SB3083 102ND GENERAL ASSEMBLY

LRB102 19027 LNS 27791 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3083

Introduced 1/11/2022, by Sen. Robert F. Martwick

SYNOPSIS AS INTRODUCED:

750 ILCS 5/612 new

Amends the Illinois Marriage and Dissolution of Marriage Act. Allows a court to appoint a parenting coordinator when deemed in the best interests of the child following the entry of, or prior to if approved by the court, a parenting plan. Provides that a parenting coordinator shall facilitate the resolution of conflict among parties regarding an existing parenting plan in a marital dissolution, parentage, or post-judgment case. Authorizes a parenting coordinator to make specific recommendations regarding the existing parenting plan. Restricts a parenting coordinator from making certain recommendations. Requires the parenting coordinator to provide recommendations to the parties within 14 days of the recommendations. Allows the parties to submit the recommendations to the court for entry as an agreed order. Prohibits a parenting coordinator from serving as a court's professional evaluation in any proceeding involving one or more parties for whom the parenting coordinator has provided parenting coordination services. Requires the parties to pay the parenting coordinator fees. Requires the parties to comply with the recommendations made by the parenting coordinator. Allows a party to file a motion for review of any recommendations made by the parenting coordinator. Allows the parenting coordinator to have access to non-public records involving the parties. Provides that communications with the parenting coordinator shall not be confidential. Provides that no ex parte communication by the parenting coordinator with the court is permitted. Grants the same immunity to a parenting coordinator as provided to all other professional appointed under a provision regarding the representation of a child. Allows a court to adopt its own rules governing the qualifications, appointment, duties, and training of parenting coordinators.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by adding Section 612 as follows:

(750 ILCS 5/612 new)

Sec. 612. Parenting coordinator.

(a) As used in this Section:

"Parenting coordination" means an out-of-court process for the resolution of conflicts or impasse in decision-making between the parties concerning the minor children.

"Parenting coordinator" means the person appointed by the court to perform the duties of parenting coordination as set forth in this Section.

(b) Following the entry of a parenting plan, or prior to the entry of a parenting plan if approved by the court, and after considering allegations or evidence of domestic abuse between the parties, a parenting coordinator may be appointed by the court when deemed in the best interests of the child due to:

(1) the parties' failure to adequately cooperate and communicate with regard to issues involving the children;

(2) the parties' inability to implement the existing parenting plan or parenting schedule;

(3) unsuccessful mediation or the court determining mediation to be inappropriate;

(4) the agreement of the parties; or

(5) any other reason the court deems appropriate which does not exceed the authority under this Section.

(c) A parenting coordinator shall facilitate the resolution of conflict among parties regarding an existing parenting plan in a marital dissolution, parentage, or post-judgment case to:

(1) track parental behaviors, including compliance or lack thereof with orders entered in the case by the court;

(2) resolve disputes between the parties upon request of a party or order of the court;

(3) make recommendations to the parties; and

(4) make recommendations to the court upon proper notice and petition.

(d) A parenting coordinator is authorized to make specific recommendations regarding the existing parenting plan including, but not limited to:

(1) the time, place, and manner for the pick-up or drop-off of the child in relation to each party's designated parenting time or non-parent visitation;

(2) disputes regarding the extent and nature of the child's participation in existing educational and extracurricular activities;

(3) minor alterations of parenting time or non-parent visitation to accommodate changes in schedule or availability of the child or a party, including make-up time if permitted by a prior court order;

(4) decisions regarding non-permanent alterations to the physical appearance of the child such as the child's clothing and hairstyle; and

(5) any other specific issues assigned to the parenting coordinator by the court or agreed by the parties which do not exceed the authority under this Section.

(e) A parenting coordinator shall not make recommendations as to:

(1) The allocation of parental responsibilities for decision-making.

(2) The initial allocation of parental responsibilities for parenting time.

(3) Relocation.

(4) Establishing visitation by a non-parent.

(f) The parenting coordinator shall provide his or her recommendations in writing to the parties within 14 days of the recommendations.

(g) The parties may submit the recommendations to the court for entry as an agreed order.

(h) A parenting coordinator is prohibited from serving as a court's professional evaluator pursuant to subsections (b) and (c) of Section 604.10 in any proceeding involving one or more parties for whom the parenting coordinator has provided parenting coordination services. A previously appointed professional evaluator may be appointed a parenting coordinator in the same case only by agreement of the parties and approval of the court.

(i) The parties shall pay the parenting coordinator fees as ordered by the court or agreed upon in writing by the parties and the parenting coordinator.

(j) The parties shall comply with the recommendations made by the parenting coordinator until and unless the court, after a hearing on the motion and any responses thereto, rules that the recommendations at issue are:

(1) in contravention of the child's best interests; or

(2) outside the scope of the authority bestowed upon the parenting coordinator under this Section, the applicable local circuit court rule, or the order entered by the court appointing the parenting coordinator.

(k) A party may file a motion in the circuit court for review of any recommendations made by the parenting coordinator. The circuit court shall review the recommendations at issue under a de novo standard of review. If a party files a motion for review and the court substantially affirms the recommendations of the parenting coordinator, the court may order the party opposing the recommendations to pay both parties' reasonable attorney's fees and costs incurred in connection with the issue brought before the court.

(l) The parenting coordinator shall have access to non-public court records involving the same parties, including orders of protection, civil no contact orders, and stalking no contact orders, if approved by the court.

(m) Communications with the parenting coordinator shall not be confidential, except as provided by another law or by court order in a case involving the same parties.

(n) No ex parte communication by the parenting coordinator with the court is permitted.

(o) A parenting coordinator has the same immunity provided to all other professionals appointed pursuant to Section 506.

(p) Each circuit court for the State may adopt rules governing the qualifications, appointment, duties, and training of parenting coordinators if such rules do not conflict with the minimum requirements that each parenting coordinator:

(1) possess a Juris Doctorate or a Master's degree in social work, psychology, or counseling, or a higher or equivalent degree in a related field;

(2) have at least 5 years of experience in law, mental health, or a related field;

(3) complete an approved course on domestic violence; and

(4) attend at least 4 hours per year of continuing education programs which shall address, at a minimum, psychological issues, the needs of children in cases of family separation, and family dynamics. The court may waive the requirements in paragraphs (1) through (4).