May 22, 2007, Introduced by Senator WHITMER and referred to the Committee on Families and Human Services.
A bill to amend 1982 PA 294, entitled
"Friend of the court act,"
by amending section 5 (MCL 552.505), as amended by 2002 PA 571.
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.
(c) To provide an informational pamphlet, in accordance with
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 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.
(3) The office of the friend of the court may provide the
informational pamphlet required by subsection (1)(c) to a party by
electronic means if the party chooses to receive the pamphlet in
that manner.