State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0811

HB4300 Enrolled                                LRB9112100DJtm

    AN ACT in relation to child custody.

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

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

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

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

    Section 15.  Fund; fee; administration.
    (a)  In  a  county  with a population of over 100,000 and
less than  1,000,000  inhabitants,  a  neutral  site  custody
exchange  fund  may  be  established  by  the  passage  of an
ordinance by the county board.
    (b)  In each county in which a county board  has  enacted
an ordinance authorizing a neutral site custody exchange fund
to  be  established,  the  county board shall set a fee to be
collected by the clerk of the circuit court on all civil case
filings of not less than $1 nor more than $8 to  be  paid  by
the  plaintiff  at  the time of the filing of the case and by
the defendant at the  time  of  filing  an  appearance.   The
county  board shall review the amount of the fee on an annual
basis and shall increase the amount of the fee, not to exceed
the $8 maximum,  if  the  demand  for  neutral  site  custody
exchanges requires additional funding.
    (c)  In  each  county in which a county board has enacted
an ordinance authorizing a neutral site custody exchange fund
to be established, the  clerk  of  the  circuit  court  shall
charge  and  collect a neutral site custody exchange fund fee
as established by the county ordinance. The fee shall be paid
by the parties to the action at the time of filing the  first
pleading in all civil cases. The fees shall not be charged in
any  proceeding  commenced by or on behalf of a unit of local
government.
    The fees shall be in  addition  to  all  other  fees  and
charges  of the clerk, shall be assessable as costs, shall be
remitted by the clerk monthly to the  county  treasurer,  and
shall  be  deposited  monthly  by the county treasurer in the
neutral site custody exchange  fund  established  under  this
Section.   Each  such  clerk  shall commence the charging and
collection of the fee upon receipt of written notice from the
county board that a neutral site custody  exchange  fund  has
been established.

    Section 20.  Grant disbursements.
    (a)  The  county board in a county that has established a
neutral site custody exchange fund shall annually make  grant
disbursements   from  the  fund  to  one  or  more  qualified
not-for-profit organizations for the purpose of  implementing
a  neutral  site  custody exchange program, provided that the
expenditure is approved by the chief judge  of  the  judicial
circuit in which the county is located.
    (b)  Disbursements  by  the county board shall be made to
one  or  more  qualified  not-for-profit  organizations  that
operate within the county based on each  such  organization's
proportionate  share  of  the  total  number  of neutral site
custody exchanges handled by all such organizations  in  that
county during the year prior to the grant application.
    (c)  In   no   event   shall  the  disbursements  to  any
not-for-profit organization in one year exceed $500,000.  Any
amounts collected under Section 15 but  not  disbursed  in  a
particular year shall be paid to the county treasurer for the
administration of justice in the county.

    Section 25. Rules.
    (a)  The county board in a county in which a neutral site
custody  exchange  fund has been established shall make rules
pertaining to the operation and standards to be adhered to by
a not-for-profit organization in  that  county  in  order  to
qualify  for  a  grant  under  Section  20.   The rules shall
provide for the following:
         (1)  All  work  performed  by   the   not-for-profit
    organization,   its   staff,   and  volunteers  shall  be
    performed without collecting a fee  or  charge  from  the
    parties involved in a custody exchange.
         (2)  Each  not-for-profit  organization  receiving a
    grant under this Act shall maintain records  as  required
    by  the  county board. The records shall be available for
    inspection by the office of the  Chief  Judge  and  shall
    demonstrate adherence to applicable requirements.
    (b)  The county board in a county in which a neutral site
custody   exchange   fund   has  been  established  may  make
additional rules necessary for the operation of this  Act  in
that county.

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

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