HOUSE BILL No. 6011
May 7, 2002, Introduced by Reps. Toy, Tabor, Hummel, Howell, Newell, Vander Veen, Voorhees, Caul, Vear, Patterson, Palmer, Raczkowski, George, Julian, Bisbee and Jansen and referred to the Committee on Family and Children Services. A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending the title and sections 1, 2, 2a, 3, 4, 4a, 4b, 5, 7, 9, 9a, 11, 12, 13, 15, 17, 17b, 17c, 17d, 17e, 18, 19, 20, 22, 23, 24, 25, 26, 27, and 28 (MCL 552.501, 552.502, 552.502a, 552.503, 552.504, 552.504a, 552.504b, 552.505, 552.507, 552.509, 552.509a, 552.511, 552.512, 552.513, 552.515, 552.517, 552.517b, 552.517c, 552.517d, 552.517e, 552.518, 552.519, 552.520, 552.522, 552.523, 552.524, 552.525, 552.526, 552.527, and 552.528), the title and sections 23, 24, 25, and 26 as amended and sections 4, 4a, and 20 as added by 1996 PA 366, sections 1, 7, 13, and 17d as amended by 1996 PA 144, sections 2 and 18 as amended and section 17e as added by 1998 PA 63, sections 2a and 9 as amended and section 9a as added by 1999 PA 150, sections 3 and 5 as amended and section 28 as added by 1996 PA 365, section 4b as added by 04605'01 * GWH 2 1998 PA 551, section 11 as amended by 1996 PA 266, section 12 as amended by 1996 PA 276, section 17 as amended and sections 17b and 17c as added by 1994 PA 37, and section 19 as amended by 2001 PA 193, and by adding section 5a; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to revise and consolidate the laws relating to the 3 friend of the court FAMILY SERVICES; to provide for the appoint- 4 ment or removal of the friend of the court FAMILY SERVICES 5 ADMINISTRATOR; to create the office of the friend of the court 6 FAMILY SERVICES OFFICE; to establish the rights, powers, and 7 duties of the friend of the court FAMILY SERVICES ADMINISTRATOR 8 and the office of the friend of the court FAMILY SERVICES 9 OFFICE; to establish a state friend of the court FAMILY SERV- 10 ICES OFFICE bureau and to provide the powers and duties of the 11 bureau; to prescribe powers and duties of the circuit court and 12 of certain state and local agencies and officers; to establish 13 friend of the court citizen COURT FAMILY SERVICES OFFICE 14 advisory committees; to prescribe certain duties of certain 15 employers and former employers; and to repeal acts and parts of 16 acts. 17 Sec. 1. (1) This act shall be known and may be cited as the 18 "friend of the "court FAMILY SERVICES OFFICE act". 19 (2) The purposes of this act are to enumerate and describe 20 the powers and duties of the friend of the court FAMILY 21 SERVICES ADMINISTRATOR and the office of the friend of the 04605'01 * 3 1 court FAMILY SERVICES OFFICE; to ensure that procedures adopted 2 by the friend of the court FAMILY SERVICES ADMINISTRATOR will 3 protect the best interests of children in domestic relations mat- 4 ters; to encourage and assist parties voluntarily to resolve con- 5 tested domestic relations matters by agreement; to compel the 6 enforcement of parenting time and custody orders; and to compel 7 the enforcement of support orders, ensuring that persons legally 8 responsible for the care and support of children assume their 9 legal obligations and reducing the financial cost to this state 10 of providing public assistance funds MONEY for the care of 11 children. This act shall be construed to promote the enumerated 12 purposes and to facilitate the resolution of domestic relations 13 matters. 14 Sec. 2. As used in this act: 15 (a) "Bureau" means the state friend of the court FAMILY 16 SERVICES OFFICE bureau created in section 19. 17 (b) "Chief judge" means the following: 18 (i) The circuit judge in a judicial circuit having only 1 19 circuit judge. 20 (ii) Except in the county of Wayne, the chief judge of the 21 circuit court in a judicial circuit having 2 or more circuit 22 judges. 23 (iii) In the county of Wayne, the executive chief judge of 24 the circuit court in the third judicial circuit. 25 (c) "Citizen advisory committee" means a citizen friend of 26 the court FAMILY SERVICES OFFICE advisory committee established 27 as provided in section 4. 04605'01 * 4 1 (d) "Consumer reporting agency" means a person that, for 2 monetary fees or dues, or on a cooperative nonprofit basis, regu- 3 larly engages in whole or in part in the practice of assembling 4 or evaluating consumer credit information or other information on 5 consumers for the purpose of furnishing consumer reports to third 6 parties, and that uses any means or facility of interstate com- 7 merce for the purpose of preparing or furnishing consumer 8 reports. As used in this subdivision, "consumer report" means 9 that term as defined in section 603 of the fair credit reporting 10 act, title VI of the consumer credit protection act, Public Law 11 90-321, 15 U.S.C. 1681a. 12 (e) "County board" means the county board of commissioners 13 in the county served by the office. If a judicial circuit 14 includes more than 1 county, action required to be taken by the 15 county board means action by the county boards of commissioners 16 for all counties composing that circuit. 17 (f) "Court" means the circuit court. 18 (G) "COURT FAMILY SERVICES ADMINISTRATOR" MEANS THE INDIVID- 19 UAL APPOINTED UNDER SECTION 23 AS THE HEAD OF THE COURT FAMILY 20 SERVICES OFFICE. 21 (H) "COURT FAMILY SERVICES CASE" MEANS A DOMESTIC RELATIONS 22 MATTER THAT A COURT FAMILY SERVICES OFFICE ESTABLISHES AS A COURT 23 FAMILY SERVICES CASE AS REQUIRED UNDER SECTION 5A. 24 (I) "COURT FAMILY SERVICES OFFICE" OR "OFFICE" MEANS AN 25 AGENCY CREATED IN SECTION 3. 04605'01 * 5 1 (J) (g) "Current employment" means employment within 1 2 year before a friend of the court FAMILY SERVICES OFFICE 3 request for information. 4 (K) "DEPARTMENT" MEANS THE FAMILY INDEPENDENCE AGENCY. 5 (l) (h) "Domestic relations matter" means a circuit court 6 proceeding as to child custody or parenting time, or child or 7 spousal support, that arises out of litigation under a statute of 8 this state, including, but not limited to, the following: 9 (i) 1846 RS 84, MCL 552.1 to 552.45. 10 (ii) The family support act, 1966 PA 138, MCL 552.451 to 11 552.459. 12 (iii) The child CHILD custody act of 1970, 1970 PA 91, MCL 13 722.21 to 722.30 722.31. 14 (iv) 1968 PA 293, MCL 722.1 to 722.6. 15 (v) The paternity act, 1956 PA 205, MCL 722.711 to 722.730. 16 (vi) Revised uniform reciprocal enforcement of support act, 17 1952 PA 8, MCL 780.151 to 780.183. 18 (vii) The uniform UNIFORM interstate family support act, 19 1996 PA 310, MCL 552.1101 to 552.1901. 20 (M) (i) "Domestic relations mediation" means a process by 21 which the parties are assisted by a domestic relations mediator 22 in voluntarily formulating an agreement to resolve a dispute con- 23 cerning child custody or parenting time that arises from a domes- 24 tic relations matter. 25 (j) "Friend of the court" means the person serving under 26 section 21(1) or appointed under section 23 as the head of the 27 office of the friend of the court. 04605'01 * 6 1 (N) (k) "Income" means that term as defined in section 2 2 of the support and parenting time enforcement act, 1982 PA 295, 3 MCL 552.602. 4 Sec. 2a. As used in this act: 5 (a) "Medical assistance" means medical assistance as estab- 6 lished under title XIX of the social security act, chapter 531, 7 49 Stat. 620, 42 U.S.C. 1396 to 1396f, 1396g-1 to 1396r-6 , 8 and 1396r-8 to 1396v. 9 (b) "Office" and "office of the friend of the court" mean 10 an agency created in section 3. 11 (B) (c) "Payer" means a person ordered by the circuit 12 court to pay support. 13 (C) (d) "Public assistance" means cash assistance provided 14 under the social welfare act, 1939 PA 280, 400.1 to 400.119b. 15 (D) (e) "Recipient of support" means the following: 16 (i) The spouse, if the support order orders spousal 17 support. 18 (ii) The custodial parent or guardian, if the support order 19 orders support for a minor child or a child who is 18 years of 20 age or older. 21 (iii) The family independence agency, if support has been 22 assigned to that department. 23 (E) (f) "State advisory committee" means the committee 24 established by the bureau under section 19. 25 (F) (g) "State disbursement unit" or "SDU" means the 26 entity established in section 6 of the office of child support 27 act, 1971 PA 174, MCL 400.236. 04605'01 * 7 1 (G) (h) "Support" means all of the following: 2 (i) The payment of money for a child or a spouse ordered by 3 the circuit court, whether the order is embodied in an interim, 4 temporary, permanent, or modified order or judgment. Support may 5 include payment of the expenses of medical, dental, and other 6 health care, child care expenses, and educational expenses. 7 (ii) The payment of money ordered by the circuit court under 8 the paternity act, 1956 PA 205, MCL 722.711 to 722.730, for the 9 necessary expenses incurred by or for the mother in connection 10 with her confinement, for other expenses in connection with the 11 pregnancy of the mother, or for the repayment of genetic testing 12 expenses. 13 (iii) A surcharge accumulated under section 3a of the sup- 14 port and parenting time enforcement act, MCL 552.603a. 15 (H) (i) "Support and parenting time enforcement act" means 16 1982 PA 295, MCL 552.601 to 552.650. 17 (I) (j) "Support order" means an order entered by the cir- 18 cuit court for the payment of support in a sum certain, whether 19 in the form of a lump sum or a periodic payment. 20 (J) "TITLE IV-D" MEANS PART D OF TITLE IV OF THE SOCIAL 21 SECURITY ACT, CHAPTER 531, 49 STAT. 620, 42 U.S.C. 651 TO 655, 22 656 TO 660, AND 663 TO 669. 23 Sec. 3. (1) There EXCEPT AS PROVIDED IN SUBSECTION (2), A 24 COURT FAMILY SERVICES OFFICE is created in each judicial circuit 25 of this state. an office of the friend of the court, except as 26 provided in subsection (2). 04605'01 * 8 1 (2) If each county in a multicounty judicial circuit has a 2 separate office of the friend of the court on the day before the 3 effective date of this act JUNE 30, 1983, each county in that 4 circuit shall have a separate office of the friend of the court 5 on the effective date of this act JULY 1, 1983. If a vacancy 6 occurs in the position of the friend of the court FAMILY SERV- 7 ICES ADMINISTRATOR in such a county, the chief judge may merge 8 the COURT FAMILY SERVICES office of the friend of the court in 9 that county with the COURT FAMILY SERVICES office of the friend 10 of the court in another county of the judicial circuit. 11 (3) The head of each office is the friend of the court 12 serving under section 21(1) or appointed pursuant to section 23. 13 (4) Except as provided in this subsection, the friend of the 14 court UNLESS A FRIEND OF THE COURT SERVING UNDER THE AUTHORITY 15 OF FORMER SECTION 21 CONTINUES TO SERVE AS THE COURT FAMILY SERV- 16 ICES ADMINISTRATOR, A COURT FAMILY SERVICES ADMINISTRATOR 17 APPOINTED UNDER SECTION 23 IS THE HEAD OF THE COURT FAMILY SERV- 18 ICES OFFICE. THE COURT FAMILY SERVICES ADMINISTRATOR is an 19 employee of the circuit court in the judicial circuit served by 20 the friend of the court FAMILY SERVICES OFFICE. The friend of 21 the court for the third judicial circuit, and for any other judi- 22 cial circuit in which the employees serving in the court are paid 23 by the state, is an employee of the state judicial council. 24 (4) (5) The duties of the office shall be performed under 25 the direction and supervision of the chief judge. 26 (5) (6) Each friend of the court FAMILY SERVICES 27 ADMINISTRATOR shall take all necessary steps to adopt office 04605'01 * 9 1 procedures to implement this act, supreme court rules, and the 2 recommendations of the bureau. Office of the friend of the 3 court COURT FAMILY SERVICES OFFICE duties shall be performed in 4 accordance with the Elliott-Larsen civil rights act, Act No. 453 5 of the Public Acts of 1976, being sections 37.2101 to 37.2804 of 6 the Michigan Compiled Laws 1976 PA 453, MCL 37.2101 TO 37.2804. 7 (6) (7) An office of the friend of the A court FAMILY 8 SERVICES OFFICE must be open to the public making available all 9 of the office's services not less than 20 hours each month during 10 nontraditional office hours. This subsection shall not be con- 11 strued to require an office of the friend of the A court FAMILY 12 SERVICES OFFICE to be open for a greater number of hours than 13 before the effective date of the requirement under this 14 subsection JANUARY 1, 1997. 15 Sec. 4. (1) A citizen friend of the court FAMILY SERVICES 16 OFFICE advisory committee is established in each county and is 17 composed of the following members, each of whom is a resident of 18 the county: 19 (a) An advocate for children. 20 (b) A representative of noncustodial parents. 21 (c) A representative of custodial parents. 22 (d) An attorney who engages primarily in family law 23 practice. 24 (e) The county sheriff or the sheriff's designee. 25 (f) The prosecuting attorney or the prosecuting attorney's 26 designee. 04605'01 * 10 1 (g) The director of the family independence agency 2 DEPARTMENT or the director's designee. 3 (h) A mental health professional who provides family 4 counseling. 5 (i) A member of the general public who is not an individual 6 who could serve on the committee in a category listed in subdivi- 7 sions (a) to (h). 8 (2) Except for a member serving under subsection (1)(e), 9 (f), or (g), and except as otherwise provided in this subsection, 10 the county board shall appoint the citizen advisory committee 11 members. In a county organized under Act No. 293 of the Public 12 Acts of 1966, being sections 45.501 to 45.521 of the Michigan 13 Compiled Laws 1966 PA 293, MCL 45.501 TO 45.521, the county 14 executive shall appoint the citizen advisory committee members 15 with the advice and consent of the county board, and shall exer- 16 cise the other powers and duties prescribed for the county board 17 by this section in regard to the citizen advisory committee. 18 (3) A vacancy on the citizen advisory committee shall be 19 filled for the remainder of the term in the same manner as the 20 position was originally filled. The county board shall attempt 21 to compose the citizen advisory committee so that its membership 22 reflects the ethnic, racial, and gender distribution of the com- 23 munity that it serves. 24 (4) Except for the initial members, a citizen advisory com- 25 mittee member shall serve a renewable 3-year term. Of the ini- 26 tial members, 3 shall serve 3-year terms, 2 shall serve 2-year 04605'01 * 11 1 terms, and 2 shall serve 1-year terms. The county board may 2 remove a citizen advisory committee member for cause. 3 (5) A citizen advisory committee shall elect 1 of its mem- 4 bers as chairperson and 1 as vice-chairperson. Each shall serve 5 a 1-year term. 6 (6) The state court administrative office shall perform 7 staff and support functions that are necessary for a citizen 8 advisory committee to perform its duties and functions. 9 (7) Except for a member serving under subsection (1)(e), 10 (f), or (g), a citizen advisory committee member shall not serve 11 more than 2 consecutive terms. After completion of 2 consecutive 12 terms, a former member shall not be reappointed to serve during 13 the 2 years immediately following the end of his or her previous 14 term. 15 Sec. 4a. (1) A citizen advisory committee is advisory only 16 and shall do all of the following: 17 (a) Meet not less than 6 times annually. The citizen 18 advisory committee shall keep minutes of each meeting and submit 19 a copy to the county board. 20 (b) Review and investigate grievances concerning the friend 21 of the court FAMILY SERVICES OFFICE as provided in section 26. 22 (c) Advise the court and the county board on the office of 23 the friend of the court's and the friend of the court's COURT 24 FAMILY SERVICES OFFICE'S AND THE COURT FAMILY SERVICES 25 ADMINISTRATOR'S duties and performance, and on the community's 26 needs relating to the office's services. 04605'01 * 12 1 (d) At the end of each calendar year, submit an annual 2 report of its activities to the county board, court, state court 3 administrative office, governor's office, and standing senate and 4 house committees and appropriations subcommittees that are 5 responsible for legislation concerning the judicial branch. 6 (2) A citizen advisory committee chairperson may appoint 7 subcommittees comprised of 3 committee members to review, inves- 8 tigate, and hold hearings on grievances submitted to the citizen 9 advisory committee as provided in section 26. The chairperson 10 may serve on such a subcommittee and shall attempt to appoint 11 members so that each member has an equal opportunity for subcom- 12 mittee participation. 13 (3) Except as otherwise provided in this subsection, a citi- 14 zen advisory committee meeting shall be open to the public. A 15 member of the public attending a meeting shall be given a reason- 16 able opportunity to address the committee on an issue under con- 17 sideration by the committee. If a vote is to be taken by the 18 citizen advisory committee, the opportunity to address the com- 19 mittee shall be given before the vote is taken. A citizen 20 advisory committee meeting, including a meeting of a subcommittee 21 appointed under subsection (2), is not open to the public while 22 the committee or subcommittee is reviewing, investigating, or 23 holding a hearing on a grievance as provided in section 26. 24 Sec. 4b. (1) Except as provided in subsections (2), (3), 25 and (4), and under the chief judge's supervision, the office 26 shall provide the citizen advisory committee with a grievance 27 filed as provided in section 26 and access to records and 04605'01 * 13 1 information necessary for the committee to perform its functions 2 as prescribed by this act, including the following: 3 (a) Case records and other information pertaining to the 4 case of a party who has filed a grievance with the citizen 5 advisory committee. 6 (b) Information regarding the procedures used by the office 7 to carry out its responsibilities as defined by statute, court 8 rule, or the bureau. 9 (c) Information regarding the administration of the office 10 of the friend of the court FAMILY SERVICES office, including 11 budget and personnel information. 12 (2) The following information shall not be provided to a 13 citizen advisory committee: 14 (a) Information defined as confidential by supreme court 15 rule. 16 (b) Case information subject to confidentiality or suppres- 17 sion by specific court order, unless the court that issued the 18 order of confidentiality determines, after notice to the parties 19 and an opportunity for response, that the requested information 20 may be made available to the citizen advisory committee without 21 impairing the rights of a party or the well-being of a child 22 involved in the case. 23 (3) A citizen advisory committee shall be provided a judge's 24 or referee's notes pertaining to a case only at the chief judge's 25 express direction. 26 (4) A citizen advisory committee has access to records of a 27 mediation session only if the court determines, after notice to 04605'01 * 14 1 the parties and an opportunity for a response, that access would 2 not impair the rights of a party to the case or the well-being of 3 a child involved in the case. 4 (5) Upon request of a citizen advisory committee and under 5 the chief judge's supervision, the office shall annually provide 6 the committee with information pertaining to a random sampling of 7 grievances. If requested by the committee and at the supreme 8 court's direction, the state court administrative office shall 9 assist the office in devising a statistically significant random 10 sampling. 11 Sec. 5. (1) Before adjudication of a domestic relations 12 matter, the office of the friend of the court SHALL DETERMINE 13 IF A COURT FAMILY SERVICES CASE IS OR MUST BE OPENED FOR THE 14 DOMESTIC RELATIONS MATTER. IN MAKING THE DETERMINATION UNDER 15 THIS SUBSECTION, THE COURT SHALL FOLLOW THE PRESCRIPTIONS IN SEC- 16 TION 5A. 17 (2) THE COURT FAMILY SERVICES OFFICE has the following 18 duties: 19 (A) TO INFORM EACH PARTY TO THE DOMESTIC RELATIONS MATTER 20 THAT, UNLESS 1 OF THE PARTIES IS REQUIRED TO PARTICIPATE IN THE 21 TITLE IV-D CHILD SUPPORT PROGRAM, THEY MAY CHOOSE NOT TO HAVE THE 22 COURT FAMILY SERVICES OFFICE ADMINISTER AND ENFORCE OBLIGATIONS 23 THAT MAY BE IMPOSED IN THE DOMESTIC RELATIONS MATTER. 24 (B) TO INFORM EACH PARTY TO THE DOMESTIC RELATIONS MATTER 25 THAT, UNLESS 1 OF THE PARTIES IS REQUIRED TO PARTICIPATE IN THE 26 TITLE IV-D CHILD SUPPORT PROGRAM, THEY MAY DIRECT THE COURT 04605'01 * 15 1 FAMILY SERVICES OFFICE TO CLOSE THE COURT FAMILY SERVICES CASE 2 THAT WAS OPENED IN THEIR DOMESTIC RELATIONS MATTER. 3 (C) (a) To provide an informational pamphlet, in accord- 4 ance with the model pamphlet developed by the bureau, to each 5 party to a domestic relations matter. The informational pamphlet 6 shall explain the procedures of the court and the office; the 7 duties of the office; the rights and responsibilities of the par- 8 ties, including notification that each party to the dispute has 9 the right to meet with the individual investigating the dispute 10 before that individual makes a recommendation regarding the dis- 11 pute; the availability of and procedures used in domestic rela- 12 tions mediation; the availability of human services in the commu- 13 nity; the availability of joint custody as described in section 14 6a of the child custody act of 1970, Act No. 91 of the Public 15 Acts of 1970, being section 722.26a of the Michigan Compiled 16 Laws 1970 PA 91, MCL 722.26A; and how to file a grievance 17 regarding the office. The informational pamphlet shall be pro- 18 vided as soon as possible after the filing of a complaint or 19 other initiating pleading. Upon request, a party shall receive 20 an oral explanation of the informational pamphlet from the 21 office. 22 (D) TO MAKE AVAILABLE TO AN INDIVIDUAL FORM MOTIONS, 23 RESPONSES, AND ORDERS FOR REQUESTING THE COURT TO MODIFY THE 24 INDIVIDUAL'S CHILD SUPPORT, CUSTODY, OR PARENTING TIME ORDER, OR 25 FOR RESPONDING TO A MOTION FOR SUCH A MODIFICATION, WITHOUT 26 ASSISTANCE OF LEGAL COUNSEL. THE OFFICE SHALL MAKE AVAILABLE 27 INSTRUCTIONS ON PREPARING AND FILING EACH OF THOSE FORMS AND 04605'01 * 16 1 INSTRUCTIONS ON SERVICE OF PROCESS AND ON SCHEDULING A 2 MODIFICATION HEARING. 3 (E) (b) To inform the parties of the availability of 4 domestic relations mediation if there is a dispute as to child 5 custody or parenting time. 6 (F) (c) To inform the parents of the availability of joint 7 custody as described in section 6a of Act No. 91 of the Public 8 Acts of 1970 THE CHILD CUSTODY ACT OF 1970, 1970 PA 91, MCL 9 722.26A, if there is a dispute between the parents as to child 10 custody. 11 (G) (d) To investigate all relevant facts, and to make a 12 written report and recommendation to the parties and to the court 13 regarding child custody or parenting time, or both, if there is a 14 dispute as to child custody or parenting time, or both, and 15 domestic relations mediation is refused by either party or is 16 unsuccessful, or if ordered to do so by the court. The investi- 17 gation may include reports and evaluations by outside persons or 18 agencies if requested by the parties or the court, and shall 19 include documentation of alleged facts, if practicable. If 20 requested by a party, an investigation shall include a meeting 21 with the party. A written report and recommendation regarding 22 child custody or parenting time, or both, shall be based upon the 23 factors enumerated in Act No. 91 of the Public Acts of 1970, 24 being sections 722.21 to 722.29 of the Michigan Compiled Laws 25 THE CHILD CUSTODY ACT OF 1970, 1970 PA 91, MCL 722.21 TO 722.31. 26 (H) (e) To investigate all relevant facts and to make a 27 written report and recommendation to the parties and their 04605'01 * 17 1 attorneys and to the court regarding child support, if ordered to 2 do so by the court. The written report and recommendation shall 3 be placed in the court file. The investigation may include 4 reports and evaluations by outside persons or agencies if 5 requested by the parties or the court, and shall include documen- 6 tation of alleged facts, if practicable. If requested by a 7 party, an investigation shall include a meeting with the party. 8 The child support formula developed by the bureau under section 9 19 shall be used as a guideline in recommending child support. 10 The written report shall include the support amount determined by 11 application of the child support formula and all factual assump- 12 tions upon which that support amount is based. If the office of 13 the friend of the court FAMILY SERVICES OFFICE determines from 14 the facts of the case that application of the child support for- 15 mula would be unjust or inappropriate, the written report shall 16 also include all of the following: 17 (i) An alternative support recommendation. 18 (ii) All factual assumptions upon which the alternative sup- 19 port recommendation is based, if applicable. 20 (iii) How the alternative support recommendation deviates 21 from the child support formula. 22 (iv) The reasons for the alternative support 23 recommendation. 24 (3) (2) If a party who requests a meeting during an inves- 25 tigation fails to attend the scheduled meeting without good 26 cause, the investigation may be completed without a meeting with 27 that party. 04605'01 * 18 1 SEC. 5A. (1) EXCEPT AS REQUIRED BY THIS SECTION, A COURT 2 FAMILY SERVICES OFFICE IS NOT REQUIRED TO OPEN OR MAINTAIN A 3 COURT FAMILY SERVICES CASE FOR A DOMESTIC RELATIONS MATTER AND 4 PARTIES TO A DOMESTIC RELATIONS MATTER ARE NOT REQUIRED TO HAVE A 5 COURT FAMILY SERVICES CASE OPENED OR MAINTAINED FOR THEIR DOMES- 6 TIC RELATIONS MATTER. THE PARTIES TO A DOMESTIC RELATIONS MATTER 7 FOR WHICH A COURT FAMILY SERVICES CASE IS NOT OPENED HAVE FULL 8 RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT OF THE OBLIGA- 9 TIONS IMPOSED IN THE DOMESTIC RELATIONS MATTER. 10 (2) A COURT FAMILY SERVICES OFFICE SHALL OPEN AND MAINTAIN A 11 COURT FAMILY SERVICES CASE FOR A DOMESTIC RELATIONS MATTER UNDER 12 1 OR MORE OF THE FOLLOWING CIRCUMSTANCES: 13 (A) A PARTY TO THE DOMESTIC RELATIONS MATTER IS ELIGIBLE FOR 14 TITLE IV-D SERVICES BECAUSE OF THE PARTY'S CURRENT OR PAST 15 RECEIPT OF PUBLIC ASSISTANCE. 16 (B) A PARTY TO THE DOMESTIC RELATIONS MATTER APPLIES FOR 17 TITLE IV-D SERVICES. 18 (C) A PARTY TO THE DOMESTIC RELATIONS MATTER REQUESTS THAT 19 THE COURT FAMILY SERVICES OFFICE OPEN AND MAINTAIN A COURT FAMILY 20 SERVICES CASE FOR THE DOMESTIC RELATIONS MATTER, EVEN THOUGH THE 21 PARTY MAY NOT BE ELIGIBLE FOR TITLE IV-D SERVICES BECAUSE THE 22 DOMESTIC RELATIONS MATTER INVOLVES, BY WAY OF EXAMPLE AND NOT 23 LIMITATION, ONLY SPOUSAL SUPPORT, CHILD CUSTODY, PARENTING TIME, 24 OR CHILD CUSTODY AND PARENTING TIME. 25 (D) THERE EXISTS IN THE DOMESTIC RELATIONS MATTER EVIDENCE 26 OF DOMESTIC VIOLENCE OR UNEVEN BARGAINING POSITIONS AND THE COURT 27 DETERMINES THAT A PARTY TO THE DOMESTIC RELATIONS MATTER, AGAINST 04605'01 * 19 1 THE BEST INTEREST OF EITHER THE PARTY OR A CHILD OF THE PARTY, 2 HAS CHOSEN NOT TO APPLY FOR TITLE IV-D SERVICES. 3 (3) EXCEPT AS PROVIDED IN THIS SUBSECTION, THE PARTIES TO A 4 COURT FAMILY SERVICES CASE MAY DIRECT THE COURT FAMILY SERVICES 5 OFFICE TO CLOSE THEIR COURT FAMILY SERVICES CASE. A COURT FAMILY 6 SERVICES OFFICE SHALL NOT CLOSE A COURT FAMILY SERVICES CASE 7 UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: 8 (A) A PARTY TO THE COURT FAMILY SERVICES CASE OBJECTS. 9 (B) A PARTY TO THE COURT FAMILY SERVICES CASE IS ELIGIBLE 10 FOR TITLE IV-D SERVICES BECAUSE THE PARTY IS RECEIVING PUBLIC 11 ASSISTANCE. 12 (C) A PARTY TO THE COURT FAMILY SERVICES CASE IS ELIGIBLE 13 FOR TITLE IV-D SERVICES BECAUSE THE PARTY RECEIVED PUBLIC ASSIST- 14 ANCE AND AN ARREARAGE IS OWED TO THE GOVERNMENTAL ENTITY THAT 15 PROVIDED THE PUBLIC ASSISTANCE. 16 (D) THE COURT FAMILY SERVICES CASE RECORD SHOWS THAT, WITHIN 17 THE PREVIOUS 12 MONTHS, A CHILD SUPPORT ARREARAGE OR CUSTODY OR 18 PARENTING TIME ORDER VIOLATION HAS OCCURRED IN THE CASE. 19 (E) WITHIN THE PREVIOUS 12 MONTHS, A PARTY TO THE COURT 20 FAMILY SERVICES CASE HAS REOPENED A COURT FAMILY SERVICES CASE. 21 (F) THERE EXISTS IN THE COURT FAMILY SERVICES CASE EVIDENCE 22 OF DOMESTIC VIOLENCE OR UNEVEN BARGAINING POSITIONS AND THE COURT 23 DETERMINES THAT A PARTY TO THE COURT FAMILY SERVICES CASE HAS 24 CHOSEN TO CLOSE THE CASE AGAINST THE BEST INTEREST OF EITHER THE 25 PARTY OR A CHILD OF THE PARTY. 26 (4) THE CLOSURE OF A COURT FAMILY SERVICES CASE DOES NOT 27 RELEASE A PARTY FROM THE PARTY'S OBLIGATIONS IMPOSED IN THE 04605'01 * 20 1 UNDERLYING DOMESTIC RELATIONS MATTER. THE PARTIES TO A CLOSED 2 COURT FAMILY SERVICES CASE ASSUME FULL RESPONSIBILITY FOR ADMIN- 3 ISTRATION AND ENFORCEMENT OF OBLIGATIONS IMPOSED IN THE UNDERLY- 4 ING DOMESTIC RELATIONS MATTER. 5 (5) IF A PARTY TO THE UNDERLYING DOMESTIC RELATIONS MATTER 6 WANTS TO ENSURE THAT CHILD SUPPORT PAYMENTS MADE AFTER A COURT 7 FAMILY SERVICES CASE IS CLOSED WILL BE TAKEN INTO ACCOUNT IN ANY 8 POSSIBLE FUTURE COURT FAMILY SERVICES OFFICE ENFORCEMENT ACTION, 9 THE CHILD SUPPORT PAYMENTS MUST BE MADE THROUGH THE SDU. IF THE 10 PARTIES CHOOSE TO CONTINUE TO HAVE CHILD SUPPORT PAYMENTS MADE 11 THROUGH THE SDU, THE COURT FAMILY SERVICES OFFICE SHALL NOT CLOSE 12 THEIR COURT FAMILY SERVICES CASE UNTIL EACH PARTY PROVIDES THE 13 SDU WITH THE INFORMATION NECESSARY TO PROCESS THE CHILD SUPPORT 14 PAYMENTS REQUIRED IN THE UNDERLYING DOMESTIC RELATIONS MATTER. 15 (6) A COURT FAMILY SERVICES OFFICE SHALL REOPEN A COURT 16 FAMILY SERVICES CASE IF A PARTY TO THE CLOSED COURT FAMILY SERV- 17 ICES CASE APPLIES FOR SERVICES FROM THE COURT FAMILY SERVICES 18 OFFICE OR APPLIES FOR AND RECEIVES PUBLIC ASSISTANCE. 19 Sec. 7. (1) The chief judge may designate as referee the 20 friend of the court FAMILY SERVICES ADMINISTRATOR; an employee 21 of the office who is a member of the state bar of Michigan; or, 22 under section 22, a member of the state bar of Michigan. 23 (2) A referee may do all of the following: 24 (a) Hear all motions in a domestic relations matter, except 25 motions pertaining to an increase or decrease in spouse SPOUSAL 26 support, referred to the referee by the court. 04605'01 * 21 1 (b) Administer oaths, compel the attendance of witnesses and 2 the production of documents, and examine witnesses and parties. 3 (c) Make a written, signed report to the court containing a 4 summary of testimony given, a statement of findings, and a recom- 5 mended order; or make a statement of findings on the record and 6 submit a recommended order. 7 (d) Hold hearings as provided in the support and parenting 8 time enforcement act. , Act No. 295 of the Public Acts of 1982, 9 being sections 552.601 to 552.650 of the Michigan Compiled Laws. 10 The referee shall make a record of each hearing held. 11 (e) Accept a voluntary acknowledgment of support liability, 12 and review and make a recommendation to the court concerning a 13 stipulated agreement to pay support. 14 (f) Recommend a default order establishing, modifying, or 15 enforcing a support obligation in a domestic relations matter. 16 (3) If ordered by the court, or if stipulated by the par- 17 ties, a referee shall make a transcript, verified by oath, of 18 each hearing held. The cost of preparing a transcript shall be 19 apportioned equally between the parties, unless otherwise ordered 20 by the court. 21 (4) A copy of each report, recommendation, transcript, and 22 any supporting documents or a summary of supporting documents 23 prepared or used by the friend of the court FAMILY SERVICES 24 OFFICE or an employee of the office shall be made available to 25 the attorney for each party and to each of the parties before the 26 court takes any action on a recommendation made under this 27 section or section 5. In a child custody dispute, the parties 04605'01 * 22 1 shall be informed of whether a custody preference expressed by 2 the child was considered, evaluated, and determined by the court, 3 but the parties shall not be informed of the preference expressed 4 by the child under section 3 of the child custody act of 1970, 5 Act No. 91 of the Public Acts of 1970, being section 722.23 of 6 the Michigan Compiled Laws 1970 PA 91, MCL 722.23. If a guard- 7 ian is appointed for a child, the guardian shall be informed 8 whether a custody preference expressed by the child was consid- 9 ered, evaluated, and determined by the court, and, if so, the 10 preference expressed. The manner and time within which this 11 material is made available shall be determined by supreme court 12 rule. 13 (5) The court shall hold a de novo hearing on any matter 14 that has been the subject of a referee hearing, upon the written 15 request of either party or upon motion of the court. The request 16 of a party shall be made within 21 days after the recommendation 17 of the referee is made available to that party under subsection 18 (4), except that a request for a de novo hearing concerning an 19 order of income withholding shall be made within 14 days after 20 the recommendation of the referee is made available to the party 21 under subsection (4). 22 Sec. 9. (1) Except as otherwise provided in subsections (2) 23 and (3) or in the order or judgment, after a support order is 24 entered in a domestic relations matter COURT FAMILY SERVICES 25 CASE, the office shall receive each payment and service fee under 26 the support order; shall, not less than once each month, record 27 each support payment due, paid, and past due; and shall disburse 04605'01 * 23 1 each support payment to the recipient of support within 14 days 2 after the office receives each payment or within the federally 3 mandated time frame, whichever is shorter. 4 (2) An office shall receive support order and service fee 5 payments, and shall disburse support, as required by subsection 6 (1) until the state disbursement unit implements support and fee 7 receipt and disbursement for the cases administered by that 8 office. At the family independence agency's direction and in 9 cooperation with the SDU, an office shall continue support and 10 fee receipt and support disbursement to facilitate the transition 11 of that responsibility to the SDU as directed in, and in accord- 12 ance with the transition schedule developed as required by, the 13 office of child support act, 1971 PA 174, MCL 400.231 to 14 400.239. 15 (3) After SDU support and fee receipt and disbursement is 16 implemented in a circuit court circuit, the office for that court 17 may accept a support payment made in cash or by cashier's check 18 or money order. If the office accepts such a payment, the office 19 shall transmit the payment to the SDU and shall inform the payer 20 of the SDU's location and the requirement to make payments 21 through the SDU. 22 (4) Promptly after the effective date of the amendatory act 23 that added this subsection NOVEMBER 3, 1999, each office shall 24 establish and maintain the support order and account records nec- 25 essary to enforce support orders and necessary to record obliga- 26 tions, support and fee receipt and disbursement, and related 27 payments. Each office shall provide the SDU with access to those 04605'01 * 24 1 records and shall assist the SDU to resolve support and fee 2 receipt and disbursement problems related to inadequate identify- 3 ing information. 4 (5) The office shall provide annually to each party, without 5 charge, 1 statement of account upon request. Additional state- 6 ments of account shall be provided at a reasonable fee sufficient 7 to pay for the cost of reproduction. Statements provided under 8 this subsection are in addition to statements provided for admin- 9 istrative and judicial hearings. 10 (6) The office shall initiate and carry out proceedings to 11 enforce an order entered in a domestic relations matter COURT 12 FAMILY SERVICES CASE regarding custody, parenting time, health 13 care coverage, or support in accordance with this act, the sup- 14 port and parenting time enforcement act, and supreme court 15 rules. 16 (7) Upon request of a child support agency of another state, 17 the office shall initiate and carry out certain proceedings to 18 enforce support orders entered in the other state without the 19 need to register the order as a domestic relations matter COURT 20 FAMILY SERVICES CASE in this state. The order shall be enforced 21 using automated administrative enforcement actions authorized 22 under the support and parenting time enforcement act. 23 Sec. 9a. The department, the SDU, and each office of the 24 friend of the court FAMILY SERVICES OFFICE shall cooperate in 25 the transition to the centralized receipt and disbursement of 26 support and fees. An office of the friend of the A court 27 FAMILY SERVICES OFFICE shall continue to receive and disburse 04605'01 * 25 1 support and fees through the transition, based on the schedule 2 developed as required by section 6 7 of the office of child 3 support act, 1971 PA 174, MCL 400.236 400.237, and modifica- 4 tions to that schedule as the department considers necessary. 5 Sec. 11. (1) Each office shall initiate 1 OR MORE SUPPORT 6 enforcement MEASURES under the support and parenting time 7 enforcement act when either of the following applies: 8 (a) A fixed amount of arrearage is reached, except as oth- 9 erwise provided in section 4 of the support and parenting time 10 enforcement act, being section 552.604 of the Michigan Compiled 11 Laws. The amount of arrearage so fixed shall be an amount equal 12 to the amount of support payable for 1 month under the payer's 13 support order. The office shall not initiate enforcement under 14 this subdivision if the support order was entered ex parte and 15 the office has not received a copy of proof of service of the 16 order. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, THE 17 ARREARAGE UNDER THE SUPPORT ORDER IS EQUAL TO OR GREATER THAN THE 18 MONTHLY AMOUNT OF SUPPORT PAYABLE UNDER THE ORDER. IF THE SUP- 19 PORT ORDER WAS ENTERED EX PARTE, AN OFFICE SHALL NOT INITIATE 20 ENFORCEMENT UNDER THIS SUBDIVISION UNTIL AFTER THE OFFICE 21 RECEIVES A COPY OF PROOF OF SERVICE FOR THE ORDER AND AFTER AT 22 LEAST 1 MONTH HAS ELAPSED SINCE THE DATE OF SERVICE. AN OFFICE 23 IS NOT REQUIRED TO INITIATE ENFORCEMENT UNDER THIS SUBDIVISION IF 24 1 OR MORE OF THE FOLLOWING CIRCUMSTANCES EXIST: 25 (i) DESPITE THE EXISTENCE OF THE ARREARAGE, AN ORDER OF 26 INCOME WITHHOLDING IS EFFECTIVE AND PAYMENT IS BEING MADE UNDER 04605'01 * 26 1 THE ORDER OF INCOME WITHHOLDING IN THE AMOUNT REQUIRED UNDER THE 2 ORDER. 3 (ii) DESPITE THE EXISTENCE OF THE ARREARAGE AND EVEN THOUGH 4 AN ORDER OF INCOME WITHHOLDING IS NOT EFFECTIVE, PAYMENT IS BEING 5 MADE IN THE AMOUNT REQUIRED UNDER THE ORDER. 6 (iii) ONE OR MORE SUPPORT ENFORCEMENT MEASURES HAVE BEEN 7 INITIATED AND AN OBJECTION TO 1 OR MORE OF THOSE MEASURES HAS NOT 8 BEEN RESOLVED. 9 (b) A parent fails to obtain or maintain health care cover- 10 age for the parent's child as ordered by the court. The office 11 shall initiate enforcement under this subdivision at the follow- 12 ing times: 13 (i) Within 60 days after the entry of a support order con- 14 taining health care coverage provisions. 15 (ii) When a review is conducted as provided in section 17. 16 (iii) Concurrent with enforcement initiated by the office 17 under subdivision (a). 18 (iv) Upon receipt of a written complaint from a party. 19 (v) Upon receipt of a written complaint from the department 20 of social services if the child for whose benefit health care 21 coverage is ordered is a recipient of public assistance or medi- 22 cal assistance. 23 (2) For a custody or parenting time order, the office may 24 initiate enforcement proceedings under subsection (3) upon its 25 own initiative and shall initiate enforcement proceedings upon 26 receipt of a written complaint stating the specific facts alleged 27 to constitute a violation, if the office determines that there is 04605'01 * 27 1 reason to believe a violation of a custody or parenting time 2 order has occurred. Upon request, the COURT FAMILY SERVICES 3 office of the friend of the court shall assist a person in pre- 4 paring a complaint under this subsection. 5 (3) The office shall send, by ordinary mail, a notice to an 6 alleged violator of a custody or parenting time order, informing 7 the alleged violator of the nature of the alleged violation, the 8 proposed action under this or other ANOTHER applicable act, the 9 availability of domestic relations mediation, and the right to 10 petition for modification of the parenting time order. The 11 notice shall contain the following statement in boldfaced type of 12 not less than 12 points: 13 14 "FAILURE TO RESPOND TO THE FRIEND OF THE COURT FAMILY 15 SERVICES OFFICE WITHIN 14 DAYS AFTER THE DATE OF THIS 16 NOTICE TO WORK OUT A SATISFACTORY ARRANGEMENT MAY RESULT IN 17 CONTEMPT OF COURT PROCEEDINGS BEING BROUGHT AGAINST YOU.". 18 (4) A copy of the notice described in subsection (3) shall 19 be sent by ordinary mail to the party alleging a violation. 20 (5) Fourteen days after the date of the notice to the 21 alleged violator under subsection (3), the office may do 1 or 22 more of the following: 23 (a) Schedule a joint meeting with the parties to discuss the 24 allegations of failure to comply with a custody or parenting time 25 order, and attempt to resolve the differences between the 26 parties. 04605'01 * 28 1 (b) Refer the parties to meet with a domestic relations 2 mediator as provided in section 13, if the parties agree to 3 mediation. 4 (c) If appropriate, proceed under section 41 of the support 5 and parenting time enforcement act, being section 552.641 of the 6 Michigan Compiled Laws, or other MCL 552.641, OR ANOTHER appli- 7 cable act. 8 Sec. 12. (1) Except as otherwise provided in this section, 9 in a format acceptable to the friend of the court, the family 10 independence agency COURT FAMILY SERVICES ADMINISTRATOR, THE 11 DEPARTMENT, and the consumer reporting agency, the office of the 12 friend of the court FAMILY SERVICES OFFICE shall report to a 13 consumer reporting agency the arrearage amount for each payer 14 with an arrearage of support of 2 or more months. On a monthly 15 basis and in a format acceptable to the friend of the court, the 16 family independence agency COURT FAMILY SERVICES ADMINISTRATOR, 17 THE DEPARTMENT, and the consumer reporting agency, the COURT 18 FAMILY SERVICES office of the friend of the court may make sup- 19 port information available to the consumer reporting agency con- 20 cerning any other payer who requests that report. The office 21 shall not make information available under this subsection to a 22 consumer reporting agency if the office determines that the 23 agency does not have sufficient capability to systematically and 24 timely make accurate use of the information and if the agency 25 does not furnish evidence satisfactory to the office that the 26 agency is a consumer reporting agency. 04605'01 * 29 1 (2) Before making the initial support information available 2 under subsection (1), the COURT FAMILY SERVICES office of the 3 friend of the court shall provide the payer with notice of all 4 of the following: 5 (a) The proposed action. 6 (b) The amount of the arrearage, if any. 7 (c) The payer's right to a review, the date by which a 8 request for a review must be made, and the grounds on which the 9 payer may object to the proposed action. 10 (d) That the payer may avoid the reporting of the arrearage 11 stated in the notice by paying the entire arrearage within 21 12 days after the date notice was sent. 13 (3) The COURT FAMILY SERVICES office of the friend of the 14 court shall provide to a payer a review to enable a payer to 15 object to the reporting of the support information, including an 16 arrearage, on the grounds of a mistake of fact concerning the 17 amount of the arrearage or the identity of the payer. If a payer 18 requests a review within the time specified in the notice given 19 under subsection (2), the office shall not report the support 20 information as required or permitted by this section until after 21 1 of the following occurs: 22 (a) The payer fails to produce evidence that the support 23 information is incorrect and the time scheduled for the review 24 has passed. 25 (b) After conducting the review, the office determines the 26 correct support information. 04605'01 * 30 1 (4) The COURT FAMILY SERVICES office of the friend of the 2 court shall not make support information, including an 3 arrearage, available under subsection (1) if 21 days have not 4 expired after the date the notice was sent under subsection (2). 5 The COURT FAMILY SERVICES office of the friend of the court 6 shall not report an arrearage amount as required under subsection 7 (1) if the payer pays the entire arrearage within 21 days after 8 the date the notice was sent under subsection (2). 9 (5) Within 14 days after the COURT FAMILY SERVICES office 10 of the friend of the court knows that incorrect information has 11 been made available to a consumer reporting agency, the office 12 shall contact the consumer reporting agency and correct the 13 information. 14 (6) The state court administrative office is responsible for 15 determining what support information should be provided to a con- 16 sumer reporting agency and establishing the policies and proce- 17 dures for making support information available to a consumer 18 reporting agency under this section. 19 (7) Upon request of a consumer reporting agency or the 20 payer, the COURT FAMILY SERVICES office of the friend of the 21 court shall make available to the consumer reporting agency cur- 22 rent support information of an individual payer. 23 Sec. 13. (1) The office shall provide, either directly or 24 by contract, domestic relations mediation to assist the parties 25 in settling voluntarily a dispute concerning child custody or 26 parenting time that arises from a domestic relations matter IN 27 A COURT FAMILY SERVICES CASE. Parties shall not be required to 04605'01 * 31 1 meet with a domestic relations mediator. The service may be 2 provided directly by the office only if such a service is in 3 place on July 1, 1983, if the service is not available from a 4 private source, or if the court can demonstrate that providing 5 the service within the friend of the court FAMILY SERVICES 6 office is cost beneficial. Any expansion of existing services 7 provided by the court on July 1, 1983 shall be provided by an 8 individual meeting the domestic relations mediator minimum quali- 9 fications listed under subsection (4). 10 (2) If an agreement is reached by the parties through domes- 11 tic relations mediation, a consent order incorporating the agree- 12 ment shall be prepared by the friend of the court FAMILY SERV- 13 ICES ADMINISTRATOR; an employee of the office who is member of 14 the state bar of Michigan; under section 22, a member of the 15 state bar of Michigan; or by the attorney for 1 of the parties. 16 The consent order shall be provided to, and shall be entered by, 17 the court. 18 (3) Except as provided in subsection (2), a communication 19 between a domestic relations mediator and a party to a domestic 20 relations mediation is confidential. The secrecy of the communi- 21 cation shall be preserved inviolate as a privileged 22 communication. The communication shall not be admitted in evi- 23 dence in any proceedings. The same protection shall be given to 24 communications between the parties in the presence of the 25 mediator. 04605'01 * 32 1 (4) A domestic relations mediator who performs mediation 2 under this act shall have all of the following minimum 3 qualifications: 4 (a) One or more of the following: 5 (i) A license or a limited license to engage in the practice 6 of psychology under parts 161 and 182 of the public health code, 7 Act No. 368 of the Public Acts of 1978, being sections 333.16101 8 to 333.16349 and 333.18201 to 333.18237 of the Michigan Compiled 9 Laws 1978 PA 368, MCL 333.16101 TO 333.16349 AND 333.18201 TO 10 333.18237, or a master's degree in counseling, social work, or 11 marriage and family counseling; and successful completion of the 12 training program provided by the bureau under section 19(3)(b). 13 (ii) Not less than 5 years of experience in family counsel- 14 ing, preferably in a setting related to the areas of responsibil- 15 ity of the friend of the court FAMILY SERVICES ADMINISTRATOR 16 and preferably to reflect the ethnic population to be served, and 17 successful completion of the training program provided by the 18 bureau under section 19(3)(b). 19 (iii) A graduate degree in a behavioral science and success- 20 ful completion of a domestic relations mediation training program 21 certified by the bureau with not less than 40 hours of classroom 22 instruction and 250 hours of practical experience working under 23 the direction of a person who has successfully completed a pro- 24 gram certified by the bureau. 25 (iv) Membership in the state bar of Michigan and successful 26 completion of the training program provided by the bureau under 27 section 19(3)(b). 04605'01 * 33 1 (b) Knowledge of the court system of this state and the 2 procedures used in domestic relations matters. 3 (c) Knowledge of other resources in the community to which 4 the parties to a domestic relations matter can be referred for 5 assistance. 6 (d) Knowledge of child development, clinical issues relating 7 to children, the effects of divorce on children, and child cus- 8 tody research. 9 Sec. 15. An employee of the office who performs domestic 10 relations mediation as to any domestic relations matter IN A 11 COURT FAMILY SERVICES CASE involving a particular party shall not 12 perform referee functions, investigation and recommendation func- 13 tions, or enforcement functions as to any domestic relations 14 matter involving that party. 15 Sec. 17. (1) After a final judgment containing a child sup- 16 port order has been entered in a domestic relations matter 17 COURT FAMILY SERVICES CASE, the office shall periodically review 18 the order, as follows: 19 (a) If a child is being supported in whole or in part by 20 public assistance, not less than once each 24 months unless both 21 of the following apply: 22 (i) The office receives notice from the department of 23 social services that good cause exists not to proceed with sup- 24 port action. 25 (ii) Neither party has requested a review. 26 (b) At the initiative of the office, if there are reasonable 27 grounds to believe that the amount of child support awarded in 04605'01 * 34 1 the judgment should be modified or that dependent health care 2 coverage is available and the support order should be modified to 3 include an order for health care coverage. Reasonable grounds to 4 review an order pursuant to UNDER this subdivision include tem- 5 porary or permanent changes in the physical custody of a child 6 that the court has not ordered, increased or decreased need of 7 the child, probable access by an employed parent to dependent 8 health care coverage, or changed financial conditions of a recip- 9 ient or a payer of child support including, but not limited to, 10 application for or receipt of public assistance, unemployment 11 compensation, or worker's compensation. 12 (c) Upon receipt of a written request from either party. 13 Within 15 days after receipt of the review request, the office 14 shall determine whether the order is due for review. The office 15 is not required to investigate more than 1 request received from 16 a party each 24 months. 17 (d) If a child is receiving medical assistance, not less 18 than once each 24 months unless either of the following applies: 19 (i) The order requires provision of health care coverage for 20 the child and neither party has requested a review. 21 (ii) The office receives notice from the department of 22 social services that good cause exists not to proceed with sup- 23 port action and neither party has requested a review. 24 (e) If requested by the initiating state for a recipient of 25 services in that state under Part D of title IV of the social 26 security act, 42 U.S.C. 651 to 669 655, 656 TO 660, AND 663 TO 27 669b, not less than once each 24 months. Within 15 days after 04605'01 * 35 1 receipt of a review request, the office shall determine whether 2 an order is due for review. 3 (2) Within 180 days after determining that a review is 4 required under subsection (1), the office shall send notices as 5 provided in section 17b(2) and (3), conduct a review, and obtain 6 a modification of the order if appropriate. 7 (3) The office shall use the child support formula developed 8 by the bureau under section 19 in calculating the child support 9 award. If the office determines from the facts of the case that 10 application of the child support formula would be unjust or inap- 11 propriate, or that income should not be based on actual income 12 earned by the parties, the office shall prepare a written report 13 that includes all of the following: 14 (a) The support amount, based on actual income earned by the 15 parties, determined by application of the child support formula 16 and all factual assumptions upon which that support amount is 17 based. 18 (b) An alternative support recommendation and all factual 19 assumptions upon which the alternative support recommendation is 20 based. 21 (c) How the alternative support recommendation deviates from 22 the child support formula. 23 (d) The reasons for the alternative support recommendation. 24 (e) All evidence known to the friend of the court FAMILY 25 SERVICES ADMINISTRATOR that the individual is or is not able to 26 earn the income imputed to him or her. 04605'01 * 36 1 (4) The office shall petition the court if modification is 2 determined to be necessary under subsection (3) unless either of 3 the following applies: 4 (a) The difference between the existing and projected child 5 support award is within the minimum threshold for modification of 6 a child support amount as established by the formula. 7 (b) The court previously determined that application of the 8 formula was unjust or inappropriate and the office determines 9 under subsection (3) that the facts of the case and the reasons 10 and amount of the prior deviation remain unchanged. 11 (5) A petition for modification may be made at the same time 12 the parties are provided with notice under section 17b(3). A 13 hearing held on a proposed modification shall be scheduled no 14 earlier than 30 days after the date of the notice provided for in 15 section 17b(3). 16 (6) If the office determines there should be no change in 17 the order and a party objects to the determination in writing to 18 the office within 30 days after the date of the notice provided 19 for in section 17b(3), the office shall schedule a hearing before 20 the court. 21 (7) If a support order lacks provisions for health care cov- 22 erage, the office shall petition the court for a modification to 23 require that 1 or both parents obtain or maintain health care 24 coverage for the benefit of each child who is subject to the sup- 25 port order if either of the following is true: 04605'01 * 37 1 (a) Either parent has health care coverage available, as a 2 benefit of employment, for the benefit of the child at a 3 reasonable cost. 4 (b) Either parent is self-employed, maintains health care 5 coverage for himself or herself, and can obtain health care cov- 6 erage for the benefit of the child at a reasonable cost. 7 (8) The office shall determine the costs to each parent for 8 dependent health care coverage and child care costs and shall 9 disclose those costs in the report under section 17b(4). 10 Sec. 17b. (1) Each party subject to a child support order 11 shall be notified of the right to request a review of the order 12 as provided in section 17, and the place and manner in which to 13 make the request. For a domestic relations matter initiated on 14 or after 90 days after the effective date of this section COURT 15 FAMILY SERVICES CASE, the notice shall be provided by the office 16 or, pursuant to court rule, by the plaintiff, using the informa- 17 tional pamphlet required under section 5. Unless notice is pro- 18 vided to the party in the informational pamphlet, no later than 19 180 days after the effective date of this section, the office in 20 each judicial circuit shall send a notice to each party subject 21 to a child support order informing the party of the right to 22 request a review of the order. The notice shall be sent to the 23 party's last known address. 24 (2) The office shall notify each party of a review of a 25 child support order under section 17 at least 30 days before the 26 review is conducted. The notice shall request income, expense, 27 or other information as needed from the party to conduct the 04605'01 * 38 1 review and shall specify the date by which that information is 2 due. The notice shall be sent to each party to his or her last 3 known address. 4 (3) After a review of a child support order has been con- 5 ducted, the office shall notify each party of a proposed increase 6 or decrease in the amount of child support, a proposed modifica- 7 tion to order health care coverage, or a determination that there 8 should be no change in the order. Notice of an increase or 9 decrease in child support or a modification to order health care 10 coverage can be provided by or with a copy of the petition for 11 modification. The notice shall also inform the parties of both 12 of the following: 13 (a) That the party may object to the proposed modification 14 or determination that there should be no change in the order at a 15 hearing before a referee or the court. 16 (b) The time, place, and manner in which to raise 17 objections. 18 (4) The office shall make available to each party and his or 19 her attorney a copy of the written report, transcript, recommen- 20 dation, and supporting documents or a summary of supporting docu- 21 ments prepared or used by the office under section 17 before the 22 court modifies a support order. 23 Sec. 17c. (1) If Michigan is the initiating state in an 24 interstate domestic relations matter COURT FAMILY SERVICES CASE 25 involving child support, the office shall determine whether a 26 review of a support order in another state is appropriate in 04605'01 * 39 1 accordance with section 17 and is appropriate based upon the 2 residence and jurisdiction of the parties. 3 (2) If the office determines that a review of a support 4 order in another state is appropriate, the office shall obtain 5 income, expense, and other information needed to conduct the 6 review from the requesting party or recipient of public assist- 7 ance or medical assistance. 8 (3) The office shall initiate a request for a review within 9 20 calendar days after receipt of the information requested under 10 subsection (2). 11 (4) The office shall forward to a party who resides in 12 Michigan a copy of each notice issued by the responding state in 13 conjunction with the review and modification of a support order, 14 which notice is sent to the office for distribution. 15 Sec. 17d. (1) After a final judgment containing a parenting 16 time order has been entered in a domestic relations matter FOR 17 WHICH THERE IS AN OPEN COURT FAMILY SERVICES CASE, if there is a 18 dispute as to parenting time that is not resolved voluntarily by 19 the parties through a meeting with the COURT FAMILY SERVICES 20 office of the friend of the court under section 11 or through 21 domestic relations mediation under section 13, the office may 22 petition the court for a modification of the parenting time 23 order. A written report and recommendation shall accompany the 24 petition. 25 (2) Before a court hearing on a proposed modification of a 26 parenting time order, the office shall notify both parties of the 04605'01 * 40 1 proposed modification and afford the parties an opportunity for 2 review and comment. 3 Sec. 17e. The office shall utilize guidelines provided in 4 the child support formula developed by the state friend of the 5 court FAMILY SERVICES OFFICE bureau under section 19 to adminis- 6 tratively adjust arrearage payment schedules. In making an 7 administrative adjustment as authorized by this subsection, the 8 office shall follow procedures to afford the payer due process 9 including at least notice, an opportunity for an administrative 10 hearing, and an opportunity for an appeal on the record to an 11 independent administrative or judicial tribunal. 12 Sec. 18. (1) Subject to subsections (3) and (4), upon the 13 request of the office of the friend of the court, any COURT 14 FAMILY SERVICES OFFICE, AN employer or former employer of a 15 parent as defined in section 1 of the office of child support 16 act, 1971 PA 174, MCL 400.231, who is or was employed by the 17 employer as an employee or independent contractor shall provide 18 all of the following information relative to the parent: 19 (a) Full name and address. 20 (b) Social security number. The requirement of this subdi- 21 vision to provide a social security number with the information 22 does not apply if the parent is exempt under federal law from 23 obtaining a social security number or is exempt under federal or 24 state law from disclosure of his or her social security number 25 under these circumstances. The friend of the court FAMILY 26 SERVICES ADMINISTRATOR shall inform the parent of this possible 27 exemption. 04605'01 * 41 1 (c) Date of birth. 2 (d) Amount of wages earned by or other income due the custo- 3 dial parent or absent parent. Both net and gross income shall be 4 reported, regardless of method of payment. 5 (e) The following information concerning the person's cur- 6 rent and former employment status: whether or not the custodial 7 parent or absent parent is currently employed, laid off, on sick, 8 disability, or other leave of absence, or retired, and amount of 9 income due from an employment related benefit plan, if any. 10 (f) Dependent health care coverage available to the custo- 11 dial parent or absent parent as a benefit of employment. 12 (2) The friend of the court FAMILY SERVICES ADMINISTRATOR 13 or his or her designee may issue an administrative subpoena to 14 require any A public or private entity doing business in the 15 state that employs or has employed a parent to furnish any cur- 16 rent employment information in the possession of the entity that 17 pertains to the parent and that is needed to establish, modify, 18 or enforce a support order. The entity's officers or employees 19 shall furnish the information within 15 days after the subpoena 20 is received by the entity. This subsection does not abrogate a 21 confidentiality privilege established by law. 22 (3) A request or subpoena for information under this section 23 shall certify that the information obtained will be treated as 24 confidential and shall not be used or released except for the 25 purposes of administering, enforcing, and complying with state 26 and federal laws governing child support. 04605'01 * 42 1 (4) A former employer is not required to provide information 2 concerning a person who was last employed by the former employer 3 more than 3 years before the date of the request or subpoena for 4 information under this section. 5 (5) This section does not require the creation or mainte- 6 nance of records not otherwise required to be created or main- 7 tained, or require an employer or former employer to discover 8 information not contained in records of, or otherwise known to, 9 the employer or former employer. 10 (6) A copy of information provided to the office under this 11 section shall be made available to the parent, upon his or her 12 request. 13 (7) In the case of disobedience of a request or subpoena for 14 information under this section, the friend of the court FAMILY 15 SERVICES ADMINISTRATOR or his or her designee may petition the 16 circuit court in the county in which the inquiry is being made to 17 require the production of books, papers, and documents. In the 18 case of refusal to obey a subpoena or request for information 19 under this section, a circuit court may issue an order requiring 20 the person or other entity to appear and to produce books, 21 records, and papers if so ordered. Failure to obey the order of 22 the court may be punished by the court as a contempt. 23 (8) An employer, former employer, or other entity is not 24 liable under federal or state law to a person or governmental 25 entity for a disclosure of information to the office under this 26 section or for any other action taken by the employer, former 04605'01 * 43 1 employer, or other entity in good faith to comply with the 2 requirements of this section. 3 Sec. 19. (1) The state friend of the court FAMILY SERV- 4 ICES OFFICE bureau is created within the state court administra- 5 tive office, under the supervision and direction of the supreme 6 court. 7 (2) The bureau shall have its main office in Lansing. 8 (3) The bureau shall do all of the following: 9 (a) Develop and recommend guidelines for conduct, opera- 10 tions, and procedures of the office and its employees, including, 11 but not limited to, the following: 12 (i) Case load and staffing standards for employees who per- 13 form domestic relations mediation functions, investigation and 14 recommendation functions, referee functions, enforcement func- 15 tions, and clerical functions. 16 (ii) Orientation programs for clients of the office. 17 (iii) Public educational programs regarding domestic rela- 18 tions law and community resources, including financial and other 19 counseling, and employment opportunities. 20 (iv) Procedural changes in response to the type of griev- 21 ances received by an office. 22 (v) Model pamphlets and procedural forms, which shall be 23 distributed to each office. 24 (vi) A formula to be used in establishing and modifying a 25 child support amount and health care obligation. The formula 26 shall be based upon the needs of the child and the actual 27 resources of each parent. The formula shall establish a minimum 04605'01 * 44 1 threshold for modification of a child support amount. The 2 formula shall consider the child care and dependent health care 3 coverage costs of each parent. The formula shall include guide- 4 lines for setting and administratively adjusting the amount of 5 periodic payments for overdue support, including guidelines for 6 adjustment of arrearage payment schedules when the current sup- 7 port obligation for a child terminates and the payer owes overdue 8 support. 9 (b) Provide training programs for the friend of the court 10 FAMILY SERVICES ADMINISTRATOR, domestic relations mediators, and 11 employees of the office to better enable them to carry out the 12 duties described in this act and supreme court rules. The train- 13 ing programs shall include training in the dynamics of domestic 14 violence and in handling domestic relations matters that have a 15 history of domestic violence. 16 (c) Gather and monitor relevant statistics. 17 (d) Annually issue a report containing a detailed summary of 18 the types of grievances received by each office, and whether the 19 grievances are resolved or outstanding. The report shall be 20 transmitted to the legislature and to each office and shall be 21 made available to the public. The annual report required by this 22 subdivision shall include, but is not limited to, all of the 23 following: 24 (i) An evaluative summary, supplemented by applicable quan- 25 titative data, of the activities and functioning of each citizen 26 advisory committee during the preceding year. 04605'01 * 45 1 (ii) An evaluative summary, supplemented by applicable 2 quantitative data, of the activities and functioning of the 3 aggregate of all citizen advisory committees in the state during 4 the preceding year. 5 (iii) An identification of problems that impede the effi- 6 ciency of the activities and functioning of the citizen advisory 7 committees and the satisfaction of the users of the committees' 8 services. 9 (e) Develop and recommend guidelines to be used by an office 10 in determining whether or not parenting time has been wrongfully 11 denied by the custodial parent. 12 (f) Develop standards and procedures for the transfer of 13 part or all of the responsibilities for a case from one office to 14 another in situations considered appropriate by the bureau. 15 (g) Certify domestic relations mediation training programs 16 as provided in section 13. 17 (h) Establish a 9-person 9-MEMBER state advisory commit- 18 tee, serving without compensation except as provided in subsec- 19 tion (4), composed of the following members, each of whom is a 20 member of a citizen advisory committee: 21 (i) Three public members who have had contact with an 22 office of the friend of the A court FAMILY SERVICES OFFICE. 23 (ii) Three attorneys who are members of the state bar of 24 Michigan and whose practices are primarily domestic relations 25 law. Not more than 1 attorney may be a circuit court judge. 26 (iii) Three human service professionals who provide family 27 counseling. 04605'01 * 46 1 (i) Cooperate with the office of child support in developing 2 and implementing a statewide information system as provided in 3 the office of child support act, 1971 PA 174, MCL 400.231 to 4 400.239. 5 (j) Develop and make available guidelines to assist the 6 office of the friend of the court FAMILY SERVICES OFFICE in 7 determining the appropriateness in individual cases of the 8 following: 9 (i) Imposing a lien or requiring the posting of a bond, 10 security, or other guarantee to secure the payment of support. 11 (ii) Implementing the offset of a delinquent payer's state 12 income tax refund. 13 (k) Develop and provide the office of the friend of the 14 court FAMILY SERVICES OFFICE with all of the following: 15 (i) Form motions, responses, and orders for use by an indi- 16 vidual in requesting the court to modify his or her child sup- 17 port, custody, or parenting time order, or in responding to a 18 motion for modification without the assistance of legal counsel. 19 (ii) Instructions on preparing and filing the forms, 20 instructions on service of process, and instructions on schedul- 21 ing a support, custody, or parenting time modification hearing. 22 (l) Develop guidelines for, and encourage the use of, plain 23 language within the office of the friend of the court FAMILY 24 SERVICES OFFICE including, but not limited to, the use of plain 25 language in forms and instructions within the office and in 26 statements of account provided as required in section 9. 04605'01 * 47 1 (4) The state advisory committee established under 2 subsection (3)(h) shall advise the bureau in the performance of 3 its duties under this section. The bureau shall make a state 4 advisory committee report or recommendation available to the 5 public. State advisory committee members shall be reimbursed for 6 their expenses for mileage, meals, and, if necessary, lodging, 7 under the schedule for reimbursement established annually by the 8 legislature. A state advisory committee meeting is open to the 9 public. A member of the public attending a state advisory com- 10 mittee meeting shall be given a reasonable opportunity to address 11 the committee on any issue under consideration by the committee. 12 If a vote is to be taken by the state advisory committee, the 13 opportunity to address the committee shall be given before the 14 vote is taken. 15 (5) The bureau may call upon each office of the friend of 16 the court FAMILY SERVICES OFFICE for assistance in performing 17 the duties imposed in this section. 18 Sec. 20. If the family independence agency DEPARTMENT 19 requests information from an office of the friend of the A 20 court FAMILY SERVICES OFFICE, that office may provide the infor- 21 mation requested on a quarterly basis. Not less often than quar- 22 terly, the family independence agency DEPARTMENT shall publish 23 the information received under this section. 24 Sec. 22. If the friend of the court FAMILY SERVICES 25 ADMINISTRATOR serving a judicial circuit is not an attorney who 26 is a member of the state bar of Michigan and that office does not 27 employ such an attorney, the chief judge may appoint an attorney 04605'01 * 48 1 who is a member of the state bar of Michigan to assist the 2 friend of the court FAMILY SERVICES ADMINISTRATOR when legal 3 assistance is necessary to carry out the duties imposed in this 4 act. An attorney appointed under this section to assist an 5 office shall be compensated in a reasonable amount, based upon 6 time and expenses, to be determined by the county board or boards 7 of commissioners of the judicial circuit served by that office. 8 If the judicial circuit is one in which the employees serving in 9 the circuit court are employees of the state judicial council, 10 the compensation of an attorney appointed under this section 11 shall be paid by the state and fixed by the state judicial coun- 12 cil as provided in section 9104 of the revised judicature act of 13 1961, Act No. 236 of the Public Acts of 1961, being section 14 600.9104 of the Michigan Compiled Laws. 15 Sec. 23. (1) If the position of friend of the court 16 FAMILY SERVICES ADMINISTRATOR becomes vacant for any reason, the 17 chief judge shall appoint a person to the position of friend of 18 the court FAMILY SERVICES ADMINISTRATOR not later than 6 months 19 after the vacancy occurs. An appointment under this subsection 20 is not effective until approved by a majority of the circuit, 21 probate, and district court judges serving in all districts that 22 have any area in common with the geographic area served by that 23 friend of the court FAMILY SERVICES ADMINISTRATOR. 24 (2) If necessary, the chief judge may appoint an interim 25 friend of the court FAMILY SERVICES ADMINISTRATOR to serve for 26 not longer than 6 months until a friend of the court FAMILY 04605'01 * 49 1 SERVICES ADMINISTRATOR is appointed and approved under subsection 2 (1). 3 (3) A friend of the court FAMILY SERVICES ADMINISTRATOR 4 appointed under this section is an at-will employee and shall 5 demonstrate experience or education in 1 or more of the following 6 areas: 7 (a) A human service or behavioral science field. 8 (b) Family law. 9 (c) Administration. 10 Sec. 24. (1) The chief judge annually shall review the per- 11 formance record of each friend of the court FAMILY SERVICES 12 ADMINISTRATOR serving that circuit to determine whether the 13 friend of the court FAMILY SERVICES ADMINISTRATOR is guilty of 14 misconduct, neglect of statutory duty, or failure to carry out 15 written orders of the court relative to a statutory duty; whether 16 the purposes of this act are being met; and whether the duties of 17 the friend of the court FAMILY SERVICES ADMINISTRATOR are being 18 carried out in a manner that reflects the needs of the community 19 being served. Public notice of the annual review shall be 20 given. 21 (2) Members of the public may submit written comments to the 22 chief judge or county board relating to the criteria in subsec- 23 tion (1). The citizen advisory committee may advise the court 24 and the county board regarding the criteria in subsection (1). 25 The court shall prepare a written evaluation, which shall include 26 a summary of any public comments received and of any citizen 27 advisory committee report or recommendation. The court and 04605'01 * 50 1 county board may also, in a written response, address the 2 recommendation of the citizen's advisory committee concerning the 3 general operations of the citizen's advisory committee. The 4 friend of the court FAMILY SERVICES ADMINISTRATOR and the 5 bureau shall each receive a copy of the evaluation. The friend 6 of the court FAMILY SERVICES ADMINISTRATOR shall have an oppor- 7 tunity to make a written response to the evaluation. A copy of 8 the response shall be included with the evaluation. 9 Sec. 25. The chief judge may remove the friend of the 10 court FAMILY SERVICES ADMINISTRATOR. A removal under this sec- 11 tion is not effective until approved by a majority of the cir- 12 cuit, probate, and district court judges serving in all districts 13 that have an area in common with the geographic area served by 14 that friend of the court FAMILY SERVICES ADMINISTRATOR. 15 Sec. 26. (1) A party to a domestic relations matter COURT 16 FAMILY SERVICES CASE who has a grievance concerning office opera- 17 tions or employees shall utilize the following grievance 18 procedure: 19 (a) File the grievance, in writing, with the appropriate 20 friend of the court FAMILY SERVICES office. The office shall 21 cause the grievance to be investigated and decided as soon as 22 practicable. Within 30 days after a grievance is filed, the 23 office shall respond to the grievance or issue a statement to the 24 party filing the grievance stating the reason a response is not 25 possible within that time. 26 (b) A party who is not satisfied with the decision of the 27 office under subdivision (a) may file a further grievance, in 04605'01 * 51 1 writing, with the chief judge. The chief judge shall cause the 2 grievance to be investigated and decided as soon as practicable. 3 Within 30 days after a grievance is filed, the court shall 4 respond to the grievance or issue a statement to the party filing 5 the grievance stating the reason a response is not possible 6 within that time. 7 (2) Each office shall maintain a record of grievances 8 received and a record of whether the grievance is decided or 9 outstanding. The record shall be transmitted not less than bian- 10 nually to the bureau. Each office shall provide public access to 11 the report of grievances prepared by the bureau under section 12 19. 13 (3) In addition to the grievance procedure provided in sub- 14 section (1), a party to a domestic relations matter COURT 15 FAMILY SERVICES CASE who has a grievance concerning office opera- 16 tions may file, at any time during the proceedings, the grievance 17 in writing with the appropriate citizen advisory committee. In 18 its discretion, the citizen advisory committee shall conduct a 19 review or investigation of, or hold a formal or informal hearing 20 on, a grievance submitted to the committee. The citizen advisory 21 committee may delegate its responsibility under this subsection 22 to subcommittees appointed as provided in section 4a. 23 (4) In addition to action taken under subsection (3), the 24 citizen advisory committee shall establish a procedure for ran- 25 domly selecting grievances submitted directly to the office of 26 the friend of the court FAMILY SERVICES OFFICE. The citizen 27 advisory committee shall review the response of the office to 04605'01 * 52 1 these grievances and report its findings to the court and the 2 county board, either immediately or in the committee's annual 3 report. 4 (5) The citizen advisory committee shall examine the griev- 5 ances filed with the friend of the court FAMILY SERVICES 6 ADMINISTRATOR under this section and shall review or investigate 7 each grievance that alleges that a decision was made based on 8 gender rather than the CHILD'S best interests. of the child. 9 (6) If a citizen advisory committee reviews or investigates 10 a grievance, the committee shall respond to the grievance as soon 11 as practicable. 12 (7) A grievance filed under subsection (3) is limited to 13 office operations, and the citizen advisory committee shall 14 inform an individual who files with the committee a grievance 15 that concerns an office employee or a court or office decision or 16 recommendation regarding a specific case that such a matter is 17 not a proper subject for a grievance. 18 Sec. 27. (1) Except as provided in subsections (2) and 19 (3), the THE compensation and expenses of the friend of the 20 court FAMILY SERVICES ADMINISTRATOR for each judicial circuit and 21 of the employees of the office and all operating expenses 22 incurred by the office shall be fixed by the chief judge as pro- 23 vided in section 591 of the revised judicature act of 1961, Act 24 No. 236 of the Public Acts of 1961, being section 600.591 of the 25 Michigan Compiled Laws 1961 PA 236, MCL 600.591. The compensa- 26 tion and expenses shall be paid by the county treasurer from the 27 general fund, and the friend of the court FAMILY SERVICES 04605'01 * 53 1 OFFICE fund created under section 2530 of the revised judicature 2 act of 1961, Act No. 236 of the Public Acts of 1961, being sec- 3 tion 600.2530 of the Michigan Compiled Laws 1961 PA 236, MCL 4 600.2530, of the county or counties served. 5 (2) In the third judicial circuit the compensation of the 6 friend of the court and the employees of the state judicial coun- 7 cil serving in the third judicial circuit and supervised by the 8 friend of the court shall be paid by the state and shall be fixed 9 as provided in sections 592 and 9104 of the revised judicature 10 act of 1961, Act No. 236 of the Public Acts of 1961, being sec- 11 tions 600.592 and 600.9104 of the Michigan Compiled Laws. 12 Pursuant to section 595(1) of Act No. 236 of the Public Acts of 13 1961, being section 600.595 of the Michigan Compiled Laws, the 14 state shall maintain and operate the office of the friend of the 15 court as the successor to the friend of the court appointed under 16 former Act No. 412 of the Public Acts of 1919. 17 (3) In any other judicial circuit in which employees serving 18 in the circuit court are employees of the state judicial council, 19 the compensation of the friend of the court and the employees of 20 the state judicial council serving in that judicial circuit and 21 supervised by the friend of the court shall be paid by the state 22 and shall be fixed as provided in section 9104 of the revised 23 judicature act of 1961, Act No. 236 of the Public Acts of 1961. 24 Sec. 28. Each office of the friend of the court FAMILY 25 SERVICES OFFICE shall compile data on the number and type of com- 26 plaints regarding support and parenting time. The data shall 27 include, but need not be limited to, the number of cases in which 04605'01 * 54 1 a party fails to appear at a show cause hearing and the number of 2 cases in which a bench warrant is issued for failure to appear. 3 The data compiled under this section shall be transmitted at 4 least annually in a report to the office of the state court 5 administrator. The following specific information shall also be 6 compiled: 7 (a) The number of state or federal income tax intercepts 8 subsequently found to be based on inaccurate information or 9 employee error. 10 (b) The number of support orders modified due to inaccurate 11 information or employee error. 12 (c) The number of grievances filed in a calendar year, the 13 nature of each grievance, the judicial response to each griev- 14 ance, and any sanction imposed as a result of each grievance. 15 (d) The number of custody recommendations recommending phys- 16 ical custody to the mother, the father, or a third party. 17 (e) The number of makeup parenting time petitions filed, the 18 number of hearings held on makeup parenting time petitions, the 19 number of instances makeup parenting time is ordered, and the 20 amount of makeup parenting time that is ordered. 21 (f) The number of reviews completed in a calendar year. 22 Enacting section 1. Sections 17a and 21 of the friend of 23 the court act, 1982 PA 294, MCL 552.517a and 552.521, are 24 repealed. 04605'01 * Final page. GWH