) EXPERIENCE IN CONDUCTING OR OBSERVING CUSTODY 20
EVALUATIONS; AND 21

(4) DEMONSTRATED KNOWLEDGE OF AND EXPERIENCE IN TH E 22
FOLLOWING TOPICS: 23

(I) DOMESTIC AND FAMILY VIOLENCE; 24

(II) CHILD NEGLECT AND ABUSE, INCLUDING SEXUAL ABUSE; 25

(III) CHILD AND ADULT DEVELOPMENT; 26

(IV) TRAUMA AND ITS IMPACT ON CHILDREN AND ADULTS; 27

(V) FAMILY DYNAMICS AND CONFLICT RESOLUTION; 28
4 SENATE BILL 222

(VI) DISABILITY–RELATED ISSUES; AND 1

(VII) THE IMPACT OF DIVORC E AND SEPARATION ON CHILDREN 2
AND ADULTS. 3

(G) A COURT MAY WAIVE THE REQUIREMENTS IN SUBSECTIONS (E) AND (F) 4
OF THIS SECTION FOR A COURT EMPLOYEE OR AN INDIVIDUAL UNDER CONTRACT 5
WITH THE COURT WHO: 6

(1) CONDUCTED CUSTODY EVALUATI ONS FOR AT LEAST 14 YEARS 7
PRIOR TO JANUARY 1, 2025; 8

(2) HAS COMPLETED A TRAINING PROGRAM R EQUIRED BY 9
SUBSECTION (F)(1) OF THIS SECTION; AND 10

(3) COMPLETES AT LEAST 20 HOURS PER YEAR OF CO NTINUING 11
EDUCATION RELEVANT TO CONDUCTING CUSTODY EVALUATIONS. 12

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
1, 2026. 14

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.