Two Hawaii Court Bills Made Narrow Changes With Very Different Human Stakes.

Can a small statutory edit still matter to the person waiting on the court?

Two Hawaii laws show how.

HB1705 adds licensed mental health counselors to the professionals who may serve as child custody evaluators. Hawaii already allowed marriage and family therapists, psychiatrists, psychologists, and clinical social workers.

The purpose is practical. A larger evaluator pool can reduce delays and costs for families. The law does not change the best-interest-of-the-child standard or lower the existing qualification framework.

The responsibility remains substantial. An evaluator's recommendation can shape where a child lives and how a family functions. Courts and licensing bodies will need to hold every evaluator to the same level of competence.

HB2279 addresses expungement. In 2023, the Hawaii Supreme Court held that a person arrested or charged with a crime but ultimately convicted only of a violation, a noncriminal infraction, may clear the arrest record for that incident.

Act 152 writes that ruling into statute. It does not authorize expungement for someone convicted of a crime. Existing exclusions for circumstances such as absconding and specified bail forfeitures remain.

One law deals with the people family courts may appoint. The other clarifies which arrest records may be cleared after a noncriminal outcome. Both are narrow corrections rather than broad rewrites.

Acts 152 and 231 should be judged by implementation: evaluator quality in custody cases and fidelity to the narrow noncrime boundary in expungement cases.

This is our read of the laws. We encourage you to read them yourself and reach your own conclusions.