HB-5466, As Passed House, December 10, 2014HB-5466, As Passed Senate, December 10, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5466

     A bill to amend 1956 PA 205, entitled

"The paternity act,"

by amending section 4 (MCL 722.714), as amended by 1998 PA 113.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 4. (1) An action under this act shall be brought in the

circuit court by the mother, the father, a child who became 18

years of age after August 15, 1984 and before June 2, 1986, or the

family independence agency department of human services as provided

in this act. The Michigan court rules for civil actions apply to

all proceedings under this act. A complaint shall be filed in the

county where the mother or child resides. If both the mother and

child reside outside of this state, then the complaint shall be

filed in the county where the putative father resides or is found.

The fact that the child was conceived or born outside of this state

is not a bar to entering a complaint against the putative father.

     (2) An action to determine paternity shall not be brought

under this act if the child's father acknowledges paternity under

the acknowledgment of parentage act, or if the child's paternity is

established under the law of another state.

     (3) An action under this act may be commenced during the

pregnancy of the child's mother or at any time before the child

reaches 18 years of age. For a child who became 18 years of age

after August 15, 1984 and before June 2, 1986, an action under this

act may be commenced before January 1, 1995. This subsection

applies regardless of whether the cause of action accrued before

June 1, 1986 and regardless of whether the cause of action was

barred under this subsection before June 1, 1986. A summons issued

under this section shall be in the form the court determines and

shall be served in the same manner as is provided by court rules

for the service of process in civil actions.

     (4) If the county family independence agency department of

human services of the county in which the mother or alleged father

resides first determines that she or he has physical possession of

the child and is eligible for public assistance or without means to

employ an attorney; if the family independence agency department of

human services is the complainant; or if the mother, alleged

father, or child is receiving services under part D of title IV of

the social security act, 42 U.S.C. USC 651 to 667, 669b, then the

prosecuting attorney or an attorney employed by the county under

section 1 of 1941 PA 15, MCL 49.71, shall initiate and conduct

proceedings under this act. The prosecuting attorney shall utilize

the child support formula developed under section 19 of the friend

of the court act, 1982 PA 294, MCL 552.519, shall be used as a

guideline in petitioning for child support. A complaint filed under

this act shall be verified by oath or affirmation.

     (5) The prosecuting attorney and the department of human

services may enter into an agreement to transfer the prosecutor's

responsibilities under this act to 1 of the following:

     (a) The friend of the court, with the approval of the chief

judge of the circuit court.

     (b) An attorney employed or contracted by the county under

section 1 of 1941 PA 15, MCL 49.71.

     (c) An attorney employed by or under contract with the

department of human services.

     (6) A proceeding under this section is conducted on behalf of

the state and not as the attorney for any other party.

(7) (5) The party filing the complaint shall name the person

believed to be the father of the child and state in the complaint

the time and place, as near as possible, when and where the mother

became pregnant. If the family independence agency department of

human services is the plaintiff, the required facts shall be stated

upon information and belief.

(8) (6) Upon the filing of a complaint, the court shall issue

a summons against the named defendant. If the defendant does not

file and serve a responsive pleading as required by the court

rules, the court may enter a default judgment. Neither party is

required to testify before entry of a default judgment in a

proceeding under this act.

(9) (7) If, after service of process, the parties fail to

consent to an order naming the man as the child's father as

provided in this act within the time permitted for a responsive

pleading, then the family independence agency department of human

services or its designee may file and serve both the mother and the

alleged father with a notice requiring that the mother, alleged

father, and child appear for genetic paternity testing as provided

in section 6.

(10) (8) If the mother, alleged father, or child does not

appear for genetic paternity testing as provided in subsection (7),

(9), then the family independence agency department of human

services or its designee may apply to the court for an order

compelling genetic paternity tests as provided in section 6 or may

seek other relief as permitted by statute or court rule.

(11) (9) It is unnecessary in any proceedings under this act

commenced by or against a minor to have a next friend or guardian

ad litem appointed for the minor unless required by the circuit

judge. A minor may prosecute or defend any proceedings in the same

manner and with the same effect as if he or she were of legal age.

(12) (10) If a child born out of wedlock is being supported in

whole or in part by public assistance, including medical

assistance, the family independence agency department of human

services may file a complaint on behalf of the child in the circuit

court in the county in which the child resides. The mother or

alleged father of the child shall be made a party plaintiff and

notified of the hearing on the complaint by summons. The complaint

made by the family independence agency department of human services

shall be verified by the director of the family independence

agency, department of human services, or his or her designated

representative, or by the director of the county family

independence agency department of human services of the county in

which an action is brought, or the county director's designated

representative.

(13) (11) 1986 PA 107, which added this subsection, does not

affect the rights of an indigent defendant in proceedings under

this act as established by decisions of the courts of this state

before June 1, 1986.

(14) (12) If a determination of paternity is made under this

act, the court may enter an order of filiation as provided in

section 7. Regardless of who commences an action under this act, an

order of filiation entered under this act has the same effect, is

subject to the same provisions, and is enforced in the same manner

as an order of filiation entered on complaint of the mother or

father.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.