EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0924*
HOUSE BILL 924
D4 5lr2244
By: Delegate Wilson
Introduced and read first time: January 31, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Family Law – Child Custody Evaluators – Qualifications 2
FOR the purpose of specifying certain qualifications for an individual to be appointed by a 3
court 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 2024 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 APPROVE D BY A COURT TO PERF ORM A CUSTODY EVALUA TION. 15
(B) ON MOTION OF A PARTY OR CHILD’S COUNSEL, OR ON ITS OWN 16
INITIATIVE, A COURT MAY: 17
(1) ORDER AN ASSESSMENT TO AID THE COU RT IN EVALUATING THE 18
HEALTH, SAFETY, AND WELFARE OR BEST INTERESTS OF A CHILD IN A CONTESTED 19
CUSTODY OR VISITATIO N CASE; OR 20
(2) APPOINT A CUSTODY EV ALUATOR DETERMINED B Y THE COURT TO 21 2 HOUSE BILL 924
BE COMPETENT TO PERF ORM A HOME STUDY OR AN EVALUATION OF A S PECIFIC 1
ISSUE. 2
(C) A COURT MAY NOT ORDER THE COST OF AN ASSES SMENT TO BE PAID , IN 3
WHOLE OR IN PART , BY A PARTY WITHOUT G IVING THE PARTIES NO TICE AND AN 4
OPPORTUNITY TO OBJEC T. 5
(D) A COURT MAY NOT APPOIN T AN INDIVIDUAL AS A CUSTODY EVALUATOR 6
UNLESS THE INDIVIDUA L MEETS THE QUALIFICAT IONS SPECIFIED IN SU BSECTIONS 7
(E) AND (F) OF THIS SECTION. 8
(E) A CUSTODY EVALUATOR SH ALL BE: 9
(1) A PHYSICIAN LICENSED IN ANY STATE WHO IS 10
BOARD–CERTIFIED IN PSYCHIA TRY OR HAS COMPLETED A PSYCHIATRY RESIDEN CY 11
ACCREDITED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL 12
EDUCATION OR A SUCCES SOR TO THAT COUNCIL ; 13
(2) A MARYLAND LICENSED PSY CHOLOGIST OR A PSYCH OLOGIST 14
WITH AN EQUIVALENT L EVEL OF LICENSURE IN ANY OTHER STATE ; 15
(3) A MARYLAND LICENSED CLI NICAL MARRIAGE AND F AMILY 16
THERAPIST OR A CLINI CAL MARRIAGE AND FAM ILY THERAPIST WITH A N 17
EQUIVALENT LEVEL OF LICENSURE IN ANY OTH ER STATE; 18
(4) A MARYLAND LICENSED CER TIFIED SOCIAL 19
WORKER–CLINICAL OR A CLINIC AL SOCIAL WORKER WIT H AN EQUIVALENT LEVE L 20
OF LICENSURE IN ANY OTHER STATE; 21
(5) (I) A MARYLAND LICENSED GRA DUATE OR MASTER SOCI AL 22
WORKER WITH AT LEAST 2 YEARS OF EXPERIENCE IN: 23
1. ONE OR MORE OF THE A REAS LISTED IN SUBSE CTION 24
(F)(4) OF THIS SECTION; 25
2. PERFORMING CUSTODY E VALUATIONS; OR 26
3. ANY COMBINATION OF THE EXPERIENCE DESCR IBED 27
IN ITEM 1 OR 2 OF THIS ITEM; OR 28
(II) A GRADUATE OR MASTER SOCIAL WORKER WITH A N 29
EQUIVALENT LEVEL OF LICENSURE AND EXPERI ENCE IN ANY OTHER ST ATE; OR 30
HOUSE BILL 924 3
(6) A MARYLAND LICENSED CLI NICAL PROFESSIONAL C OUNSELOR 1
OR A CLINICAL PROFES SIONAL COUNSELOR WIT H AN EQUIVALENT LEVE L OF 2
LICENSURE IN ANY OTH ER STATE. 3
(F) A CUSTODY EVALUATOR SH ALL HAVE: 4
(1) COMPLETED A TRAINING PROGRAM THAT CONFORM S WITH 5
GUIDELINES ESTABLISH ED BY THE ADMINISTRATIVE OFFICE OF THE COURTS; 6
(2) COMPLIED WITH THE CONTINUING EDUCA TIONAL 7
REQUIREMENTS OF THE CUSTODY EVALUATOR ’S FIELD; 8
(3) TRAINING OR EXPERIEN CE IN OBSERVING OR P ERFORMING 9
CUSTODY EVALUATIONS ; AND 10
(4) CURRENT KNOWLEDGE AN D EXPERIENCE IN DEAL ING WITH 11
ALLEGATIONS IN THE F OLLOWING AREAS : 12
(I) DOMESTIC VIOLENCE ; 13
(II) CHILD NEGLECT AND AB USE; 14
(III) CHILD SEXUAL ABUSE ; 15
(IV) TRAUMA AND ITS IMPAC T ON CHILDREN AND AD ULTS; 16
(V) FAMILY CONFLICT AND DYNAMICS; 17
(VI) CHILD AND ADULT DEVE LOPMENT; AND 18
(VII) THE IMPACT OF DIVORC E AND SEPARATION ON CHILDREN 19
AND ADULTS. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2025. 22