December 8, 2000




99-61



Amendments of
Rule 3.218 of the
Michigan Court Rules
______________________


          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.]


ICLE Editor's Note:


[Italicized, bracketed text] indicates text that has been
deleted.

Bold text  indicates new text.



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 USC 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 USC 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.