EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 25
D4 5lr1484
(PRE–FILED) CF HB 152
By: Senators Carozza, Waldstreicher, and West
Requested: October 30, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
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 2023 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 COURT 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 SENATE BILL 25
(2) APPOINT A CUSTODY EVALU ATOR DETERMINED BY THE CO URT TO 1
BE COMPETENT TO PERFORM A HOME STUDY OR A N EVALUATION OF A SPECIFIC 2
ISSUE. 3
(C) A COURT MAY NOT ORDER THE COST OF AN ASSES SMENT TO BE PAID , IN 4
WHOLE OR IN PART , BY A PARTY WITHOUT G IVING THE PARTIES NO TICE AND AN 5
OPPORTUNITY TO OBJEC T. 6
(D) A COURT MAY NOT APPOINT AN INDIVIDUA L AS A CUSTODY EVALU ATOR 7
UNLESS THE INDIVIDUAL MEETS THE QUALIFICATIONS SPECIFIED IN SUBSECT IONS 8
(E) AND (F) OF THIS SECTION. 9
(E) A CUSTODY EVALUATOR SHALL BE: 10
(1) A PHYSICIAN LICENSED IN ANY STATE WHO IS 11
BOARD–CERTIFIED IN PSYCHIA TRY OR HAS COMPLETED A PSYCHIATRY RESIDEN CY 12
ACCREDITED BY THE ACCREDITATION COUNCIL FOR GRADUATE MEDICAL 13
EDUCATION OR A SUCCES SOR TO THAT COUNCIL ; 14
(2) A MARYLAND LICENSED PSY CHOLOGIST OR A PSYCHOLOGIST 15
WITH AN EQUIVALENT L EVEL OF LICENSURE IN ANY OTHER STATE ; 16
(3) A MARYLAND LICENSED CLI NICAL MARRIAGE AND F AMILY 17
THERAPIST OR A CLINI CAL MARRIAGE AND FAM ILY THERAPIST WITH A N 18
EQUIVALENT LEVEL OF LICENSURE IN ANY OTH ER STATE; 19
(4) A MARYLAND LICENSED CERT IFIED SOCIAL 20
WORKER–CLINICAL OR A CLINIC AL SOCIAL WORKER WIT H AN EQUIVALENT LEVE L 21
OF LICENSURE IN ANY OTHER STATE; 22
(5) (I) A MARYLAND LICENSED GRA DUATE OR MASTER SOCI AL 23
WORKER WITH AT LEAST 2 YEARS OF EXPERIENCE IN: 24
1. ONE OR MORE OF THE AREAS LIS TED IN SUBSECTION 25
(F)(4) OF THIS SECTION; 26
2. PERFORMING CUSTODY E VALUATIONS; OR 27
3. ANY COMBINATION OF THE EXPERIENCE DESCR IBED 28
IN ITEM 1 OR 2 OF THIS ITEM; OR 29
(II) A GRADUATE OR MASTER SOCIAL WORKER WITH A N 30
EQUIVALENT LEVEL OF LICENSURE A ND EXPERIENCE IN ANY OTHER STATE; OR 31 SENATE BILL 25 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 SHALL HAVE: 4
(1) COMPLETED A TRAINING PROGRAM T HAT CONFORMS WITH 5
GUIDELINES ESTABLISH ED BY THE ADMINISTRATIVE OFFICE OF THE COURTS; 6
(2) COMPLIED WITH THE CONTINUING EDUCATIONAL 7
REQUIREMENTS OF THE CUSTODY EVALUATOR ’S FIELD; 8
(3) TRAINING OR EXPERIENCE IN OBS ERVING OR PERFORMING 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) TRAUMA AND ITS IMPAC T ON CHILDREN AND ADULTS ; 15
(IV) FAMILY CONFLICT AND DYNAMICS; 16
(V) CHILD AND ADULT DEVE LOPMENT; AND 17
(VI) THE IMPACT OF DIVORC E AND SEPARATION ON CHILDREN 18
AND ADULTS. 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2025. 21