Bill Text: MI SB0518 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Family law; friend of the court; reference to the uniform interstate family support act (UIFSA); update. Amends sec. 2 of 1982 PA 294 (MCL 552.502). TIE BAR WITH: HB 4742'15
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-12-31 - Assigned Pa 0253'15 With Immediate Effect [SB0518 Detail]
Download: Michigan-2015-SB0518-Chaptered.html
Act No. 253
Public Acts of 2015
Approved by the Governor
December 23, 2015
Filed with the Secretary of State
December 23, 2015
EFFECTIVE DATE: January 1, 2016
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2015
Introduced by Senators MacGregor and Emmons
ENROLLED SENATE BILL No. 518
AN ACT to amend 1982 PA 294, entitled “An act to revise and consolidate the laws relating to the friend of the court; to provide for the appointment or removal of the friend of the court; to create the office of the friend of the court; to establish the rights, powers, and duties of the friend of the court and the office of the friend of the court; to establish a state friend of the court bureau and to provide the powers and duties of the bureau; to prescribe powers and duties of the circuit court and of certain state and local agencies and officers; to establish friend of the court citizen advisory committees; to prescribe certain duties of certain employers and former employers; and to repeal acts and parts of acts,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233.
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) “Bureau” means the state friend of the court bureau created in section 19.
(c) “Centralizing enforcement” means the process authorized under section 10 of the office of child support act, 1971 PA 174, MCL 400.240.
(d) “Chief judge” means the following:
(i) The circuit judge in a judicial circuit having only 1 circuit judge.
(ii) The chief judge of the circuit court in a judicial circuit having 2 or more circuit judges.
(e) “Citizen advisory committee” means a citizen friend of the court advisory committee established as provided in section 4.
(f) “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, 15 USC 1681a.
(g) “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) “Court” means the circuit court.
(i) “Current employment” means employment within 1 year before a friend of the court request for information.
(j) “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) “De novo hearing” means a new judicial consideration of a matter previously heard by a referee.
(l) “Department” means the department of health and human services.
(m) “Domestic relations matter” means a circuit court proceeding as to child custody, parenting time, 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) 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) The revised uniform reciprocal enforcement of support act, 1952 PA 8, MCL 780.151 to 780.183.
(vii) The uniform interstate family support act (2015).
(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.
(p) “Income” means that term as defined in section 2 of the support and parenting time enforcement act, MCL 552.602.
Enacting section 1. This amendatory act takes effect January 1, 2016.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 4742 of the 98th Legislature is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
