Bill Text: MI HB4305 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Family law: marriage and divorce; health care coverage for child in divorce judgment; clarify. Amends secs. 2, 2a, 17 & 19 of 1982 PA 294 (MCL 552.502 et seq.). TIE BAR WITH: HB 4304'19
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-26 - Assigned Pa 17'19 With Immediate Effect [HB4305 Detail]
Download: Michigan-2019-HB4305-Engrossed.html
HB-4305, As Passed House, May 7, 2019
SUBSTITUTE FOR
HOUSE BILL NO. 4305
A bill to amend 1982 PA 294, entitled
"Friend of the court act,"
by amending sections 2, 2a, 17, and 19 (MCL 552.502, 552.502a,
552.517, and 552.519), section 2 as amended by 2015 PA 253 and
sections 2a, 17, and 19 as amended by 2009 PA 233.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Alternative dispute resolution" means a process
established under section 13 by which the parties are assisted in
voluntarily formulating an agreement to resolve a dispute
concerning child custody or parenting time that arises from a
domestic relations matter.
(b) "Bureau" means the state friend of the court bureau
created in section 19.
(c) "Centralizing enforcement" means the process authorized
under section 10 of the office of child support act, 1971 PA 174,
MCL 400.240.
(d) "Chief judge" means the following:
(i) The circuit judge in a judicial circuit having only 1
circuit judge.
(ii) The chief judge of the circuit court in a judicial
circuit having 2 or more circuit judges.
(e) "Citizen advisory committee" means a citizen friend of the
court advisory committee established as provided in section 4.
(f) "Consumer reporting agency" means a person that, for
monetary fees or dues, or on a cooperative nonprofit basis,
regularly engages in whole or in part in the practice of assembling
or evaluating consumer credit information or other information on
consumers for the purpose of furnishing consumer reports to third
parties, and that uses any means or facility of interstate commerce
for the purpose of preparing or furnishing consumer reports. As
used in this subdivision, "consumer report" means that term as
defined in section 603 of the fair credit reporting act, 15 USC
1681a.
(g) "County board" means the county board of commissioners in
the county served by the office. If a judicial circuit includes
more than 1 county, action required to be taken by the county board
means action by the county boards of commissioners for all counties
composing that circuit.
(h) "Court" means the circuit court.
(i) "Current employment" means employment within 1 year before
a friend of the court request for information.
(j) "Custody or parenting time order violation" means an
individual's act or failure to act that interferes with a parent's
right to interact with his or her child in the time, place, and
manner established in the order that governs custody or parenting
time between the parent and the child and to which the individual
accused of interfering is subject.
(k) "De novo hearing" means a new judicial consideration of a
matter previously heard by a referee.
(l) "Department" means the department of health and human
services.
(m) "Domestic relations matter" means a circuit court
proceeding as to child custody, parenting time, child support, or
spousal support, that arises out of litigation under a statute of
this state, including, but not limited to, the following:
(i) 1846 RS 84, MCL 552.1 to 552.45.
(ii) The family support act, 1966 PA 138, MCL 552.451 to
552.459.
(iii) The child custody act of 1970, 1970 PA 91, MCL 722.21 to
722.31.
(iv) 1968 PA 293, MCL 722.1 to 722.6.
(v) The paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(vi) The revised uniform reciprocal enforcement of support
act, 1952 PA 8, MCL 780.151 to 780.183.
(vii) The uniform interstate family support act, (2015).2015
PA 255, MCL 552.2101 to 552.2905.
(n) "Friend of the court" means the person serving under
section 21(1) or appointed under section 23 as the head of the
office of the friend of the court.
(o) "Friend of the court case" means a domestic relations
matter that an office establishes as a friend of the court case as
required under section 5a.
(p) "Health care coverage" means a fee for service, health
maintenance organization, preferred provider organization, or other
type of private health care coverage or public health care
coverage.
(q) (p)
"Income" means that term
as defined in section 2 of
the support and parenting time enforcement act, MCL 552.602.
Sec. 2a. As used in this act:
(a) "Medical assistance" means medical assistance as
established under title XIX of the social security act, 42 USC 1396
to
1396v.1396w-5.
(b) "Office" and "office of the friend of the court" mean an
agency created in section 3.
(c) "Office of child support" means the office of child
support created in section 2 of the office of child support act,
1971 PA 174, MCL 400.232.
(d) (c)
"Payer" means a person
ordered by the circuit court to
pay support.
(e) "Private health care coverage" means health care coverage
obtained through an employer or purchased by an individual from an
insurer.
(f) (d)
"Public assistance" means
cash assistance provided
under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(g) "Public health care coverage" means health care coverage
that is established or maintained by a local, state, or federal
government such as Medicaid established under title XIX of the
social security act, 42 USC 1396 to 1396w-5 or the state children's
health insurance program established under title XXI of the social
security act, 42 USC 1397aa to 1397mm.
(h) (e)
"Recipient of support"
means the following:
(i) The spouse, if the support order orders spousal support.
(ii) The custodial parent or guardian, if the support order
orders support for a minor child or a child who is 18 years of age
or older.
(iii) The department, of human services, if
support has been
assigned to that department.
(iv) The county, if the minor is in county-supported foster
care.
(i) (f)
"State advisory
committee" means the committee
established by the bureau under section 19.
(j) (g)
"State disbursement unit"
or "SDU" means the entity
established in section 6 of the office of child support act, 1971
PA 174, MCL 400.236.
(k) (h)
"Support" means all of
the following:
(i) The payment of money for a child or a spouse ordered by
the circuit court, whether the order is embodied in an interim,
temporary, permanent, or modified order or judgment. Support may
include payment of the expenses of medical, dental, and other
health care, child care expenses, and educational expenses.
(ii) The payment of money ordered by the circuit court under
the paternity act, 1956 PA 205, MCL 722.711 to 722.730, for the
necessary expenses connected to the pregnancy of the mother or the
birth of the child, or for the repayment of genetic testing
expenses.
(iii) A surcharge under section 3a of the support and
parenting time enforcement act, MCL 552.603a.
(l) (i)
"Support and parenting time
enforcement act" means
1982 PA 295, MCL 552.601 to 552.650.
(m) (j)
"Support order" means an
order entered by the circuit
court for the payment of support in a sum certain, whether in the
form of a lump sum or a periodic payment.
(n) (k)
"Title IV-D" means part D
of title IV of the social
security act, 42 USC 651 to 669b.
(o) (l) "Title
IV-D agency" means that term as defined in
section 2 of the support and parenting time enforcement act, MCL
552.602.
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 use a procedure provided in section 17b to 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) 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 act on more than 1 request received from a party
each 36 months.
(c) 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 department of
human
services
that good cause exists not to
proceed with support action
and neither party has requested a review.
(d) 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.
(e) At the direction of the court.
(f) 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. or
both. Reasonable grounds to
review an order under this subdivision include any of the
following:
(i) Temporary or permanent changes in the physical custody of
a child that the court has not ordered.
(ii) Increased or decreased need of the child.
(iii) Probable access by an employed a parent
to dependent
health care coverage that is accessible to the child and available
at a reasonable cost. Health care coverage is presumed accessible
to the child and presumed available at a reasonable cost if it
meets the guidelines provided in the child support formula
developed by the bureau under section 19.
(iv) Changed dependent health care coverage cost from the
amount used in the prior child support order.
(v) (iv) Changed
financial conditions of a recipient of
support or a payer, including any of the following:
(A) Application for or receipt of public assistance,
unemployment compensation, or worker's compensation.
(B) 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 sub-subparagraph, the office shall initiate a
review of the order.
(vi) (v) That
the order was based on incorrect facts.
(2) A review initiated by the office under subsection (1)(f)
does not preclude the recipient of support or payer from requesting
a review under subsection (1)(b).
(3) Within 180 days after determining that a review is
required under subsection (1), the office shall obtain a
modification of the order if appropriate.
(4) The office shall use the child support formula developed
by the bureau under section 19 in calculating the child support
award under section 17b.
(5) The office shall petition the court if modification is
determined to be necessary under section 17b unless either of the
following applies:
(a) The difference between the existing and projected child
support award is less than 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 for and amount of the prior
deviation remain unchanged.
(6) The notice under section 17b(3) constitutes a petition for
modification of the support order and shall be filed with the
court.
(7) 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.
(8) 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:when health care
coverage is accessible to the child and available at a reasonable
cost. The office shall use the guidelines provided for in the child
support formula developed by the bureau under section 19 to
recommend which parent provides health care coverage that is
accessible to the child and available at a reasonable cost. The
office shall not petition the court to require both parents to
provide health care coverage under this subsection unless both
parents already provide coverage or both agree to provide coverage.
This subsection does not prevent the court from exercising its
discretion to order health care coverage based on the child's needs
or the parent's resources.
(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.
(9) 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. 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
alternative dispute resolution 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, which 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 determining which
parent is required to maintain health care coverage for the child
and include a presumption for determining the reasonable cost and
accessibility of health care coverage. 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,
providers of alternative dispute resolution, 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 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.
(c) Gather and monitor relevant statistics.
(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 this 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 1 office
to
another in situations considered appropriate by the bureau.
(g) Certify alternative dispute resolution training programs.
(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 to be used by a party,
without the assistance of legal counsel, in making or responding to
a motion for a payment plan under section 5e of the support and
parenting time enforcement act, MCL 552.605e, or for the
modification of a child support, custody, or parenting time order,
including a domicile or residence provision.
(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 and sexual 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.
(n) Coordinate the provision of title IV-D services by the
friend of the court and cooperate with the office of child support
in providing those services.
(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
court for assistance in performing the duties imposed in this
section.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 4304 of the 100th Legislature is enacted into
law.
