§571-46.4 Child custody evaluators; qualification; registry; complaints. (a) 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) Physician under chapter 453 and is a board certified psychiatrist or has completed a residency in psychiatry;
(2) Psychologist under chapter 465;
(3) Marriage and family therapist under chapter 451J; or
(4) Clinical social worker under section 467E-7(3).
(b) A person may be appointed as a child custody evaluator in the absence of a license under subsection (a) if:
(1) The individual has obtained education and training that meet nationally recognized competencies and standards of practice in child custody evaluation; provided that there are no child custody evaluators enumerated under subsection (a) who are willing and available, within a reasonable period of time, to perform child custody evaluations; or
(2) The parties stipulate to a person who does not qualify as a child custody evaluator under subsection (a) and the court approves that person as a fact-finding investigator to the court.
(c) The judiciary shall maintain on its website a publicly accessible registry of child custody evaluators who are qualified pursuant to this section. Professionals who are willing and available to perform child custody evaluations shall be responsible for providing the judiciary with relevant information, including contact information, evidence of qualifications, and fees.
(d) The judiciary shall establish a referral process to allow parties to file a complaint with the judiciary regarding a court-appointed child custody evaluator. Upon notification by a party of the party's intent to file a complaint against a child custody evaluator appointed under subsection (a), the judiciary may refer the complainant to the appropriate licensing authority. The judiciary shall submit to the legislature an annual report regarding the number of complaints against court-appointed child custody evaluators that are processed through the referral process.
(e) A complaint against a court-appointed child custody evaluator not qualified under subsection (a) may be resolved through civil litigation. [L 2013, c 103, §2]
Structure Hawaii Revised Statutes
571-1 Construction and purpose of chapter.
571-3 Family courts, divisions of circuit courts.
571-4 Family courts, circuits.
571-5 Board of family court judges.
571-6 Appointment and duties of employees.
571-8 District family courts; district family judges; appointment; sessions.
571-8.1 Qualifications; tenure; removal.
571-8.2 Salary of district family judges.
571-8.3 Disqualification; absence; vacancy.
571-11 Jurisdiction; children.
571-12 Transfer from other courts.
571-13 Retention of jurisdiction.
571-21 Complaint; investigation; petition.
571-22 Waiver of jurisdiction; transfer to other courts.
571-22.5 Appeal of waiver of jurisdiction.
571-23 Summons; notice; custody of minor.
571-24 Failure to answer summons; warrants.
571-31 Taking children into custody; release; notice.
571-31.1 Standard for detention.
571-31.2 Juvenile intake and diagnostic services.
571-31.3 Voluntary assistance.
571-31.4 Informal adjustment, law violators.
571-31.5 Informal adjustment, status offenders.
571-31.6 Informal adjustment, minor who may be both law violator and status offender.
571-32 Detention; shelter; release; notice.
571-32.1 Contract and fee-for-service accommodations.
571-33 Detention and shelter facilities.
571-34 Criminal history record checks.
571-41 Procedure in children's cases.
571-41.1 Extradition of minors to Hawaii.
571-41.2 Extradition of minors from Hawaii.
571-42 Procedure in adult cases.
571-43 Additional remedies not pleaded.
571-44 Physical or mental examination and treatment.
571-46 Criteria and procedure in awarding custody and visitation; best interest of the child.
571-46.2 Orders relating to custody and visitation cases.
571-46.4 Child custody evaluators; qualification; registry; complaints.
571-46.6 Criteria and procedure in awarding custody and visitation; disability.
571-47 Determination of parentage of child born in wedlock.
571-48.5 Probation supervision requirements.
571-48.6 Earned discharge from probation; reporting requirements.
571-50 Modification of decree, rehearing.
571-51 Support of minor committed for study or care.
571-51.5 Modification of support and visitation decrees.
571-52 Assignment by court order of future income for payments of support.
571-52.3 Immediate income withholding.
571-52.5 Guidelines to determine child support amounts.
571-52.7 Award of costs and reasonable attorneys' fees.
571-55 Certification in lieu of oath.
571-61 Termination of parental rights; petition.
571-62 Hearing; investigation and report.
571-71 Juvenile crime prevention bureau; establishment of.
571-72 Duties and powers; reports; expungement of juvenile arrest records.
571-73 No limitations on family courts.
571-74 Rules and standards; investigation and questioning; fingerprinting and photographing.
571-82 Court sessions; quarters.
571-83 Court and witness fees.
571-84.5 Support order, decree, judgment, or acknowledgment; social security number
571-84.6 Minor law violators; proceedings and records not confidential.
571-85 Authority of probation officers; additional probation officers.
571-87 Appointment of counsel and guardian ad litem; compensation.
571-88 Orders expunging juvenile arrest records.
571-89 Family court; annual report.
571-93 Duty to cooperate and disclose information.
571-94 Hearings; electronic participation.
571-95 Sole factor; effect on existing orders.
571-96 Visitation and contact.
571-97 Delegation of the deployed parent's contact rights to another.