HB-6704, As Passed House, December 7, 2006
November 30, 2006, Introduced by Rep. Adamini and referred to the Committee on Judiciary.
A bill to amend 1956 PA 205, entitled
"The paternity act,"
by amending section 4 (MCL 722.714), as amended by 1998 PA 113.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) An action under this act shall be brought in the
circuit court by the mother, the father, a child who became 18
years of age after August 15, 1984 and before June 2, 1986, or the
family
independence agency department
of human services as
provided in this act. The Michigan court rules for civil actions
apply to all proceedings under this act. A complaint shall be filed
in the county where the mother or child resides. If both the mother
and child reside outside of this state, then the complaint shall be
filed in the county where the putative father resides or is found.
The fact that the child was conceived or born outside of this state
is not a bar to entering a complaint against the putative father.
(2) An action to determine paternity shall not be brought
under this act if the child's father acknowledges paternity under
the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to
722.1013, or if the child's paternity is established under the law
of another state.
(3) An action under this act may be commenced during the
pregnancy of the child's mother or at any time before the child
reaches 18 years of age. For a child who became 18 years of age
after August 15, 1984 and before June 2, 1986, an action under this
act may be commenced before January 1, 1995. This subsection
applies regardless of whether the cause of action accrued before
June 1, 1986 and regardless of whether the cause of action was
barred under this subsection before June 1, 1986. A summons issued
under this section shall be in the form the court determines and
shall be served in the same manner as is provided by court rules
for the service of process in civil actions.
(4)
If the county family independence agency office of the
department of human services of the county in which the mother or
alleged father resides first determines that she or he has physical
possession of the child and is eligible for public assistance or
without
means to employ an attorney; if the
family independence
agency
department of human services
is the complainant; or if the
mother, alleged father, or child is receiving services under part D
of
title IV of the social security act, 42
U.S.C. USC 651
to 667
669b, then the prosecuting attorney or an attorney employed by the
county under section 1 of 1941 PA 15, MCL 49.71, shall initiate and
conduct proceedings under this act. The prosecuting attorney shall
utilize
the child support formula developed
under section 19 of
the
friend of the court act, 1982 PA 294, MCL 552.519 pursuant to
the child support formula commission act, as a guideline in
petitioning for child support. A complaint filed under this act
shall be verified by oath or affirmation.
(5) The party filing the complaint shall name the person
believed to be the father of the child and state in the complaint
the time and place, as near as possible, when and where the mother
became
pregnant. If the family independence agency department of
human services is the plaintiff, the required facts shall be stated
upon information and belief.
(6) Upon the filing of a complaint, the court shall issue a
summons against the named defendant. If the defendant does not file
and serve a responsive pleading as required by the court rules, the
court may enter a default judgment. Neither party is required to
testify before entry of a default judgment in a proceeding under
this act.
(7) If, after service of process, the parties fail to consent
to an order naming the man as the child's father as provided in
this act within the time permitted for a responsive pleading, then
the family
independence agency department
of human services or
its designee may file and serve both the mother and the alleged
father with a notice requiring that the mother, alleged father, and
child appear for genetic paternity testing as provided in section
6.
(8) If the mother, alleged father, or child does not appear
for genetic paternity testing as provided in subsection (7), then
the family
independence agency department
of human services or
its designee may apply to the court for an order compelling genetic
paternity tests as provided in section 6 or may seek other relief
as permitted by statute or court rule.
(9) It is unnecessary in any proceedings under this act
commenced by or against a minor to have a next friend or guardian
ad litem appointed for the minor unless required by the circuit
judge. A minor may prosecute or defend any proceedings in the same
manner and with the same effect as if he or she were of legal age.
(10) If a child born out of wedlock is being supported in
whole or in part by public assistance, including medical
assistance,
the family independence agency department of human
services may file a complaint on behalf of the child in the circuit
court in the county in which the child resides. The mother or
alleged father of the child shall be made a party plaintiff and
notified of the hearing on the complaint by summons. The complaint
made
by the family independence agency department of human
services
shall be verified by the director of
the family
independence
agency department of human
services, or his or her
designated
representative, or by the director of the county family
independence
agency office of the
department of human services of
the county in which an action is brought, or the county director's
designated representative.
(11)
1986 PA 107 , which added this subsection, does
not
affect the rights of an indigent defendant in proceedings under
this act as established by decisions of the courts of this state
before June 1, 1986.
(12) If a determination of paternity is made under this act,
the court may enter an order of filiation as provided in section 7.
Regardless of who commences an action under this act, an order of
filiation entered under this act has the same effect, is subject to
the same provisions, and is enforced in the same manner as an order
of filiation entered on complaint of the mother or father.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6698(request no.
03402'05).
(b) Senate Bill No.____ or House Bill No. 6699(request no.
03402'05 a).