LEGISLATIVE UPDATE

BY Jenny McNeill (muskegon)

The Legislature is now in the second year of the two-year session. The bills introduced in the first year carry over to this year. The bills we need to pay close attention to are the joint custody / parenting bills.

DOMESTIC RELATIONS

HB 4195 AMENDMENT DIVORCE COMPLAINTS
​​This bill amendment indicates a complaint for divorce is not made available on public record until a proof of service is filed or 92 days have expired from the date the complaint was filed, whichever occurs first.

          Status: This bill was passed and became effective October 1, 2022.

HB 4226, 4227, 4229 AMEND THE AGE OF CONSENT TO MARRY
This bill package amendment would amend the age to marry to eighteen (18) after December 21, 2021 (it’s 16 until then).

          Status: This bill package has been referred to the House Committee on Families, Children and Seniors on 2/11/21, but nothing has occurred since then.


HB 5191, 5192, 5193, 5196, 5209, 5210, 5214, 5218, 5241, 5243 GENDER NEUTRAL LANGUAGE
This bill package amendment would make certain references in the statutes gender neutral.

          Status: This bill package has been referred to Committee on Government Operations on 7/1/2021, but nothing has occurred since then.


HB 5443
This bill makes the process for setting the bond at arraignment (for felony support cases) the same as in the code of criminal procedure.

          Status: The bill was introduced on 10/20/21 and referred to the Committee on Judiciary. Nothing has happened since then.


HB 5459 BEST INTEREST FACTORS – PRESUMPTION OF EQUAL PARENTING TIME
This bill adds to the best interest factors. It states that when making a best interest determination, the court must make findings and conclusions of law in writing. It also adds a presumption that equal or approximately equal parenting time is in the best interests of a child. The presumption could only be rebutted by clear and convincing evidence that it is not in the  best interest of the child.

          Status: This bill was referred to Families, Children and Seniors Committee on 10/21/21. Nothing has occurred since then.


HB 5460 – JOINT CUSTODY
This bill states that in custody disputes, the parties must be advised by the court of the presumption of equal or approximately equal parenting time. In disputes, the court must presume that the best interests of the child are served by equal or approximately equal parenting time. The bill also adds that in Paternity actions, the notice must include the right to equal parenting time. The bill clearly states that the children will reside equally with each parent.

          Status: This bill was referred to Families, Children and Seniors Committee on 10/21/21. Nothing has occurred since then.


HB 5464 – FOOD ASSISTANCE/CHILD SUPPORT ENFORCEMENT
This bill states that DHHS shall require food assistance recipients to cooperate with the child support enforcement program.

          Status: This bill was referred to Families, Children and Seniors Committee on 10/21/21. Nothing has occurred since then.


HB 5860/5861 – PREGNANCY INSURANCE EXPENSES – FATHER TO PAY NOT LESS THAN 50%
This bill states that a father of a child must pay not less than 50% of the mother’s pregnancy expenses. The Father could pay more, but not less. Pregnancy expenses include the mother’s health insurance premiums and medical costs related to the pregnancy as of the date prenatal care began.

          Status: This bill was referred to the Committee of Judiciary on 3/1/22. A fiscal analysis was introduced 5/3/22.

JUVENILE

HB 4093 AMEND PROBATE CODE
This bill would amend the Probate Code. The amendment results in expunction of crimes resulting from being a victim of human trafficking.

          Status: This bill was referred to the House Committee on Judiciary. No activity since last report.


HB 4109/4110 AMEND JUVENILE FACILITIES ACT / YOUTH REHABILITATION SERVICES ACT
These bills would amend the statutory language to remove references to prostitution/prostitute and replace with commercial sexual activity.

          Status: These bills have been referred to the House Committee on Judiciary in February. No meeting dates have been set. No activity since last report.


HB 4182 AMEND JUVENILE CODE
This bill would amend the juvenile code’s definition of sibling to include step-siblings.

          Status: This bill was referred to the House Committee on Families, Children and Seniors. No meetings have been set. No activity since the last report.


HB 4640 MODIFIES DEFINITION OF NEGLECT
This bill would add the term threatened harm to the definition of neglect in MCL 722.602.

          Status: This bill was referred to the Committee on Health Policy and Human Services on 6/23/22.


HB 4987, 4988, 4989, 4990 and 4991 ELIMINATE FEES
This bill package would eliminate fees/costs for consent calendar services, diversion services, DNA fees, attorney fees, etc.

          Status: This bill package was referred to Judiciary on 6/10/21. No activity since the last report.


SB 824, 825, 848, 849, 850, 851
HB 5941, 5942, 5942, 5944 – LIFE SENTENCES FOR JUVENILES
These bills eliminate life sentences for juveniles.

          Status: These bills were referred to the Committee of Judiciary a on 3/23/22.


HB 5974, 6073, 6074, AND 6075 – DEFINITION OF “RELATIVE” FOR PLACEMENT PURPOSES (amends juvenile code, probate code, guardianship assistance act and child care licensing act)
This bill would amend the definition of the term “relative” to mean either:
​

(1) an individual who is at least 18, who is related to a child within the 5th degree by blood, marriage or addition including, the spouse of individual related to the child within the 5th degree, even after the marriage has ended by death or divorce; the parent who shares custody of a half-sibling of the child; the parent of a man whom the court has found probable cause to believe is the putative father of the child if there is no man with legally established rights to the child or

​(2) an individual who is at least 18 years old who is not related to a child within the fifth degree by blood, marriage or adoption but who has a strong emotional tie or role in the child’s life (or in the child’s parent’s life, if the child is an infant) as determined by DHHS or if an Indian child, as determined by the Indian child’s tribe.

          Status: Passed and given immediate effect 9/20/22, and presented to the Governor on 9/26/22.


HB 5274 – 5278 – CENTRAL REGISTRY
This bill package would amend child protection laws, most specifically the Central Registry. The bills list particular abuse that would lead to a person being added to the Registry, and eliminate the current risk assessment tool. Definitions of many terms are included, some of them changing current terms (for example, substantiated would instead be called “confirmed”) The filing of a court petition would not automatically mean that the individuals are placed on the registry. There is also a process for people who are substantiated, but not on the registry to expunge or amend that substantiation. The expungement process (from central registry) would also change, which would potentially allow for more removals from the registry. (The December 2021 Family Law Journal has an article discussing the bills in more depth.)

          Status: The bills signed by the Governor on 5/5/22 with immediate effect.


HB 5975 – LGAL TRAINING
This bill would require a lawyer-guardian ad litem to participate in trauma informed training if provided by SCAO.

          Status: Passed by the House on 5/24/22. Transmitted to the Senate and referred to the Committee on Health Policy and Human Services on 5/26/22.


All of the above legislation can be accessed at:  Michigan Legislature