SB-0714, As Passed House, December 13, 2005

SUBSTITUTE FOR

SENATE BILL NO. 714

     A bill to amend 1970 PA 91, entitled

"Child custody act of 1970,"

by amending section 2 (MCL 722.22), as amended by 2004 PA 542.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. As used in this act:

     (a) "Active military duty" means when a reserve unit member or

national guard unit member is called into active military duty.

(b)  (a) "Agency" means a legally authorized public or

private organization, or governmental unit or official, whether of

this state or of another state or country, concerned in the welfare

of minor children, including a licensed child placement agency.

(c)  (b) "Attorney" means, if appointed to represent a child

under this act, an attorney serving as the child's legal advocate

in a traditional attorney-client relationship with the child, as

governed by the Michigan rules of professional conduct. An attorney

defined under this subdivision owes the same duties of undivided

loyalty, confidentiality, and zealous representation of the child's

expressed wishes as the attorney would to an adult client.

(d)  (c) "Child" means minor child and children. Subject to

section 5b of the support and parenting time enforcement act, 1982

PA 295, MCL 552.605b, for purposes of providing support, child

includes a child and children who have reached 18 years of age.

(e)  (d) "Grandparent" means a natural or adoptive parent of

a child's natural or adoptive parent.

(f)  (e) "Guardian ad litem" means an individual whom the

court appoints to assist the court in determining the child's best

interests. A guardian ad litem does not need to be an attorney.

(g)  (f) "Lawyer-guardian ad litem" means an attorney

appointed under section 4. A lawyer-guardian ad litem represents

the child, and has the powers and duties, as set forth in section

4.

(h)  (g) "Parent" means the natural or adoptive parent of a

child.

(i)  (h) "State disbursement unit" or "SDU" means the entity

established in section 6 of the office of child support act, 1971

PA 174, MCL 400.236.

(j)  (i) "Third person" means an individual other than a

parent.

     Enacting section 1.  This amendatory act does not take effect

unless House Bill No. 5100 of the 93rd Legislature is enacted into

law.