June 26, 2008, Introduced by Senators JACOBS and JANSEN and referred to the Committee on Families and Human Services.
A bill to amend 1956 PA 205, entitled
"The paternity act,"
by amending sections 4 and 19a (MCL 722.714 and 722.729a), section
4 as amended by 1998 PA 113 and section 19a as added by 1999 PA
157; and to repeal acts and parts of acts.
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 That the child was conceived or born outside of this
state
is not a bar to entering filing
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 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. By written agreement of the chief judge
of the circuit court, the prosecuting attorney for the county, and
the county board of commissioners, the friend of the court may be
designated to perform the duties designated under this act to be
performed by the prosecuting attorney. The agreement shall provide
that if the case becomes contested, the prosecuting attorney, a
designated assistant prosecuting attorney, or an attorney employed
by the county under section 1 of 1941 PA 15, MCL 49.71, shall
perform duties involving appearances in court. The prosecuting
attorney or the friend of the court shall utilize the child support
formula developed under section 19 of the friend of the court act,
1982 PA 294, MCL 552.519, 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 a complaint under
this section 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 under this section, 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 to an action
under this act 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 under this section 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 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 may
be enforced in the same manner as
an order of filiation entered on complaint of the mother or father.
Sec.
19a. The department, the SDU, and each office of the
friend
of the court shall cooperate in the transition to the
centralized
receipt The SDU is
responsible for the collection and
disbursement
of support. and fees. An
office of the friend of the
court
shall may continue to receive and disburse support and
fees.
through
the transition, based on the schedule developed as required
by
section 6 of the office of child support act, 1971 PA 174, MCL
400.236,
and modifications to that schedule as the department
considers
necessary.
Enacting section 1. Section 19 of the paternity act, 1956 PA
205, MCL 722.729, is repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 1427
of the 94th Legislature is enacted into law.