HB-4522, As Passed House, June 11, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4522

     A bill to amend 1956 PA 205, entitled

"The paternity act,"

by amending section 2 (MCL 722.712), as amended by 2004 PA 253.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. (1) The parents of a child born out of wedlock are

liable for the necessary support and education of the child. They

are also liable for the child's funeral expenses. Subject to

subsections (2) and (3), based on each parent's ability to pay and

on any other relevant factor, the court may apportion, in the same

manner as medical expenses of the child are divided under the child

support formula, the reasonable and necessary expenses of the

mother's confinement and expenses in connection with her pregnancy

between the parents and require the parent who did not pay the

expense to pay his or her share of the expense to the other parent.

At the request of a person other than a parent who has paid the

expenses of the mother's confinement or expenses in connection with

her pregnancy, the court may order a parent against whom the

request is made to pay to the person other than a parent the

parent's share of the expenses.

     (2) If a pregnancy or a complication of a pregnancy has been

determined in another proceeding to have been the result of either

a physical or sexual battery by a party to the case, the court

shall apportion these expenses to the party who was the perpetrator

of the battery.

     (3) If medicaid has paid the confinement and pregnancy

expenses of a mother under this section, the court shall not

apportion confinement and pregnancy expenses to the mother. After

the effective date of the amendatory act that added this subsection

October 1, 2004, based on the father's ability to pay and any other

relevant factor, the court may apportion not more than 100% of the

reasonable and necessary confinement and pregnancy costs to the

father. If medicaid has not paid the confinement and pregnancy

expenses of the mother under this section, the court shall require

an itemized bill for the expenses upon request from the father

before an apportionment is made.

     (4) The court order shall provide that if the father marries

the mother after the birth of the child and provides documentation

of the marriage to the friend of the court, the father's obligation

for payment of any remaining unpaid confinement and pregnancy

expenses is abated subject to reinstatement after notice and

hearing for good cause shown, including, but not limited to,

dissolution of the marriage. The remaining unpaid amount of the

confinement and pregnancy expenses owed by the father is abated as

of the date that documentation of the marriage is provided to the

friend of the court.

     (5) Each confinement and pregnancy expenses order entered by

the court on or before the effective date of the amendatory act

that added this subsection October 1, 2004 shall be considered by

operation of law to provide for the abatement of the remaining

unpaid confinement and pregnancy expenses if the father marries the

mother and shall be implemented under the same circumstances and

enforced in the same manner as for the abatement of confinement and

pregnancy expenses provided by subsection (4).

     (6) The court shall admit in proceedings under this act a bill

for funeral expenses, expenses of the mother's confinement, or

expenses in connection with the mother's pregnancy, which bill

constitutes prima facie evidence of the amount of those expenses,

without third party foundation testimony.

     (7) If the father dies, an order of filiation or a judicially

approved settlement made before his death is enforceable against

his estate in the same manner and way as a divorce decree.

     (8) An order of filiation, or any document attached to or

filed in the case file with the order, shall not contain personal

identifying information, unless specifically required by state or

federal law, rule, or regulation or by a court order or rule. This

section does not affect an obligation of a person to provide

personal identifying information to the friend of the court or

another person.

     (9) The court may order that an order of filiation or document

that does not comply with subsection (8) be filed in the case file

if the personal identifying information is redacted.

(10) (8) As used in this section: , "medicaid"

     (a) "Medicaid" means the medical assistance program

administered by the state under section 105 of the social welfare

act, 1939 PA 280, MCL 400.105.

     (b) "Personal identifying information" means that term as

defined in section 3 of the identity theft protection act, 2004 PA

452, MCL 445.63, except that personal identifying information does

not include a person's name or address.