HOUSE BILL No. 6663

 

November 13, 2008, Introduced by Rep. Meisner and referred to the Committee on Judiciary.

 

     A bill to amend 1982 PA 294, entitled

 

"Friend of the court act,"

 

by amending section 13 (MCL 552.513), as amended by 2002 PA 571.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 13. (1) The office shall provide, either directly or by

 

contract, domestic relations mediation to assist the parties in

 

settling voluntarily a dispute concerning child custody or

 

parenting time that arises in a friend of the court case. Parties

 

shall not be required to meet with a domestic relations mediator.

 

The service may be provided directly by the office only if such a

 

service is in place on July 1, 1983, if the service is not

 

available from a private source, or if the court can demonstrate

 

that providing the service within the friend of the court office is

 

cost beneficial. Any expansion of existing services provided by the

 


court on July 1, 1983 shall be provided by an individual meeting

 

the domestic relations mediator minimum qualifications listed under

 

subsection (4).

 

     (2) If an agreement is reached by the parties through domestic

 

relations mediation, a consent order incorporating the agreement

 

shall be prepared by an employee of the office who is a member of

 

the state bar of Michigan; under section 22, by a member of the

 

state bar of Michigan; or by the attorney for 1 of the parties. The

 

consent order shall be provided to, and shall be entered by, the

 

court.

 

     (3) Except as provided in subsection (2), a communication

 

between a domestic relations mediator and a party to a domestic

 

relations mediation is confidential. The secrecy of the

 

communication shall be preserved inviolate as a privileged

 

communication. The communication shall not be admitted in evidence

 

in any proceedings. The same protection shall be given to

 

communications between the parties in the presence of the mediator.

 

For purposes of this section, privileged communications include

 

psychological evaluations and psychological tests.

 

     (4) A domestic relations mediator who performs mediation under

 

this act shall have all of the following minimum qualifications:

 

     (a) One or more of the following:

 

     (i) A license or a limited license to engage in the practice of

 

psychology under parts 161 and 182 of the public health code, 1978

 

PA 368, MCL 333.16101 to 333.16349 and 333.18201 to 333.18237, or a

 

master's degree in counseling, social work, or marriage and family

 

counseling; and successful completion of the training program

 


provided by the bureau under section 19(3)(b).

 

     (ii) Not less than 5 years of experience in family counseling,

 

preferably in a setting related to the areas of responsibility of

 

the friend of the court and preferably to reflect the ethnic

 

population to be served, and successful completion of the training

 

program provided by the bureau under section 19(3)(b).

 

     (iii) A graduate degree in a behavioral science and successful

 

completion of a domestic relations mediation training program

 

certified by the bureau with not less than 40 hours of classroom

 

instruction and 250 hours of practical experience working under the

 

direction of a person who has successfully completed a program

 

certified by the bureau.

 

     (iv) Membership in the state bar of Michigan and successful

 

completion of the training program provided by the bureau under

 

section 19(3)(b).

 

     (b) Knowledge of the court system of this state and the

 

procedures used in domestic relations matters.

 

     (c) Knowledge of other resources in the community to which the

 

parties to a domestic relations matter can be referred for

 

assistance.

 

     (d) Knowledge of child development, clinical issues relating

 

to children, the effects of divorce on children, and child custody

 

research.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 6659(request no.

 


07492'08).

 

     (b) Senate Bill No.____ or House Bill No. 6660(request no.

 

07492'08 a).

 

     (c) Senate Bill No.____ or House Bill No. 6661(request no.

 

07492'08 b).

 

     (d) Senate Bill No.____ or House Bill No. 6662(request no.

 

07492'08 c).

 

     (e) Senate Bill No.____ or House Bill No. 6664(request no.

 

07492'08 e).