RELATING TO CHILD CUSTODY.
SB 2090 allows licensed mental health counselors to serve as child custody evaluators, expanding the pool of qualified professionals who can assess children's needs in custody cases. This change directly affects families involved in child custody disputes where mental health evaluations are required. The bill removes previous restrictions that limited this role to certain licensed professionals, enabling counselors with appropriate training to participate. It does not alter custody laws or standards but broadens who can conduct these evaluations. The measure passed a committee recommendation with four supporting votes in January 2026.
Bill status
passed both
4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Apr 2026
Senate Passage
Mar 2026
House Passage
Apr 2026
Governor
Introduced Jan 14, 2026
Last action Apr 28, 2026
Maddy AI version diff · 1 comparison
What changed between versions
SB2090
→
SB2090_HD1
·
3 edits
MINOR
This bill expands the pool of professionals eligible to conduct child custody evaluations in Hawaii to include licensed mental health counselors (LMHCs), who currently cannot serve in this role despite having equivalent training to other qualified evaluators. The change aims to address a severe shortage of evaluators and reduce high costs for families by increasing the supply of available professionals. Additionally, the bill includes a significant technical adjustment to the effective date, moving the implementation from July 1, 2026, to July 1, 3000.
Scope change
The bill's scope broadened to include licensed mental health counselors as eligible child custody evaluators, whereas previously only marriage and family therapists, psychiatrists, and mental health counselors (under a different chapter) were eligible.
ELIGIBILITY
Licensed mental health counselors are now explicitly authorized to serve as child custody evaluators, addressing a gap where they were excluded despite meeting professional standards.
TIMELINE
The effective date of the Act was changed from July 1, 2026, to July 1, 3000, likely due to a clerical error or placeholder update in the draft.
TECHNICAL
Minor formatting and text capitalization adjustments were made throughout the document, such as changing 'relating to child custody' to 'RELATING TO CHILD CUSTODY'.
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
28
Key actions
9
Committee
10
Amendments
1
Apr 9, 2026
Amended
Senate disagrees with House amendments.
upper
Apr 9, 2026
Introduced
Received from House (Hse. Com. No. 484).
upper
Apr 8, 2026
Lower · Passed
Passed Third Reading with Representative(s) Alcos, Garcia voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1). Transmitted to Senate.
lower
Apr 1, 2026
Lower · Passed
The committee on JHA recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Takayama, Cochran, Shimizu; Ayes with reservations: Representative(s) Garcia; Noes: none; and 2 Excused: Representative(s) Hashem, Sayama.
lower
Mar 24, 2026
Committee
Reported from HSH (Stand. Com. Rep. No. 1373-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
lower
Mar 19, 2026
Lower · Passed
The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi; Ayes with reservations: Representative(s) Alcos, Garcia; Noes: none; and Excused: none.
lower
Mar 12, 2026
Committee
Referred to HSH, JHA, referral sheet 17
lower
Mar 10, 2026
Introduced
Received from Senate (Sen. Com. No. 166).
lower
Mar 10, 2026
Upper · Passed
Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.
upper
Feb 27, 2026
Upper · Passed
The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) San Buenaventura, Awa.
upper
Feb 23, 2026
Upper · Passed
The committee(s) on JDC will hold a public decision making on 02-27-26 10:30AM; Conference Room 016 & Videoconference.
upper
Feb 13, 2026
Upper · Passed
Report adopted; Passed Second Reading and referred to JDC.
upper
Feb 13, 2026
Committee
Reported from HHS (Stand. Com. Rep. No. 2248) with recommendation of passage on Second Reading and referral to JDC.
upper
Jan 30, 2026
Upper · Passed
The committee(s) on HHS recommend(s) that the measure be PASSED, UNAMENDED. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha, Keohokalole; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Fevella.
upper
Jan 27, 2026
Upper · Passed
The committee(s) on HHS has scheduled a public hearing on 01-30-26 3:00PM; Conference Room 224 & Videoconference.
upper
Jan 22, 2026
Committee
Referred to HHS, JDC.
upper
Jan 21, 2026
Introduced
Introduced and passed First Reading.
upper
Jan 14, 2026
Introduced
Pending Introduction.
upper
6 primary · 1 co-sponsor
Sponsors
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