Full Text of SB3083 102nd General Assembly
SB3083eng 102ND GENERAL ASSEMBLY |
| | SB3083 Engrossed | | LRB102 19027 LNS 27791 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by adding Section 612 as follows: | 6 | | (750 ILCS 5/612 new) | 7 | | Sec. 612. Parenting coordinator. | 8 | | (a) As used in this Section: | 9 | | "Parenting coordination" means an out-of-court process for | 10 | | the resolution of conflicts or impasse in decision-making | 11 | | between the parties concerning the minor children. | 12 | | "Parenting coordinator" means the person appointed by the | 13 | | court to perform the duties of parenting coordination as set | 14 | | forth in this Section. | 15 | | (b) Following the entry of a parenting plan, or prior to | 16 | | the entry of a parenting plan if approved by the court, and | 17 | | after considering allegations or evidence of domestic abuse | 18 | | between the parties, a parenting coordinator may be appointed | 19 | | by the court when deemed in the best interests of the child due | 20 | | to: | 21 | | (1) the parties' failure to adequately cooperate and | 22 | | communicate with regard to issues involving the children; | 23 | | (2) the parties' inability to implement the existing |
| | | SB3083 Engrossed | - 2 - | LRB102 19027 LNS 27791 b |
|
| 1 | | parenting plan or parenting schedule; | 2 | | (3) unsuccessful mediation or the court determining | 3 | | mediation to be inappropriate; | 4 | | (4) the agreement of the parties; or | 5 | | (5) any other reason the court deems appropriate which | 6 | | does not exceed the authority under this Section. | 7 | | (c) A parenting coordinator shall facilitate the | 8 | | resolution of conflict among parties regarding an existing | 9 | | parenting plan in a marital dissolution, parentage, or | 10 | | post-judgment case to: | 11 | | (1) monitor parental behaviors, including compliance | 12 | | or lack thereof with orders entered in the case by the | 13 | | court; | 14 | | (2) resolve disputes between the parties upon request | 15 | | of a party or order of the court; | 16 | | (3) make recommendations to the parties; and | 17 | | (4) make recommendations to the court upon proper | 18 | | notice and petition. | 19 | | (d) A parenting coordinator is authorized to make specific | 20 | | recommendations regarding the existing parenting plan | 21 | | including, but not limited to: | 22 | | (1) the time, place, and manner for the pick-up or | 23 | | drop-off of the child in relation to each party's | 24 | | designated parenting time or non-parent visitation; | 25 | | (2) disputes regarding the extent and nature of the | 26 | | child's participation in existing educational and |
| | | SB3083 Engrossed | - 3 - | LRB102 19027 LNS 27791 b |
|
| 1 | | extracurricular activities; | 2 | | (3) minor alterations of parenting time or non-parent | 3 | | visitation to accommodate changes in schedule or | 4 | | availability of the child or a party, including make-up | 5 | | time if permitted by a prior court order; and | 6 | | (4) any other specific issues assigned to the | 7 | | parenting coordinator by the court or agreed by the | 8 | | parties which do not exceed the authority under this | 9 | | Section. | 10 | | (e) A parenting coordinator shall not make recommendations | 11 | | as to: | 12 | | (1) The allocation of parental responsibilities for | 13 | | decision-making. | 14 | | (2) The initial allocation of parental | 15 | | responsibilities for parenting time and any allocation of | 16 | | parenting time besides minor alterations described in | 17 | | paragraph (3) of subsection (d). | 18 | | (3) Relocation. | 19 | | (4) Establishing visitation by a non-parent. | 20 | | (f) The parenting coordinator shall provide his or her | 21 | | recommendations in writing to the parties within 14 days of | 22 | | the recommendations. | 23 | | (g) The parties may submit the recommendations to the | 24 | | court for entry as an agreed order. | 25 | | (h) A parenting coordinator is prohibited from serving as | 26 | | a court's professional evaluator pursuant to subsections (b) |
| | | SB3083 Engrossed | - 4 - | LRB102 19027 LNS 27791 b |
|
| 1 | | and (c) of Section 604.10 in any proceeding involving one or | 2 | | more parties for whom the parenting coordinator has provided | 3 | | parenting coordination services. A previously appointed | 4 | | professional evaluator may be appointed a parenting | 5 | | coordinator in the same case only by agreement of the parties | 6 | | and approval of the court. | 7 | | (i) The parties shall pay the parenting coordinator fees | 8 | | as ordered by the court or agreed upon in writing by the | 9 | | parties and the parenting coordinator. The court shall | 10 | | consider the financial resources of the parties and any fee | 11 | | waiver requests pending or which have been granted. | 12 | | (j) The parties shall comply with the recommendations made | 13 | | by the parenting coordinator until and unless the court, after | 14 | | a hearing on the motion and any responses thereto, rules that | 15 | | the recommendations at issue are: | 16 | | (1) in contravention of the child's best interests; or | 17 | | (2) outside the scope of the authority bestowed upon | 18 | | the parenting coordinator under this Section, the | 19 | | applicable local circuit court rule, or the order entered | 20 | | by the court appointing the parenting coordinator. | 21 | | (k) A party may file a motion in the circuit court for | 22 | | review of any recommendations made by the parenting | 23 | | coordinator. The circuit court shall review the | 24 | | recommendations at issue under a de novo standard of review. | 25 | | If a party files a motion for review and the court | 26 | | substantially affirms the recommendations of the parenting |
| | | SB3083 Engrossed | - 5 - | LRB102 19027 LNS 27791 b |
|
| 1 | | coordinator, the court may order the party opposing the | 2 | | recommendations to pay both parties' reasonable attorney's | 3 | | fees and costs incurred in connection with the issue brought | 4 | | before the court if the court finds the motion for review was | 5 | | frivolous. | 6 | | (l) The parenting coordinator shall have access to | 7 | | non-public court records involving the same parties, including | 8 | | orders of protection, civil no contact orders, and stalking no | 9 | | contact orders, if approved by the court. | 10 | | (m) Communications with the parenting coordinator shall | 11 | | not be confidential, except as provided by another law or by | 12 | | court order in a case involving the same parties. | 13 | | (n) No ex parte communication by the parenting coordinator | 14 | | with the court is permitted. | 15 | | (o) A parenting coordinator has the same immunity provided | 16 | | to all other professionals appointed pursuant to Section 506. | 17 | | (p) The Supreme Court may adopt rules governing the | 18 | | qualifications, appointment, duties, and training of parenting | 19 | | coordinators if such rules do not conflict with the minimum | 20 | | requirements that each parenting coordinator: | 21 | | (1) possess a Juris Doctorate or a Master's degree in | 22 | | social work, psychology, or counseling, or a higher or | 23 | | equivalent degree in a related field; | 24 | | (2) have at least 5 years of experience in law, mental | 25 | | health, or a related field; | 26 | | (3) complete an approved course on domestic violence; |
| | | SB3083 Engrossed | - 6 - | LRB102 19027 LNS 27791 b |
|
| 1 | | and | 2 | | (4) attend at least 4 hours per year of continuing | 3 | | education programs which shall address, at a minimum, | 4 | | psychological issues, the needs of children in cases of | 5 | | family separation, and family dynamics. | 6 | | The court may waive the requirements in paragraphs (1) through | 7 | | (4).
|
|