HB-6699, As Passed House, December 7, 2006

HOUSE BILL No. 6699

November 30, 2006, Introduced by Reps. Condino and Bieda and referred to the Committee on Judiciary.

A bill to amend 1982 PA 294, entitled

"Friend of the court act,"

by amending sections 5, 17, 17e, and 19 (MCL 552.505, 552.517,

552.517e, and 552.519), section 5 as amended by 2002 PA 571,

sections 17 and 19 as amended by 2004 PA 207, and section 17e as

added by 1998 PA 63.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

following duties:

(a) To inform each party to the 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 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.

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; 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 child support, custody, or parenting time order, or

for responding to a motion for such a modification, without

assistance of legal counsel. 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 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. 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.

(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~~ pursuant to the child

support formula commission act 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.

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 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).

(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 more than 1 request received from a

party each 36 months.

(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.

(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.

(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.

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

~~by the bureau under section 19~~ pursuant to the child support

formula commission act in calculating the child support award.

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

determined to be necessary unless either of the following applies:

(a) The difference between the existing and projected child

support award is within 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 and amount of the prior

deviation remain unchanged.

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

modification of the support order and shall be filed with the

court.

(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.

(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.

(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. 17e. The office shall utilize guidelines provided in the

child support formula developed ~~by the state friend of the court~~

~~bureau under section 19~~ pursuant to the child support formula

commission act to administratively adjust arrearage payment

schedules. In making an administrative adjustment as authorized by

this subsection, the office shall follow procedures to afford the

payer due process including at least notice, an opportunity for an

administrative hearing, and an opportunity for an appeal on the

record to an independent administrative or judicial tribunal.

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 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 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, 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.

(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 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 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 child

support, custody, or parenting time order, or in responding to a

motion for modification without the assistance of legal counsel.

(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.

(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