HOUSE BILL No. 4656


     April 22, 1997, Introduced by Reps. Dalman, McNutt, Gernaat, Nye, Walberg, Raczkowski, Goschka, Horton, Jansen, Olshove, Varga, Cassis, McManus, Crissman, Birkholz, Johnson and Perricone and referred to the Committee on Judiciary.


        A bill to amend 1982 PA 294, entitled

   "Friend of the court act,"

   by amending section 19 (MCL 552.519), as amended by 1996 PA 366.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

 2    ated within the state court administrative office, under the

 3    supervision and direction of the supreme court.

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

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

 6         (a) Develop and recommend guidelines for conduct, opera-

 7    tions, and procedures of the office and its employees, including,

 8    but not limited to, the following:

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

10    perform domestic relations mediation functions, investigation and




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 1    recommendation functions, referee functions, enforcement

 2    functions, and clerical functions.

 3         (ii) Orientation programs for clients of the office.

 4         (iii) Public educational programs regarding domestic rela-

 5    tions law and community resources, including financial and other

 6    counseling, and employment opportunities.

 7         (iv) Procedural changes in response to the type of griev-

 8    ances received by an office.

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

10    distributed to each office.

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

12    child support amount and health care obligation.  The formula

13    shall be based upon the needs of the child and the actual

14    resources of each parent.  The formula shall establish a minimum

15    threshold for modification of a child support amount.  The for-

16    mula shall consider the child care and dependent health care cov-

17    erage costs of each parent.

18         (vii) A FORMULA TO BE USED IN ESTABLISHING AND MODIFYING A

19    SPOUSAL SUPPORT AMOUNT.  THE FORMULA SHALL BE BASED UPON AND

20    INCLUDE CONSIDERATION OF ALL OF THE FOLLOWING:

21         (A) THE NEEDS OF THE RECIPIENT SPOUSE, INCLUDING HEALTH CARE

22    EXPENSES.

23         (B) THE RELATIVE NEEDS AND EARNING ABILITY OF EACH SPOUSE.

24         (C) THE AMOUNT OF CHILD SUPPORT THE PAYER IS OBLIGATED TO

25    PAY FOR 1 OR MORE CHILDREN INVOLVED IN THE SAME ACTION.

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

27    domestic relations mediators, and employees of the office to



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 1    better enable them to carry out the duties described in this act

 2    and supreme court rules.

 3         (c) Gather and monitor relevant statistics.

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

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

 6    grievances are resolved or outstanding.  The report shall be

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

 8    made available to the public.  The annual report required by this

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

10    following:

11         (i) An evaluative summary, supplemented by applicable quan-

12    titative data, of the activities and functioning of each citizen

13    advisory committee during the preceding year.

14         (ii) An evaluative summary, supplemented by applicable quan-

15    titative data, of the activities and functioning of the aggregate

16    of all citizen advisory committees in the state during the pre-

17    ceding year.

18         (iii) An identification of problems that impede the effi-

19    ciency of the activities and functioning of the citizen advisory

20    committees and the satisfaction of the users of the committees'

21    services.

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

23    in determining whether or not parenting time has been wrongfully

24    denied by the custodial parent.

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

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

27    another in situations considered appropriate by the bureau.



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 1         (g) Certify domestic relations mediation training programs

 2    as provided in section 13.

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

 4    without compensation except as provided in subsection (4), com-

 5    posed of the following members, each of whom is a member of a

 6    citizen advisory committee:

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

 8    of the friend of the court.

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

10    Michigan and whose practices are primarily domestic relations

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

12         (iii) Three human service professionals,  who provide  EACH

13    OF WHOM HAS A POSTGRADUATE DEGREE, IS LICENSED OR REGISTERED BY

14    THIS STATE, AND PROVIDES family counseling.

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

16    and implementing a statewide information system as provided in

17    the office of child support act,  Act No. 174 of the Public Acts

18     of 1971, being sections 400.231 to 400.235 of the Michigan

19     Compiled Laws  1971 PA 174, MCL 400.231 TO 400.235.

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

21    office of the friend of the court in determining the appropriate-

22    ness in individual cases of the following:

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

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

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

26    income tax refund.





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

 2    court with all of the following:

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

 4    vidual in requesting the court to modify his or her child sup-

 5    port, custody, or parenting time order, or in responding to a

 6    motion for modification without the assistance of legal counsel.

 7         (ii) Instructions on preparing and filing the forms,

 8    instructions on service of process, and instructions on schedul-

 9    ing a support, custody, or parenting time modification hearing.

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

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

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

13    instructions within the office and in statements of account pro-

14    vided as required in section 9.

15         (4) The state advisory committee established under subsec-

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

17    duties under this section.  The bureau shall make a state

18    advisory committee report or recommendation available to the

19    public.  State advisory committee members shall be reimbursed for

20    their expenses for mileage, meals, and, if necessary, lodging,

21    under the schedule for reimbursement established annually by the

22    legislature.  A state advisory committee meeting is open to the

23    public.  A  THE STATE ADVISORY COMMITTEE SHALL GIVE A member of

24    the public attending a  state advisory committee  meeting  shall

25     be given  a reasonable opportunity to address the committee on

26    any issue under THE COMMITTEE'S consideration.  by the

27     committee.  If a vote is to be taken,  by  the state advisory



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 1    committee  ,  SHALL GIVE THE PUBLIC the opportunity to address

 2    the committee  shall be given  before the vote is taken.

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

 4    the court for assistance in performing the duties imposed in this

 5    section.

 6         Enacting section 1.  This amendatory act takes effect

 7    January 1, 1998.










































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