Opinion
No. 99-61.
May 23, 2000.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 3.218 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be 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) [Unchanged.]
(2) [Unchanged.]
(3) "confidential information" means
(a) staff notes from investigations, mediation sessions, and settlement conferences;
(b)Department of Social ServicesFamily Independence Agency protective service 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
((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.gh) 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.
(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 ) [Re-lettered, but otherwise unchanged.]
( F G ) [Re-lettered, but otherwise unchanged.]
( G H ) [Re-lettered, but otherwise unchanged.]
Staff Comment: The proposed amendments of MCR 3.218 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. The amendments would add a lawyer-guardian ad litem and a citizen advisory committee to the list of those who are allowed access to friend of the court files. The access given to a citizen advisory committee by MCL 552.504b; MSA 25.176 (4b) is to occur "under the chief judge's supervision," which anticipates an active role by the court. Thus, proposed new subrule (C) imposes procedural safeguards such as notice and an opportunity to respond when confidential information is requested.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered, and your assistance is appreciated by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court clerk on or before September 1, 2000. When filing a comment, please refer to our file No. 99-61.