State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_HB4300

 
                                               LRB9112100DJtm

 1        AN ACT in relation to child custody.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Neutral Site Custody Exchange Funding Act.

 6        Section  5.  Legislative  findings.  The General Assembly
 7    finds  that  the  domestic  relations  area   of   law,   and
 8    particularly   child  custody  matters,  frequently  involves
 9    seemingly minor disputes between  individuals  that  escalate
10    into major social and legal problems without the intervention
11    of  neutral parties; these problems often result in emotional
12    damage to the children involved and create  an  extra  burden
13    for  the  courts;  there are compelling reasons for providing
14    neutral sites for parents to exchange the physical custody of
15    a  child  for  purposes  of  visitation;  and  not-for-profit
16    charitable organizations can make a substantial  contribution
17    to  the  expeditious  implementation  of  child  custody  and
18    visitation orders in this State.

19        Section 10. Definition. In this Act:
20        "Custody  exchange"  means  an  exchange  of the physical
21    custody of a child  at  the  commencement  or  conclusion  of
22    visitation  with  the  child or at other times pursuant to an
23    order for child custody or visitation.
24        "Neutral site" means a place not under the  ownership  or
25    control  of  any  party  to  an  order  for  child custody or
26    visitation, where a custody exchange takes place.

27        Section 15.  Fund; fee; administration.
28        (a)  In judicial circuits that include a  county  with  a
29    population   of   over   100,000   and  less  than  1,000,000



 
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 1    inhabitants, a neutral site  custody  exchange  fund  may  be
 2    established by any such county by the passage of an ordinance
 3    by the county board.
 4        (b)  In each judicial circuit in which a county board has
 5    enacted  an  ordinance  authorizing  a  neutral  site custody
 6    exchange fund to be established, the county board shall set a
 7    fee to be collected by the clerk of the circuit court on  all
 8    civil case filings of not less than $1 nor more than $8 to be
 9    paid  by  the plaintiff at the time of the filing of the case
10    and by the defendant at the time  of  filing  an  appearance.
11    The  county  board  shall  review the amount of the fee on an
12    annual basis and shall increase the amount of the fee, not to
13    exceed the $8 maximum, if the demand for neutral site custody
14    exchanges requires additional funding.
15        (c)  In each judicial circuit in which a county board has
16    enacted an  ordinance  authorizing  a  neutral  site  custody
17    exchange  fund  to  be  established, the clerk of the circuit
18    court  shall  charge  and  collect  a  neutral  site  custody
19    exchange fund fee as established by the county ordinance. The
20    fee shall be paid by the parties to the action at the time of
21    filing the first pleading in all civil cases. The fees  shall
22    not be charged in any proceeding commenced by or on behalf of
23    a unit of local government.
24        The  fees  shall  be  in  addition  to all other fees and
25    charges of the clerk, shall be assessable as costs, shall  be
26    remitted  by  the  clerk monthly to the county treasurer, and
27    shall be disbursed monthly by the  county  treasurer  to  the
28    neutral  site  custody  exchange  fund established under this
29    Section.  Each such clerk shall  commence  the  charging  and
30    collection of the fee upon receipt of written notice from the
31    county  board  that  a neutral site custody exchange fund has
32    been established.
33        (d)  Each neutral site custody exchange fund  established
34    under  this  Section shall be administered by the Chief Judge
 
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 1    of the judicial circuit in which the fund is established.

 2        Section 20.  Grant disbursements.
 3        (a) Subject to the supervisory authority of  the  Supreme
 4    Court,  the  Chief  Judge of each judicial circuit in which a
 5    neutral site custody exchange fund has been established shall
 6    annually make grant disbursements from the  fund  to  one  or
 7    more  qualified  not-for-profit organizations for the purpose
 8    of implementing a neutral site custody exchange program.
 9        (b)  Disbursements by the Chief Judge shall  be  made  to
10    one  or  more  qualified  not-for-profit  organizations  that
11    operate  within  the  judicial  circuit  based  on  each such
12    organization's proportionate share of  the  total  number  of
13    neutral   site   custody   exchanges   handled  by  all  such
14    organizations in that circuit during the year  prior  to  the
15    grant application.
16        (c)  In   no   event   shall  the  disbursements  to  any
17    not-for-profit organization in one year exceed $500,000.  Any
18    amounts collected under Section 15 but  not  disbursed  in  a
19    particular year shall:
20             (1)  In  single-county judicial circuits, be paid to
21        the county treasurer for the administration of justice in
22        the judicial circuit.
23             (2)  In judicial circuits of more than  one  county,
24        be  paid  to  the  county treasurer of each county of the
25        judicial circuit for the administration of justice in the
26        judicial circuit, in amounts in proportion to the amounts
27        of  the  disbursements  made  by  each  of   the   county
28        treasurers to the fund during that year.

29        Section 25. Rules.
30        (a)  Subject  to the supervisory authority of the Supreme
31    Court, the Chief Judge of each judicial circuit  in  which  a
32    neutral site custody exchange fund has been established shall
 
                            -4-                LRB9112100DJtm
 1    make  rules  pertaining  to the operation and standards to be
 2    adhered to by a not-for-profit organization in that  judicial
 3    circuit  in  order  to  qualify for a grant under Section 20.
 4    The rules shall provide for the following:
 5             (1)  All  work  performed  by   the   not-for-profit
 6        organization,   its   staff,   and  volunteers  shall  be
 7        performed without collecting a fee  or  charge  from  the
 8        parties involved in a custody exchange.
 9             (2)  Each  not-for-profit  organization  receiving a
10        grant under this Act shall maintain records  as  required
11        by  the  Chief Judge of the judicial circuit. The records
12        shall be available for inspection by the  office  of  the
13        Chief Judge and shall demonstrate adherence to applicable
14        requirements.
15        (b)  Subject  to the supervisory authority of the Supreme
16    Court, the Chief Judge of each judicial circuit  in  which  a
17    neutral  site  custody exchange fund has been established may
18    make additional rules necessary for the operation of this Act
19    in that judicial circuit.

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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