HB-5463, As Passed House, September 17, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5463

A bill to amend 1956 PA 205, entitled

"The paternity act,"

by amending sections 6 and 7 (MCL 722.716 and 722.717), section 6

as amended by 2000 PA 31 and section 7 as amended by 2009 PA 235.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 6. (1) In a proceeding under this act before trial, the

court, upon application made by or on behalf of either party, or on

its own motion, shall order that the mother, child, and alleged

father submit to blood or tissue typing determinations ~~, which~~ that

may include, but are not limited to, determinations of red cell

antigens, red cell isoenzymes, human leukocyte antigens, serum

proteins, or DNA identification profiling, to determine whether the

alleged father is likely to be, or is not, the father of the child.

If the court orders a blood or tissue typing or DNA identification

profiling to be conducted and a party refuses to submit to the

typing or DNA identification profiling, in addition to any other

remedies available, the court may do either of the following:

(a) Enter a default judgment at the request of the appropriate

party.

(b) If a trial is held, allow the disclosure of the fact of

the refusal unless good cause is shown for not disclosing the fact

of refusal.

(2) A blood or tissue typing or DNA identification profiling

shall be conducted by a person accredited for paternity

determinations by a nationally recognized scientific organization,

including, but not limited to, the American association of blood

banks.

(3) The court shall fix the compensation of an expert at a

reasonable amount and may direct the compensation to be paid by the

county or by any other party to the case, or by both in the

proportions and at the times the court prescribes. Before blood or

tissue typing or DNA identification profiling is conducted, the

court may order a part or all of the compensation paid in advance.

If the ~~family independence agency~~ department of human services paid

for the genetic testing expenses, the court may order repayment by

the alleged father if the court declares paternity. Documentation

of the genetic testing expenses is admissible as evidence of the

amount, which evidence constitutes prima facie evidence of the

amount of those expenses without third party foundation testimony.

(4) Subject to subsection (5), the result of blood or tissue

typing or a DNA identification profile and the summary report shall

be served on the mother and alleged father. The summary report

shall be filed with the court. Objection to the DNA identification

profile or summary report is waived unless made in writing, setting

forth the specific basis for the objection, within 14 calendar days

after service on the mother and alleged father. The court shall not

schedule a trial on the issue of paternity until after the

expiration of the 14-day period. If an objection is not filed, the

court shall admit in proceedings under this act the result of the

blood or tissue typing or the DNA identification profile and the

summary report without requiring foundation testimony or other

proof of authenticity or accuracy. If an objection is filed within

the 14-day period, on the motion of either party, the court shall

hold a hearing to determine the ~~admissiblity~~ admissibility of the

DNA identification profile or summary report. The objecting party

has the burden of proving by clear and convincing evidence by a

qualified person described in subsection (2) that foundation

testimony or other proof of authenticity or accuracy is necessary

for admission of the DNA identification profile or summary report.

(5) If the probability of paternity determined by the

qualified person described in subsection (2) conducting the blood

or tissue typing or DNA identification profiling is 99% or higher,

and the DNA identification profile and summary report are

admissible as provided in subsection (4), paternity is ~~presumed.~~

established. If the results of the analysis of genetic testing

material from 2 or more persons indicate a probability of paternity

greater than 99%, the contracting laboratory shall conduct

additional genetic paternity testing until all but 1 of the

putative fathers is eliminated, unless the dispute involves 2 or

more putative fathers who have identical DNA.

(6) ~~Upon the establishment of the presumption of paternity as~~

~~provided in subsection (5), either party may move for summary~~

~~disposition under the court rules.~~ This section does not abrogate

the right of either party to child support from the date of birth

of the child if applicable under section 7.

Sec. 7. (1) In an action under this act, the court shall enter

an order of filiation declaring paternity and providing for the

support of the child under 1 or more of the following

circumstances:

(a) The finding of the court or the verdict determines that

the man is the father.

(b) The defendant acknowledges paternity either orally to the

court or by filing with the court a written acknowledgment of

paternity.

judgment is entered against him or her.

(d) Genetic testing under section 6 determines that the man is

the father.

(2) An order of filiation entered under subsection (1) shall

specify the sum to be paid weekly or otherwise, as prescribed in

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

PA 295, MCL 552.605, until the child reaches the age of 18. Subject

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

1982 PA 295, MCL 552.605b, the court may also order support for a

child after he or she reaches 18 years of age. In addition to

providing for the support of the child, the order shall also

provide for the payment of the necessary expenses connected to the

mother's pregnancy and the birth of the child and for the funeral

expenses if the child has died, as determined by the court under

section 2. A child support obligation is only retroactive to the

date that the paternity complaint was filed unless any of the

following circumstances exist:

(a) The defendant was avoiding service of process.

(b) The defendant threatened or coerced through domestic

violence or other means the complainant not to file a proceeding

under this act.

support obligation.

(3) A judgment or order entered under this act providing for

the support of a child or payment of expenses connected to the

mother's pregnancy or the birth of the child is enforceable as

provided in the support and parenting time enforcement act, 1982 PA

295, MCL 552.601 to 552.650. If this act contains a specific

provision regarding the contents or enforcement of a support order

that conflicts with a provision in the support and parenting time

enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act

controls in regard to that provision.

(4) Upon entry of an order of filiation, the clerk of the

court shall collect a fee of $9.00 for entering the order and the

fee imposed by section 2891(9)(a) of the public health code, 1978

PA 368, MCL 333.2891, from the person against whom the order of

filiation is entered. The clerk shall retain the $9.00 fee and

remit the fee imposed by section 2891(9)(a) of the public health

code, 1978 PA 368, MCL 333.2891, with a written report of the order

of filiation, to the director of the department of community

health. The report shall be on a form prescribed by or in a manner

approved by the director of the department of community health.

Regardless of whether the fees required by this section are

collected, the clerk shall transmit and the department of community

health shall receive the report of the order of filiation.

(5) If an order of filiation or acknowledgment of parentage is

abrogated by a later judgment or order of a court, the clerk of the

court that entered the order shall immediately communicate that

fact to the director of the department of community health on a

form prescribed by the director of the department of community

health. An order of filiation supersedes an acknowledgment of

parentage.

(6) Within the time prescribed by court rule, the party,

attorney, or agency that secures the signing of an order of

filiation shall serve a copy of the order on all parties to the

action and file proof of service with the court clerk.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

(a) House Bill No. 5464.

(b) House Bill No. 5465.