Bill Text: MI SB0099 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Family law; friend of the court; friend of the court act; make miscellaneous revisions. Amends secs. 2, 2a, 5, 5a, 9a, 11a, 13, 15, 17, 17b, 19, 27 & 28 of 1982 PA 294 (MCL 552.502 et seq.). TIE BAR WITH: HB 5501'09, HB 5502'09, SB 0101'09, SB 0104'09

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2009-12-31 - Assigned Pa 0233'09 With Immediate Effect [SB0099 Detail]

Download: Michigan-2009-SB0099-Engrossed.html

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SB-0099, As Passed Senate, February 10, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 99

 

 

January 28, 2009, Introduced by Senators JANSEN and HARDIMAN and referred to the Committee on Families and Human Services.

 

 

 

     A bill to amend 1982 PA 294, entitled

 

"Friend of the court act,"

 

by amending sections 2, 2a, 5, 5a, 9a, 11a, 13, 15, 17, 17b, 19,

 

27, and 28 (MCL 552.502, 552.502a, 552.505, 552.505a, 552.509a,

 

552.511a, 552.513, 552.515, 552.517, 552.517b, 552.519, 552.527,

 

and 552.528), sections 2 and 2a as amended by 2004 PA 210, sections

 

5, 13, and 15 as amended and section 5a as added by 2002 PA 571,

 

section 9a as added by 1999 PA 150, section 11a as added by 2002 PA

 

569, sections 17, 17b, and 19 as amended by 2004 PA 207, and

 

section 28 as added by 1996 PA 365.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Alternative dispute resolution" means a process

 

established under section 13 by which the parties are assisted in

 

voluntarily formulating an agreement to resolve a dispute

 

concerning child custody or parenting time that arises from a

 

domestic relations matter.

 

     (b) (a) "Bureau" means the state friend of the court bureau

 

created in section 19.

 

     (c) (b) "Centralizing enforcement" means the process

 

authorized under section 10 of the office of child support act,

 

1971 PA 174, MCL 400.240.

 

     (d) (c) "Chief judge" means the following:

 

     (i) The circuit judge in a judicial circuit having only 1

 

circuit judge.

 

     (ii) Except in the county of Wayne, the The chief judge of the

 

circuit court in a judicial circuit having 2 or more circuit

 

judges.

 

     (iii) In the county of Wayne, the executive chief judge of the

 

circuit court in the third judicial circuit.

 

     (e) (d) "Citizen advisory committee" means a citizen friend of

 

the court advisory committee established as provided in section 4.

 

     (f) (e) "Consumer reporting agency" means a person that, for

 

monetary fees or dues, or on a cooperative nonprofit basis,

 

regularly engages in whole or in part in the practice of assembling

 

or evaluating consumer credit information or other information on

 

consumers for the purpose of furnishing consumer reports to third

 

parties, and that uses any means or facility of interstate commerce

 

for the purpose of preparing or furnishing consumer reports. As

 

used in this subdivision, "consumer report" means that term as

 

defined in section 603 of the fair credit reporting act, title VI

 

of the consumer credit protection act, Public Law 90-321, 15 USC

 

1681a.

 

     (g) (f) "County board" means the county board of commissioners

 

in the county served by the office. If a judicial circuit includes

 

more than 1 county, action required to be taken by the county board

 

means action by the county boards of commissioners for all counties

 

composing that circuit.

 

     (h) (g) "Court" means the circuit court.

 

     (i) (h) "Current employment" means employment within 1 year

 

before a friend of the court request for information.

 

     (j) (i) "Custody or parenting time order violation" means an

 

individual's act or failure to act that interferes with a parent's

 

right to interact with his or her child in the time, place, and

 

manner established in the order that governs custody or parenting

 

time between the parent and the child and to which the individual

 

accused of interfering is subject.

 

     (k) (j) "De novo hearing" means a new judicial consideration

 

of a matter previously heard by a referee.

 

     (l) (k) "Department" means the family independence agency

 

department of human services.

 

     (m) (l) "Domestic relations matter" means a circuit court

 

proceeding as to child custody, or parenting time, or child

 

support, or spousal support, that arises out of litigation under a

 

statute of this state, including, but not limited to, the

 

following:

 

     (i) 1846 RS 84, MCL 552.1 to 552.45.

 

     (ii) The family support act, 1966 PA 138, MCL 552.451 to

 

552.459.

 

     (iii) Child The child custody act of 1970, 1970 PA 91, MCL

 

722.21 to 722.31.

 

     (iv) 1968 PA 293, MCL 722.1 to 722.6.

 

     (v) The paternity act, 1956 PA 205, MCL 722.711 to 722.730.

 

     (vi) Revised The revised uniform reciprocal enforcement of

 

support act, 1952 PA 8, MCL 780.151 to 780.183.

 

     (vii) Uniform The uniform interstate family support act, 1996

 

PA 310, MCL 552.1101 to 552.1901.

 

     (m) "Domestic relations mediation" means a process by which

 

the parties are assisted by a domestic relations mediator in

 

voluntarily formulating an agreement to resolve a dispute

 

concerning child custody or parenting time that arises from a

 

domestic relations matter.

 

     (n) "Friend of the court" means the person serving under

 

section 21(1) or appointed under section 23 as the head of the

 

office of the friend of the court.

 

     (o) "Friend of the court case" means a domestic relations

 

matter that an office establishes as a friend of the court case as

 

required under section 5a. The term "friend of the court case",

 

when used in a provision of this act, is not effective until on and

 

after December 1, 2002.

 

     (p) "Income" means that term as defined in section 2 of the

 

support and parenting time enforcement act, 1982 PA 295, MCL

 

552.602.

 

     Sec. 2a. As used in this act:

 

     (a) "Medical assistance" means medical assistance as

 

established under title XIX of the social security act, 42 USC 1396

 

to 1396r-6 and 1396r-8 to 1396v.

 

     (b) "Office" and "office of the friend of the court" mean an

 

agency created in section 3.

 

     (c) "Payer" means a person ordered by the circuit court to pay

 

support.

 

     (d) "Public assistance" means cash assistance provided under

 

the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.

 

     (e) "Recipient of support" means the following:

 

     (i) The spouse, if the support order orders spousal support.

 

     (ii) The custodial parent or guardian, if the support order

 

orders support for a minor child or a child who is 18 years of age

 

or older.

 

     (iii) The family independence agency department of human

 

services, if support has been assigned to that department.

 

     (iv) The county, if the minor is in county-supported foster

 

care.

 

     (f) "State advisory committee" means the committee established

 

by the bureau under section 19.

 

     (g) "State disbursement unit" or "SDU" means the entity

 

established in section 6 of the office of child support act, 1971

 

PA 174, MCL 400.236.

 

     (h) "Support" means all of the following:

 

     (i) The payment of money for a child or a spouse ordered by the

 

circuit court, whether the order is embodied in an interim,

 

temporary, permanent, or modified order or judgment. Support may

 

include payment of the expenses of medical, dental, and other

 

health care, child care expenses, and educational expenses.

 

     (ii) The payment of money ordered by the circuit court under

 

the paternity act, 1956 PA 205, MCL 722.711 to 722.730, for the

 

necessary expenses incurred by or for the mother in connection with

 

her confinement, for other expenses in connection with connected to

 

the pregnancy of the mother or the birth of the child, or for the

 

repayment of genetic testing expenses.

 

     (iii) A surcharge under section 3a of the support and parenting

 

time enforcement act, MCL 552.603a.

 

     (i) "Support and parenting time enforcement act" means 1982 PA

 

295, MCL 552.601 to 552.650.

 

     (j) "Support order" means an order entered by the circuit

 

court for the payment of support in a sum certain, whether in the

 

form of a lump sum or a periodic payment.

 

     (k) "Title IV-D" means part D of title IV of the social

 

security act, 42 USC 651 to 655, 656 to 657, 658a to 660, and 663

 

to 669b.

 

     (l) "Title IV-D agency" means that term as defined in section 2

 

of the support and parenting time enforcement act, MCL 552.602.

 

     Sec. 5. (1) Each office of the friend of the court has the

 

following duties:

 

     (a) To inform each party to the a domestic relations matter

 

that, unless 1 of the parties is required to participate in the

 

title IV-D child support program, they may choose not to have the

 

office of the friend of the court administer and enforce

 

obligations that may be imposed in the domestic relations matter.

 

     (b) To inform each party to the a domestic relations matter

 

that, unless 1 of the parties is required to participate in the

 

title IV-D child support program, they may direct the office of the

 

friend of the court to close the friend of the court case that was

 

opened in their domestic relations matter.

 

     (c) To provide an informational pamphlet, in accordance with

 

the model pamphlet developed by the bureau, to each party to a

 

domestic relations matter. The informational pamphlet shall explain

 

the procedures of the court and the office; the duties of the

 

office; the rights and responsibilities of the parties, including

 

notification that each party to the dispute has the right to meet

 

with the individual investigating the dispute before that

 

individual makes a recommendation regarding the dispute; the

 

availability of and procedures used in domestic relations mediation

 

alternative dispute resolution; the availability of human services

 

in the community; the availability of joint custody as described in

 

section 6a of the child custody act of 1970, 1970 PA 91, MCL

 

722.26a; and how to file a grievance regarding the office. The

 

informational pamphlet shall be provided as soon as possible after

 

the filing of a complaint or other initiating pleading. Upon

 

request, a party shall receive an oral explanation of the

 

informational pamphlet from the office.

 

     (d) To make available to an individual form motions,

 

responses, and orders for requesting the court to modify the

 

individual's to be used by a party, without the assistance of legal

 

counsel, in making or responding to a motion for a payment plan

 

under section 5e of the support and parenting time enforcement act,

 

MCL 552.605e, or for the modification of a child support, custody,

 

or parenting time order, or for responding to a motion for such a

 

modification, without assistance of legal counsel including a

 

domicile or residence provision. The office shall make available

 

instructions on preparing and filing each of those forms, and

 

instructions on service of process, and on scheduling a

 

modification hearing.

 

     (e) To inform the parties of the availability of domestic

 

relations mediation alternative dispute resolution if there is a

 

dispute as to child custody or parenting time.

 

     (f) To inform the parents of the availability of joint custody

 

as described in section 6a of the child custody act of 1970, 1970

 

PA 91, MCL 722.26a, if there is a dispute between the parents as to

 

child custody.

 

     (g) To investigate all relevant facts, and to make a written

 

report and recommendation to the parties and to the court,

 

regarding child custody or parenting time, or both, if there is a

 

dispute as to child custody or parenting time, or both, and

 

domestic relations mediation is refused by either party or is

 

unsuccessful, or if ordered to do so by the court. If custody has

 

been established by court order, the court shall order an

 

investigation only if the court first finds that proper cause has

 

been shown or that there has been a change of circumstances. The

 

investigation may include reports and evaluations by outside

 

persons or agencies if requested by the parties or the court, and

 

shall include documentation of alleged facts, if practicable. If

 

requested by a party, an investigation shall include a meeting with

 

the party. A written report and recommendation regarding child

 

custody or parenting time, or both, shall be based upon the factors

 

enumerated in the child custody act of 1970, 1970 PA 91, MCL 722.21

 

to 722.31. Pursuant to standards prescribed by the state court

 

administrative office under the supervision and direction of the

 

supreme court, the office may charge the parties an amount that

 

does not exceed the expenses of the office for conducting the

 

investigation and making the report and recommendation. If the

 

court orders a whole or partial waiver or suspension of fees in the

 

case because of indigency or inability to pay, the office shall not

 

charge the amount or, if applicable, shall reduce the amount. Money

 

collected under this subdivision shall be deposited in the county

 

friend of the court fund created under section 2530 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.2530.

 

     (h) To investigate all relevant facts and to make a written

 

report and recommendation to the parties and their attorneys and to

 

the court regarding child support, if ordered to do so by the

 

court. The written report and recommendation shall be placed in the

 

court file. The investigation may include reports and evaluations

 

by outside persons or agencies if requested by the parties or the

 

court, and shall include documentation of alleged facts, if

 

practicable. If requested by a party, an investigation shall

 

include a meeting with the party. The child support formula

 

developed by the bureau under section 19 shall be used as a

 

guideline in recommending child support. The written report shall

 

include the support amount determined by application of the child

 

support formula and all factual assumptions upon which that support

 

amount is based. If the office of the friend of the court

 

determines from the facts of the case that application of the child

 

support formula would be unjust or inappropriate, the written

 

report shall also include all of the following:

 

     (i) An alternative support recommendation.

 

     (ii) All factual assumptions upon which the alternative support

 

recommendation is based, if applicable.

 

     (iii) How the alternative support recommendation deviates from

 

the child support formula.

 

     (iv) The reasons for the alternative support recommendation.

 

     (2) If a party who requests a meeting during an investigation

 

fails to attend the scheduled meeting without good cause, the

 

investigation may be completed without a meeting with that party.

 

     (3) The friend of the court does not have any duty related to

 

spousal support unless the spousal support is ordered before April

 

1, 2009, the spousal support is to be paid to a party who receives

 

title IV-D services for the enforcement of a child support order,

 

or the court orders the friend of the court to perform duties with

 

respect to the spousal support. The friend of the court may provide

 

services with regard to spousal support in a case in which the

 

friend of the court does not have the duty to do so.

 

     Sec. 5a. (1) Except as required by this section, an office of

 

the friend of the court shall open and maintain a friend of the

 

court case for a domestic relations matter. If there is an open

 

friend of the court case for a domestic relations matter, the

 

office of the friend of the court shall administer and enforce the

 

obligations of the parties to the friend of the court case as

 

provided in this act. If there is not an open friend of the court

 

case for a domestic relations matter, the office of the friend of

 

the court shall not administer or enforce an obligation of a party

 

to the domestic relations matter.

 

     (2) The parties to a domestic relations matter are not

 

required to have a friend of the court case opened or maintained

 

for their domestic relations matter. With their initial pleadings,

 

the parties to a domestic relations matter may file a motion for

 

the court to order the office of the friend of the court not to

 

open a friend of the court case for the domestic relations matter.

 

If the parties to a domestic relations matter file a motion under

 

this subsection, the court shall issue that order unless the court

 

determines 1 or more of the following:

 

     (a) A party to the domestic relations matter is eligible for

 

title IV-D services because of the party's current or past receipt

 

of public assistance.

 

     (b) A party to the domestic relations matter applies for title

 

IV-D services.

 

     (c) A party to the domestic relations matter requests that the

 

office of the friend of the court open and maintain a friend of the

 

court case for the domestic relations matter, even though the party

 

may not be eligible for title IV-D services because the domestic

 

relations matter involves, by way of example and not limitation,

 

only spousal support, child custody, parenting time, or child

 

custody and parenting time.

 

     (d) There exists in the domestic relations matter evidence of

 

domestic violence or uneven bargaining positions and evidence that

 

a party to the domestic relations matter has chosen not to apply

 

for title IV-D services against the best interest of either the

 

party or the party's child.

 

     (e) The parties have not filed with the court a document,

 

signed by each party, that includes a list of the friend of the

 

court services and an acknowledgment that the parties are choosing

 

to do without those services.

 

     (3) If a friend of the court case is not opened for a domestic

 

relations matter, the parties to the domestic relations matter have

 

full responsibility for administration and enforcement of the

 

obligations imposed in the domestic relations matter.

 

     (4) The parties to a friend of the court case may file a

 

motion for the court to order the office of the friend of the court

 

to close their friend of the court case. The court shall issue an

 

order that the office of the friend of the court shall close the

 

friend of the court case unless the court determines 1 or more of

 

the following:

 

     (a) A party to the friend of the court case objects.

 

     (b) A party to the friend of the court case is eligible for

 

title IV-D services because the party is receiving public

 

assistance.

 

     (c) A party to the friend of the court case is eligible for

 

title IV-D services because the party received public assistance

 

and an arrearage is owed to the governmental entity that provided

 

the public assistance.

 

     (d) The friend of the court case record shows that, within the

 

previous 12 months, a child support arrearage or custody or

 

parenting time order violation has occurred in the case.

 

     (e) Within the previous 12 months, a party to the friend of

 

the court case has reopened a friend of the court case.

 

     (f) There exists in the friend of the court case evidence of

 

domestic violence or uneven bargaining positions and evidence that

 

a party to the friend of the court case has chosen to close the

 

case against the best interest of either the party or the party's

 

child.

 

     (g) The parties have not filed with the court a document,

 

signed by each party, that includes a list of the friend of the

 

court services and an acknowledgment that the parties are choosing

 

to do without those services.

 

     (5) The closure of a friend of the court case does not release

 

a party from the party's obligations imposed in the underlying

 

domestic relations matter. The parties to a closed friend of the

 

court case assume full responsibility for administration and

 

enforcement of obligations imposed in the underlying domestic

 

relations matter.

 

     (6) If a party to the underlying domestic relations matter

 

wants to ensure that child support payments made after a friend of

 

the court case is closed will be taken into account in any possible

 

future office of the friend of the court enforcement action, the

 

child support payments must be made through the SDU. If the parties

 

choose to continue to have child support payments made through the

 

SDU, the office of the friend of the court shall not close its

 

friend of the court case until each party provides the SDU with the

 

information necessary to process the child support payments

 

required in the underlying domestic relations matter.

 

     (7) If a party to a domestic relations matter for which there

 

is not an open friend of the court case applies for services from

 

the office of the friend of the court or applies for public

 

assistance, the office of the friend of the court shall open or

 

reopen a friend of the court case. If the office of the friend of

 

the court opens or reopens a friend of the court case as required

 

by this subsection, the court shall issue an order in that domestic

 

relations matter that contains the provisions required by this act

 

and by the support and parenting time enforcement act for a friend

 

of the court case. The court may direct the party making the

 

application or the friend of the court to prepare a written order

 

and submit it for approval.

 

     (8) If the parties to a domestic relations matter file a

 

motion under subsection (2) or (4), the friend of the court shall

 

advise the parties in writing as to the services that the office of

 

the friend of the court is not required to provide. The state court

 

administrative office shall develop and make available a form for

 

use by an office of the friend of the court under this subsection

 

and a document for use by parties to a domestic relations matter

 

under subsection (2) or (4).

 

     (9) For purposes of this section, a party receives public

 

assistance if the party receives cash assistance provided under the

 

social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, medical

 

assistance, or food assistance or if foster care is being or was

 

provided to a child who is the subject of the case.

 

     Sec. 9a. The department, the SDU , and each office of the

 

friend of the court shall cooperate in the transition to the

 

centralized receipt is responsible for the centralized receipt and

 

disbursement of support and fees. An office of the friend of the

 

court shall may continue to receive and disburse support and fees.

 

through the transition, based on the schedule developed as required

 

by section 6 of the office of child support act, 1971 PA 174, MCL

 

400.236, and modifications to that schedule as the department

 

considers necessary.

 

     Sec. 11a. (1) A complaint seeking enforcement for payment of a

 

health care expense must include information showing that all of

 

the following conditions have been met:

 

     (a) The parent against whom the complaint is directed is

 

obligated to pay the child's uninsured health care expenses, a

 

demand for payment of the uninsured portion was made to that parent

 

within 28 days after the insurers' final payment or denial of

 

coverage, and that parent did not pay the uninsured portion within

 

28 days after the demand.

 

     (b) If the state court administrative office, under the

 

supervision and direction of the supreme court, establishes a

 

minimum threshold for the enforcement of health care expenses, the

 

health care expense is equal to or greater than the established

 

threshold.

 

     (c) (b) The complaint is submitted to the office on or before

 

any of the following:

 

     (i) One year after the expense was incurred.

 

     (ii) Six months after the insurers' final payment or denial of

 

coverage for the expense, if all measures necessary to submit a

 

claim for the health care expense to all insurers that might be

 

obligated to pay the expense were completed within 2 months after

 

the expense was incurred.

 

     (iii) Six months after a parent defaults in paying for the

 

health care expense as required under a written agreement, signed

 

by both parents, that lists the specific bills covered by the

 

agreement, states the amount to be paid in total, and sets forth

 

the schedule for the payment of that amount, whether by

 

installments or otherwise.

 

     (2) If an office receives a complaint that meets the

 

requirements of subsection (1), the office shall send a copy of the

 

complaint to the parent who is named in the complaint as obligated

 

to pay the child's uninsured health care expenses. The office shall

 

include with the copy of the complaint sent to that parent a notice

 

advising the parent of the provisions of subsection (3).

 

     (3) If, within 21 days after the complaint and notice are sent

 

to a parent under subsection (2), the parent does not file with the

 

office a written objection to the complaint, the amount of the

 

health care expense stated in the complaint becomes a support

 

arrearage and is subject to any enforcement process available to

 

collect a support arrearage. If the parent files a written

 

objection within the 21-day time limit, the office shall set a

 

court hearing, before a judge or referee, to resolve the complaint.

 

     Sec. 13. (1) The In a friend of the court case, the office

 

shall provide, either directly or by contract, domestic relations

 

mediation alternative dispute resolution to assist the parties in

 

settling voluntarily a dispute concerning child custody or

 

parenting time. that arises in a friend of the court case. Parties

 

The alternative dispute resolution shall be provided pursuant to a

 

plan approved by the chief judge and the state court administrative

 

office. The plan shall be consistent with standards established by

 

the state court administrative office under the supervision and

 

direction of the supreme court and shall include minimum

 

qualifications and training requirements for alternative dispute

 

resolution providers and a designation of matters that are subject

 

to alternative dispute resolution by various means. A party shall

 

not be required to meet with a domestic relations mediator person

 

conducting alternative dispute resolution. The service may be

 

provided directly by the office only if such a service is in place

 

on July 1, 1983, if the service is not available from a private

 

source, or if the court can demonstrate that providing the service

 

within the friend of the court office is cost beneficial. Any

 

expansion of existing services provided by the court on July 1,

 

1983 shall be provided by an individual meeting the domestic

 

relations mediator minimum qualifications listed under subsection

 

(4).

 

     (2) If an agreement is reached by the parties through domestic

 

relations mediation friend of the court alternative dispute

 

resolution, a consent order incorporating the agreement shall be

 

prepared by an employee of the office who is a member of the state

 

bar of Michigan; under section 22, by a member of the state bar of

 

Michigan; or by the attorney for 1 of the parties or individual

 

approved by the court using a form provided by the state court

 

administrative office, under the supervision and direction of the

 

supreme court, or approved by the chief judge. The consent order

 

shall be provided to, and shall be entered by, the court.

 

     (3) Except as provided in subsection (2), a communication

 

between a domestic relations mediator friend of the court

 

alternative dispute resolution provider and a party to a domestic

 

relations mediation pertaining to the matter subject to resolution

 

is confidential as provided in court rule. The secrecy of the

 

communication shall be preserved inviolate as a privileged

 

communication. The communication shall not be admitted in evidence

 

in any proceedings. The same protection shall be given to

 

communications between the parties in the presence of the mediator.

 

     (4) An employee of the office or other person who provides

 

alternative dispute resolution services under a plan approved under

 

subsection (1) shall have all of the following qualifications:

 

     (a) Possess knowledge of the court system of this state and

 

the procedures used in domestic relations matters.

 

     (b) Possess knowledge of other resources in the community to

 

which the parties to a domestic relations matter can be referred

 

for assistance.

 

     (c) Other qualifications as prescribed by the state court

 

administrative office under the supervision and direction of the

 

supreme court.

 

     (5) (4) A domestic relations mediator who performs mediation

 

under this act pursuant to a plan approved under subsection (1)

 

shall have all of the following minimum qualifications:

 

     (a) One or more of the following:

 

     (i) A license or a limited license to engage in the practice of

 

psychology under parts 161 and 182 of the public health code, 1978

 

PA 368, MCL 333.16101 to 333.16349 and 333.18201 to 333.18237, or a

 

master's degree in counseling, social work, or marriage and family

 

counseling; and successful completion of the training program

 

provided by the bureau under section 19(3)(b).

 

     (ii) Not less than 5 years of experience in family counseling,

 

preferably in a setting related to the areas of responsibility of

 

the friend of the court and preferably to reflect the ethnic

 

population to be served, and successful completion of the training

 

program provided by the bureau under section 19(3)(b).

 

     (iii) A graduate degree in a behavioral science and successful

 

completion of a domestic relations mediation training program

 

certified by the bureau with not less than 40 hours of classroom

 

instruction and 250 hours of practical experience working under the

 

direction of a person who has successfully completed a program

 

certified by the bureau.

 

     (iv) Membership in the state bar of Michigan and successful

 

completion of the training program provided by the bureau under

 

section 19(3)(b).

 

     (b) Knowledge of the court system of this state and the

 

procedures used in domestic relations matters.

 

     (c) Knowledge of other resources in the community to which the

 

parties to a domestic relations matter can be referred for

 

assistance.

 

     (d) Knowledge of child development, clinical issues relating

 

to children, the effects of divorce on children, and child custody

 

research.

 

     Sec. 15. An employee of the office who performs domestic

 

relations mediation provides alternative dispute resolution in a

 

friend of the court case involving a particular party shall not

 

perform referee functions, investigation and recommendation

 

functions, or enforcement functions as to any domestic relations

 

matter involving that party.

 

     Sec. 17. (1) After a final judgment containing a child support

 

order has been entered in a friend of the court case, the office

 

shall use a procedure provided in section 17b to periodically

 

review the order, as follows:

 

     (a) If a child is being supported in whole or in part by

 

public assistance, not less than once each 36 months unless both of

 

the following apply:

 

     (i) The office receives notice from the department that good

 

cause exists not to proceed with support action.

 

     (ii) Neither party has requested a review.

 

     (b) At the initiative of the office, if there are reasonable

 

grounds to believe that the amount of child support awarded in the

 

judgment should be modified or that dependent health care coverage

 

is available and the support order should be modified to include an

 

order for health care coverage. Reasonable grounds to review an

 

order under this subdivision include temporary or permanent changes

 

in the physical custody of a child that the court has not ordered,

 

increased or decreased need of the child, probable access by an

 

employed parent to dependent health care coverage, or changed

 

financial conditions of a recipient of support or a payer

 

including, but not limited to, application for or receipt of public

 

assistance, unemployment compensation, or worker's compensation; or

 

incarceration or release from incarceration after a criminal

 

conviction and sentencing to a term of more than 1 year. Within 14

 

days after receiving information that a recipient of support or

 

payer is incarcerated or released from incarceration as described

 

in this subsection, the office shall initiate a review of the

 

order. A review initiated by the office under this subdivision does

 

not preclude the recipient of support or payer from requesting a

 

review under subdivision (d).

 

     (c) At the direction of the court.

 

     (b) (d) Upon receipt of a written request from either party.

 

Within 14 days after receipt of the review request, the office

 

shall determine whether the order is due for review. The office is

 

not required to investigate act on more than 1 request received

 

from a party each 36 months.

 

     (c) (e) If a child is receiving medical assistance, not less

 

than once each 36 months unless either of the following applies:

 

     (i) The order requires provision of health care coverage for

 

the child and neither party has requested a review.

 

     (ii) The office receives notice from the family independence

 

agency department of human services that good cause exists not to

 

proceed with support action and neither party has requested a

 

review.

 

     (d) (f) If requested by the initiating state for a recipient

 

of services in that state under title IV-D, not less than once each

 

36 months. Within 14 days after receipt of a review request, the

 

office shall determine whether an order is due for review.

 

     (e) At the direction of the court.

 

     (f) At the initiative of the office, if there are reasonable

 

grounds to believe that the amount of child support awarded in the

 

judgment should be modified or that dependent health care coverage

 

is available and the support order should be modified to include an

 

order for health care coverage. Reasonable grounds to review an

 

order under this subdivision include any of the following:

 

     (i) Temporary or permanent changes in the physical custody of a

 

child that the court has not ordered.

 

     (ii) Increased or decreased need of the child.

 

     (iii) Probable access by an employed parent to dependent health

 

care coverage.

 

     (iv) Changed financial conditions of a recipient of support or

 

a payer, including any of the following:

 

     (A) Application for or receipt of public assistance,

 

unemployment compensation, or worker's compensation.

 

     (B) Incarceration or release from incarceration after a

 

criminal conviction and sentencing to a term of more than 1 year.

 

Within 14 days after receiving information that a recipient of

 

support or payer is incarcerated or released from incarceration as

 

described in this sub-subparagraph, the office shall initiate a

 

review of the order.

 

     (v) That the order was based on incorrect facts.

 

     (2) A review initiated by the office under subsection (1)(f)

 

does not preclude the recipient of support or payer from requesting

 

a review under subsection (1)(b).

 

     (3) (2) Within 180 days after determining that a review is

 

required under subsection (1), the office shall send notices as

 

provided in section 17b, conduct a review, and obtain a

 

modification of the order if appropriate.

 

     (4) (3) The office shall use the child support formula

 

developed by the bureau under section 19 in calculating the child

 

support award under section 17b.

 

     (5) (4) The office shall petition the court if modification is

 

determined to be necessary under section 17b unless either of the

 

following applies:

 

     (a) The difference between the existing and projected child

 

support award is within less than the minimum threshold for

 

modification of a child support amount as established by the

 

formula.

 

     (b) The court previously determined that application of the

 

formula was unjust or inappropriate and the office determines that

 

the facts of the case and the reasons for and amount of the prior

 

deviation remain unchanged.

 

     (6) (5) The notice under section 17b(3) constitutes a petition

 

for modification of the support order and shall be filed with the

 

court.

 

     (7) (6) If the office determines there should be no change in

 

the order and a party objects to the determination in writing to

 

the office within 21 days after the date of the notice provided for

 

in section 17b(3), the office shall schedule a hearing before the

 

court.

 

     (8) (7) If a support order lacks provisions for health care

 

coverage, the office shall petition the court for a modification to

 

require that 1 or both parents obtain or maintain health care

 

coverage for the benefit of each child who is subject to the

 

support order if either of the following is true:

 

     (a) Either parent has health care coverage available, as a

 

benefit of employment, for the benefit of the child at a reasonable

 

cost.

 

     (b) Either parent is self-employed, maintains health care

 

coverage for himself or herself, and can obtain health care

 

coverage for the benefit of the child at a reasonable cost.

 

     (9) (8) The office shall determine the costs to each parent

 

for dependent health care coverage and child care costs and shall

 

disclose those costs in the recommendation under section 17b(3).

 

     Sec. 17b. (1) Child support orders entered after the effective

 

date of the 2004 amendatory act that added subsection (8) June 30,

 

2005 shall be modified according to this section. For each support

 

order entered before the effective date of the 2004 amendatory act

 

that added subsection (8) June 30, 2005, the friend of the court

 

office shall provide notice to the parties of their right to a

 

review under this section as required by federal law. Notices under

 

this subsection may be placed in court orders as allowed by federal

 

law.

 

     (2) The friend of the court office shall initiate proceedings

 

to review support by sending a notice to the parties. The notice

 

shall request information sufficient to allow the friend of the

 

court to review support, state the date the information is due, and

 

advise the parties concerning how the review will be conducted.

 

     (3) After the information in subsection (2) is due, but not

 

sooner than 21 days or later than 120 days after the date the

 

notice is sent, the friend of the court office shall calculate the

 

support amount in accordance with the child support formula and

 

send a notice to each party and his or her attorney, which shall

 

include all of the following:

 

     (a) The amount calculated for support.

 

     (b) The proposed effective date of the support amount.

 

     (c) Substantially the following statement: "Either party may

 

object to the recommended support amount. If no objection is filed

 

within 21 days of the date this notice was mailed, an order will be

 

submitted to the court incorporating the new support amount." The

 

notice also shall inform the parties of how and where to file an

 

objection.

 

     (4) Twenty-one or more days from the date the notice required

 

by subsection (3) is sent, the friend of the court office shall

 

determine if an objection has been filed. If an objection has been

 

filed, the friend of the court shall set the matter for a hearing

 

before a judge or referee or, if the office receives additional

 

information with the objection, it may recalculate the support

 

amount and send out a revised notice in accordance with subsection

 

(3). If no objection is filed, the friend of the court office shall

 

prepare an order. which the The court shall enter the order if it

 

approves of the order.

 

     (5) The friend of the court may schedule a joint meeting

 

between the parties to attempt to expedite resolution of support

 

issues in accordance with the guidelines set forth in developed

 

under section 19(3)(m). The joint meeting and proceedings following

 

the joint meeting are subject to the requirements of section 42a of

 

the support and parenting time enforcement act, MCL 552.642a.

 

     (6) The following provisions apply to support review

 

proceedings under this section:

 

     (a) A recommendation under subsection (3) shall state the

 

calculations upon which the support amount is based. If the friend

 

of the court office recommends a support amount based on imputed

 

income, the recommendation shall also state the amount that would

 

have been recommended based on the actual income of the parties if

 

the actual income of the parties is known. If income is imputed,

 

the recommendation shall recite all factual assumptions upon which

 

the imputed income is based.

 

     (b) The friend of the court office may impute income to a

 

party who fails or refuses to provide information requested under

 

subsection (2).

 

     (c) At a hearing based on an objection to a friend of the

 

court office recommendation, the trier of fact may consider the

 

friend of the court office's recommendation as evidence to prove a

 

fact relevant to the support calculation when if no other evidence

 

is presented concerning that fact, if the parties agree or no

 

objection is made to its use for that purpose.

 

     (7) The court shall not require proof of a substantial change

 

in circumstances to modify a child support order when support is

 

adjusted under section 17(1).

 

     (8) A party may also file a motion to modify support. Upon

 

motion of a party, the court may only modify a child support order

 

upon finding a substantial change in circumstances, including, but

 

not limited to, health care coverage becoming newly available to a

 

party and a change in the support level under section 17(4)(a)

 

17(5)(a).

 

     (9) Notwithstanding any other provisions of this section, the

 

friend of the court office shall conduct a more frequent review of

 

the support order upon presentation by a party of evidence of a

 

substantial change in circumstances as set forth in the child

 

support formula guidelines.

 

     Sec. 19. (1) The state friend of the court bureau is created

 

within the state court administrative office, under the supervision

 

and direction of the supreme court.

 

     (2) The bureau shall have its main office in Lansing.

 

     (3) The bureau shall do all of the following:

 

     (a) Develop and recommend guidelines for conduct, operations,

 

and procedures of the office and its employees, including, but not

 

limited to, the following:

 

     (i) Case load and staffing standards for employees who perform

 

domestic relations mediation alternative dispute resolution

 

functions, investigation and recommendation functions, referee

 

functions, enforcement functions, and clerical functions.

 

     (ii) Orientation programs for clients of the office.

 

     (iii) Public educational programs regarding domestic relations

 

law and community resources, including financial and other

 

counseling, and employment opportunities.

 

     (iv) Procedural changes in response to the type of grievances

 

received by an office.

 

     (v) Model pamphlets and procedural forms, that which shall be

 

distributed to each office.

 

     (vi) A formula to be used in establishing and modifying a child

 

support amount and health care obligation. The formula shall be

 

based upon the needs of the child and the actual resources of each

 

parent. The formula shall establish a minimum threshold for

 

modification of a child support amount. The formula shall consider

 

the child care and dependent health care coverage costs of each

 

parent. The formula shall include guidelines for setting and

 

administratively adjusting the amount of periodic payments for

 

overdue support, including guidelines for adjustment of arrearage

 

payment schedules when the current support obligation for a child

 

terminates and the payer owes overdue support.

 

     (b) Provide training programs for the friend of the court,

 

domestic relations mediators providers of alternative dispute

 

resolution, and employees of the office to better enable them to

 

carry out the duties described in this act and supreme court rules.

 

After September 30, 2002, the training programs shall include

 

training in the dynamics of domestic violence and in handling

 

domestic relations matters that have a history of domestic

 

violence.

 

     (c) Gather and monitor relevant statistics.

 

     (d) Annually issue a report containing a detailed summary of

 

the types of grievances received by each office, and whether the

 

grievances are resolved or outstanding. The report shall be

 

transmitted to the legislature and to each office and shall be made

 

available to the public. The annual report required by this

 

subdivision shall include, but is not limited to, all of the

 

following:

 

     (i) An evaluative summary, supplemented by applicable

 

quantitative data, of the activities and functioning of each

 

citizen advisory committee during the preceding year.

 

     (ii) An evaluative summary, supplemented by applicable

 

quantitative data, of the activities and functioning of the

 

aggregate of all citizen advisory committees in the this state

 

during the preceding year.

 

     (iii) An identification of problems that impede the efficiency

 

of the activities and functioning of the citizen advisory

 

committees and the satisfaction of the users of the committees'

 

services.

 

     (e) Develop and recommend guidelines to be used by an office

 

in determining whether or not parenting time has been wrongfully

 

denied by the custodial parent.

 

     (f) Develop standards and procedures for the transfer of part

 

or all of the responsibilities for a case from one office to

 

another in situations considered appropriate by the bureau.

 

     (g) Certify domestic relations mediation alternative dispute

 

resolution training programs. as provided in section 13.

 

     (h) Establish a 9-person state advisory committee, serving

 

without compensation except as provided in subsection (4), composed

 

of the following members, giving preference to a member of a

 

citizen advisory committee:

 

     (i) Three public members who have had contact with an office of

 

the friend of the court.

 

     (ii) Three attorneys who are members of the state bar of

 

Michigan and whose practices are primarily domestic relations law.

 

Not more than 1 attorney may be a circuit court judge.

 

     (iii) Three human service professionals who provide family

 

counseling.

 

     (i) Cooperate with the office of child support in developing

 

and implementing a statewide information system as provided in the

 

office of child support act, 1971 PA 174, MCL 400.231 to 400.240.

 

     (j) Develop and make available guidelines to assist the office

 

of the friend of the court in determining the appropriateness in

 

individual cases of the following:

 

     (i) Imposing a lien or requiring the posting of a bond,

 

security, or other guarantee to secure the payment of support.

 

     (ii) Implementing the offset of a delinquent payer's state

 

income tax refund.

 

     (k) Develop and provide the office of the friend of the court

 

with all of the following:

 

     (i) Form motions, responses, and orders for use by an

 

individual in requesting the court to modify his or her to be used

 

by a party, without the assistance of legal counsel, in making or

 

responding to a motion for a payment plan under section 5e of the

 

support and parenting time enforcement act, MCL 552.605e, or for

 

the modification of a child support, custody, or parenting time

 

order, or in responding to a motion for modification without the

 

assistance of legal counsel including a domicile or residence

 

provision.

 

     (ii) Instructions on preparing and filing the forms,

 

instructions on service of process, and instructions on scheduling

 

a support, custody, or parenting time modification hearing.

 

     (iii) Guidelines for imputing income for the calculation of

 

child support.

 

     (l) Develop guidelines for, and encourage the use of, plain

 

language within the office of the friend of the court including,

 

but not limited to, the use of plain language in forms and

 

instructions within the office and in statements of account

 

provided as required in section 9.

 

     (m) In consultation with the domestic violence prevention and

 

treatment board created in section 2 of 1978 PA 389, MCL 400.1502,

 

develop guidelines for the implementation of section 41 of the

 

support and parenting time enforcement act, MCL 552.641, that take

 

into consideration at least all of the following regarding the

 

parties and each child involved in a dispute governed by section 41

 

of the support and parenting time enforcement act, MCL 552.641:

 

     (i) Domestic violence.

 

     (ii) Safety of the parties and child.

 

     (iii) Uneven bargaining positions of the parties.

 

     (n) Coordinate the provision of title IV-D services by the

 

friend of the court and cooperate with the office of child support

 

in providing those services.

 

     (4) The state advisory committee established under subsection

 

(3)(h) shall advise the bureau in the performance of its duties

 

under this section. The bureau shall make a state advisory

 

committee report or recommendation available to the public. State

 

advisory committee members shall be reimbursed for their expenses

 

for mileage, meals, and, if necessary, lodging, under the schedule

 

for reimbursement established annually by the legislature. A state

 

advisory committee meeting is open to the public. A member of the

 

public attending a state advisory committee meeting shall be given

 

a reasonable opportunity to address the committee on any issue

 

under consideration by the committee. If a vote is to be taken by

 

the state advisory committee, the opportunity to address the

 

committee shall be given before the vote is taken.

 

     (5) The bureau may call upon each office of the friend of the

 

court for assistance in performing the duties imposed in this

 

section.

 

     Sec. 27. (1) Except as provided in subsections (2) and (3),

 

the The compensation and expenses of the friend of the court for

 

each judicial circuit and of the employees of the office and all

 

operating expenses incurred by the office shall be fixed by the

 

chief judge as provided in section 591 of the revised judicature

 

act of 1961, Act No. 236 of the Public Acts of 1961, being section

 

600.591 of the Michigan Compiled Laws 1961 PA 236, MCL 600.591. The

 

compensation and expenses shall be paid by the county treasurer

 

from the general fund , and the friend of the court fund created

 

under section 2530 of the revised judicature act of 1961, Act No.

 

236 of the Public Acts of 1961, being section 600.2530 of the

 

Michigan Compiled Laws 1961 PA 236, MCL 600.2530, of the county or

 

counties served.

 

     (2) In the third judicial circuit the compensation of the

 

friend of the court and the employees of the state judicial council

 

serving in the third judicial circuit and supervised by the friend

 

of the court shall be paid by the state and shall be fixed as

 

provided in sections 592 and 9104 of the revised judicature act of

 

1961, Act No. 236 of the Public Acts of 1961, being sections

 

600.592 and 600.9104 of the Michigan Compiled Laws. Pursuant to

 

section 595(1) of Act No. 236 of the Public Acts of 1961, being

 

section 600.595 of the Michigan Compiled Laws, the state shall

 

maintain and operate the office of the friend of the court as the

 

successor to the friend of the court appointed under former Act No.

 

412 of the Public Acts of 1919.

 

     (3) In any other judicial circuit in which employees serving

 

in the circuit court are employees of the state judicial council,

 

the compensation of the friend of the court and the employees of

 

the state judicial council serving in that judicial circuit and

 

supervised by the friend of the court shall be paid by the state

 

and shall be fixed as provided in section 9104 of the revised

 

judicature act of 1961, Act No. 236 of the Public Acts of 1961.

 

     Sec. 28. Each office of the friend of the court shall compile

 

data as required by the state court administrative office, under

 

the supervision and direction of the supreme court. on the number

 

and type of complaints regarding support and parenting time. The

 

data shall include, but need not be limited to, the number of cases

 

in which a party fails to appear at a show cause hearing and the

 

number of cases in which a bench warrant is issued for failure to

 

appear. The data compiled under this section shall be transmitted

 

at least annually in a report to the office of the state court

 

administrator. The following specific information shall also be

 

compiled:

 

     (a) The number of state or federal income tax intercepts

 

subsequently found to be based on inaccurate information or

 

employee error.

 

     (b) The number of support orders modified due to inaccurate

 

information or employee error.

 

     (c) The number of grievances filed in a calendar year, the

 

nature of each grievance, the judicial response to each grievance,

 

and any sanction imposed as a result of each grievance.

 

     (d) The number of custody recommendations recommending

 

physical custody to the mother, the father, or a third party.

 

     (e) The number of makeup parenting time petitions filed, the

 

number of hearings held on makeup parenting time petitions, the

 

number of instances makeup parenting time is ordered, and the

 

amount of makeup parenting time that is ordered.

 

     (f) The number of reviews completed in a calendar year.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 101.                                   

 

           

 

     (b) Senate Bill No. 104.