Opinion
99-61.
December 8, 2000.
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendments of Rule 3.218 of the Michigan Court Rules are adopted, to be effective April 1, 2001.
[The present language is amended as indicated below.]
Rule 3.218 Access to Friend of the Court Records
(A) General Definitions. When used in this subrule, unless the context indicates otherwise,
(1) "records" means paper files, computer files, microfilm, microfiche, audio tape, video tape, and photographs;
(2) "access" means inspection of records, obtaining copies of records upon receipt of payment for costs of reproduction, and oral transmission by staff of information contained in friend of the court records;
(3) "confidential information" means
(a) staff notes from investigations, mediation sessions, and settlement conferences;
(b) Department of Social Services Family Independence Agency protective services reports;
(c) formal mediation records;
(d) communications from minors;
(e) friend of the court grievances filed by the opposing party and the responses;
(f) a party's address or any other information if release is prohibited by a court order; and (g) except as provided in MCR 3.219, any information for which a privilege could be claimed, or that was provided by a governmental agency subject to the express written condition that it remain confidential; and
(g h) all information classified as confidential by the laws and regulations of title IV, part D of the Social Security Act, 42 U.S.C. § 651 et seq.
(B) A party, third-party custodian, guardian, guardian ad litem or counsel for a minor, lawyer-guardian ad litem, and an attorney of record must be given access to friend of the court records related to the case, other than confidential information.
(C) A citizen advisory committee established under the Friend of the Court Act, MCL 552.501 et seq .; MSA 25.176(1) et seq .,
(1) shall be given access to a grievance filed with the friend of the court, and to information related to the case, other than confidential information;
(2) may be given access to confidential information related to a grievance if the court so orders, upon clear demonstration by the committee that the information is necessary to the performance of its duties and that the release will not impair the rights of a party or the well-being of a child involved in the case.
When a citizen advisory committee requests information that may be confidential, the friend of the court shall notify the parties of the request and that they have 14 days from the date the notice was mailed to file a written response with the court. If the court grants access to the information, it may impose such terms and conditions as it determines are appropriate to protect the rights of a party or the well-being of a child.
(C D) Protective services personnel from the Department of Social Services Family Independence Agency must be given access to friend of the court records related to the investigation of alleged abuse and neglect.
(D E) The prosecuting attorney and personnel from the Office of Child Support and the Department of Social Services Family Independence Agency must be given access to friend of the court records required to perform the functions required by title IV, part D of the Social Security Act, 42 U.S.C. § 651 et seq.
(E F) Auditors from state and federal agencies must be given access to friend of the court records required to perform their audit functions.
(F G) Any person who is denied access to friend of the court records or confidential information may file a motion for an order of access with the judge assigned to the case or, if none, the chief judge.
(G H) A court, by administrative order adopted pursuant to MCR 8.112(B), may make reasonable regulations necessary to protect friend of the court records and to prevent excessive and unreasonable interference with the discharge of friend of the court functions.
Staff Comment: The December 7, 2000 amendments of MCR 3.218, effective April 1, 2001, are consistent with changes made effective March 1, 1999, to the Child Custody Act, MCL 722.21 et seq.; MSA 25.312(1) et seq., and the Friend of the Court Act, MCL 552.501 et seq.; MSA 25.176(1) et seq.