Bill Text: MI HB4795 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Family law; paternity; inclusion of personal identifying information in order of filiation; prohibit unless required by law. Amends sec. 2 of 1956 PA 205 (MCL 722.712).

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2009-04-21 - Printed Bill Filed 04/03/2009 [HB4795 Detail]

Download: Michigan-2009-HB4795-Introduced.html

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HOUSE BILL No. 4795

 

April 2, 2009, Introduced by Reps. Kennedy, Byrum, Haase, Huckleberry, Scripps, Terry Brown, Geiss, Donigan, Durhal, Bauer, Haugh, Leland, Segal and Meadows and referred to the Committee on Judiciary.

 

     A bill to amend 1956 PA 205, entitled

 

"The paternity act,"

 

by amending section 2 (MCL 722.712), as amended by 2004 PA 253.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) The parents of a child born out of wedlock are

 

liable for the necessary support and education of the child. They

 

are also liable for the child's funeral expenses. Subject to

 

subsections (2) and (3), based on each parent's ability to pay and

 

on any other relevant factor, the court may apportion, in the same

 

manner as medical health care expenses of the child are divided

 

under the child support formula developed under section 19 of the

 

friend of the court act, 1982 PA 294, MCL 552.519, the reasonable

 

and necessary expenses of the mother's confinement and expenses in

 

connection with her pregnancy between the parents and require the

 

parent who did not pay the expense to pay his or her share of the

 

expense to the other parent. At the request of a person other than

 

a parent who has paid the expenses of the mother's confinement or

 

expenses in connection with her pregnancy, the court may order a

 

parent against whom the request is made to pay to the person other

 

than a parent the parent's share of the expenses.

 

     (2) If a pregnancy or a complication of a pregnancy has been

 

determined in another proceeding to have been the result of either

 

a physical or sexual battery by a party to the case, the court

 

shall apportion these expenses to the party who was the perpetrator

 

of the battery.

 

     (3) If medicaid has paid the confinement and pregnancy

 

expenses of a mother under this section, the court shall not

 

apportion confinement and pregnancy expenses to the mother. After

 

the effective date of the amendatory act that added this subsection

 

October 1, 2004, based on the father's ability to pay and any other

 

relevant factor, the court may apportion not more than 100% of the

 

reasonable and necessary confinement and pregnancy costs to the

 

father. If medicaid has not paid the confinement and pregnancy

 

expenses of the mother under this section, the court shall require

 

an itemized bill for the expenses upon request from the father

 

before an apportionment is made.

 

     (4) The court order shall provide that if the father marries

 

the mother after the birth of the child and provides documentation

 

of the marriage to the friend of the court, the father's obligation

 

for payment of any remaining unpaid confinement and pregnancy

 

expenses is abated subject to reinstatement after notice and

 

hearing for good cause shown, including, but not limited to,

 

dissolution of the marriage. The remaining unpaid amount of the

 

confinement and pregnancy expenses owed by the father is abated as

 

of the date that documentation of the marriage is provided to the

 

friend of the court.

 

     (5) Each An order for the payment of confinement and pregnancy

 

expenses order entered by the a court on or before the effective

 

date of the amendatory act that added this subsection October 2,

 

2004 shall be considered by operation of law to provide for the

 

abatement of the remaining unpaid confinement and pregnancy

 

expenses if the father marries the mother. and The provisions

 

imputed to an order under this subsection shall be implemented

 

under the same circumstances and enforced in the same manner as for

 

the abatement of confinement and pregnancy expenses provided by

 

included in an order under subsection (4).

 

     (6) The court shall admit in proceedings under this act a bill

 

for funeral expenses, expenses of the mother's confinement, or

 

expenses in connection with the mother's pregnancy, which bill

 

constitutes prima facie evidence of the amount of those expenses,

 

without third party foundation testimony.

 

     (7) If the father dies, an order of filiation or a judicially

 

approved settlement made before his death is enforceable against

 

his estate in the same manner and way as a divorce decree.

 

     (8) An order of filiation, or any document attached to or

 

filed in the case file with the order, shall not contain personal

 

identifying information, unless specifically required by state or

 

federal law, rule, or regulation or by a court order or rule. This

 

section does not affect an obligation of a person to provide

 

personal identifying information to the friend of the court or

 

another person.

 

     (9) The court may order that an order of filiation or document

 

that does not comply with subsection (8) be filed in the case file

 

if the personal identifying information is redacted.

 

     (10) (8) As used in this section: , "medicaid"

 

     (a) "Medicaid" means the medical assistance program

 

administered by the this state under section 105 of the social

 

welfare act, 1939 PA 280, MCL 400.105.

 

     (b) "Personal identifying information" means that term as

 

defined in section 3 of the identity theft protection act, 2004 PA

 

452, MCL 445.63, except that personal identifying information does

 

not include a person's name or address.