Hawaii legislation · 2026 Regular Session
Hawaii HB1705: Relating to Child Custody.
Status: Signed into law, July 10, 2026
Allows licensed mental health counselors to be appointed as child custody evaluators.
What the bill says
A bill FOR AN ACT RELATING TO CHILD CUSTODY. SECTION I. The legislature finds that the State faces significant challenges in providing timely and equitable child custody evaluations for families engaged in family court proceedings. 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. Licensed mental health counselors possess equivalent graduate-level education, training, and clinical expertise as their peers who are already eligible to serve.
From the engrossed text:
A BILL FOR AN ACT RELATING TO CHILD CUSTODY. SECTION I. The legislature finds that the State faces significant challenges in providing timely and equitable child custody evaluations for families engaged in family court proceedings. 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. Licensed mental health counselors possess equivalent graduate-level education, training, and clinical expertise as their peers who are already eligible to serve as child custody evaluators. 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 2026-2062 HB1705 SD2 SMA.docx MllimillHillllllllBlllillll Page H.B. NO. E 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 …