488.2300. Family services and justice fund established, where--purpose--surcharge, collection, payment--fundings for enhanced services, conditions--reimbursement for costs of salaries. - Missouri Statutes

Family services and justice fund established,where--purpose--surcharge, collection, payment--fundings forenhanced services, conditions--reimbursement for costs ofsalaries.

488.2300. 1. A "Family Services and Justice Fund" is herebyestablished in each county or circuit with a family court, for the purposeof aiding with the operation of the family court divisions and servicesprovided by those divisions. In circuits or counties having a familycourt, the circuit clerk shall charge and collect a surcharge of thirtydollars in all proceedings falling within the jurisdiction of the familycourt. The surcharge shall not be charged when no court costs areotherwise required, shall not be charged against the petitioner for actionsfiled pursuant to the provisions of chapter 455, RSMo, but may be chargedto the respondent in such actions, shall not be charged to a governmentagency and shall not be charged in any proceeding when costs are waived orare to be paid by the state, county or municipality.

2. In juvenile proceedings under chapter 211, RSMo, a judgment of upto thirty dollars may be assessed against the child, parent or custodian ofthe child, in addition to other amounts authorized by law, in informaladjustments made under the provisions of sections 211.081 and 211.083,RSMo, and in an order of disposition or treatment under the provisions ofsection 211.181, RSMo. The judgment may be ordered paid to the clerk ofthe circuit where the assessment is imposed.

3. All sums collected pursuant to this section and section 487.140,RSMo, shall be payable to the various county family services and justicefunds.

4. Any moneys in the family services and justice fund not expendedfor salaries of commissioners, family court administrators and family courtstaff shall be used toward funding the enhanced services provided as aresult of the establishment of a family court; however, it shall notreplace or reduce the current and ongoing responsibilities of the countiesto provide funding for the courts as required by law. Moneys collected forthe family services and justice fund shall be expended for the benefit oflitigants and recipients of services in the family court, with prioritygiven to services such as guardians ad litem, mediation, counseling, homestudies, psychological evaluation and other forms of alternativedispute-resolution services. Expenditures shall be made at the discretionof the presiding judge or family court administrative judge, as designatedby the circuit and associate circuit judges en banc, for the implementationof the family court system as set forth in this section. No moneys fromthe family services and justice fund may be used to pay for mediation inany cause of action in which domestic violence is alleged.

5. From the funds collected pursuant to this section and retained inthe family services and justice fund, each circuit or county in which afamily court commissioner in addition to those commissioners existing asjuvenile court commissioners on August 28, 1993, have been appointedpursuant to sections 487.020 to 487.040, RSMo, shall pay to and reimbursethe state for the actual costs of that portion of the salaries of familycourt commissioners appointed pursuant to the provisions of sections487.020 to 487.040, RSMo.

6. No moneys deposited in the family services and justice fund may beexpended for capital improvements.

(L. 1993 H.B. 346 § 13, A.L. 1994 S.B. 595, A.L. 1995 S.B. 347, A.L. 1996 S.B. 869, A.L. 2000 S.B. 1002 Revision, A.L. 2003 H.B. 613, A.L. 2008 H.B. 1570)

CROSS REFERENCE:

Surcharge in certain counties may be paid into family service and justice fund (Greene County), RSMo 488.429