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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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