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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6259 November 27, 1984 CIRCUIT COURT FAMILY COUNSELING SERVICES ACT: Provision of services to families meeting eligibility requirements prescribed by circuit court Provision of services by agency located outside boundaries of circuit court Provision of services at any stage of a divorce proceeding Circuit court family counseling services are available to all persons who meet the eligibility requirements prescribed by the circuit court. A circuit court may contract with, and make payments to, qualified family counseling services located outside the boundaries of the circuit court. Family counseling services may be provided pursuant to rules and standards of eligibility prescribed by the circuit court at any stage of a divorce proceeding. Honorable James A. Barcia State Senator The Capitol Lansing, Michigan Honorable Dick Allen State Representative The Capitol Lansing, Michigan You have requested my opinion regarding the meaning of the Circuit Court Family Counseling Services Act, sometimes hereafter the Act, 1964 PA 155, as last amended by 1980 PA 16; MCLA 551.331 et seq; MSA 25.123(3) et seq. Your questions will be stated and answered seriatim. Your first question is: Whether funds available to the circuit court family counseling services program are to be used only for persons and/or families who are without sufficient income to pay for services. Section 2 of the Act, supra, provides for the establishment of circuit court family counseling services for the purpose of preserving and improving family life through competent family counseling. Sections 6 and 10, respectively, of the Act, supra, in pertinent part, provide: 'Sec. 6. The circuit court shall prescribe rules and standards of eligibility for counseling. First priority for service shall be given to domestic relations actions in which a complaint or motion has been filed in the circuit court. A family is eligible for counsel by the family counseling service if at least one of the spouses has the residential requirements to file a complaint or a motion in a domestic relations action in the court. 'Sec. 10. The family counseling service may charge fees for its counseling in accordance with a fee schedule prescribed by the circuit court with the advice and consent to (sic) the county board of commissioners. The county board of commissioners may designate a committee of its members to act in its stead in approving the fee schedule. The schedule may be based on ability to pay and may be waived by the court, the presiding judge, or the judge to whom the case may be assigned, for good cause shown.' If language contained in a statute is plain and unambiguous, the statute is to be applied and not interpreted, since the statute speaks for itself. Collins v Waterford Twp School Dist, 118 Mich App 798, 804; 325 NW2d 585, 588 (1982), lv den 417 Mich 998 (1983). Each provision of a statute must be read in connection with other pertinent provisions and effect given, if possible, to every provision. Roberts Tobacco Co v Department of Revenue, 322 Mich 519, 530; 34 NW2d 54, 59 (1948). Section 6 of the Act, supra, imposes the duty upon the circuit court in clear and certain terms to prescribe rules and standards of eligibility for counseling. The Legislature has also expressly authorized the family counseling service to charge fees in accordance with an approved fee schedule, based upon the ability to pay, prescribed by the court. However, the fees may be waived by the court for good cause shown. 1964 PA 155, Sec. 10, supra. Pursuant to the plain language of sections 6 and 10 of the Act, supra, the funds available under the program are not limited to those persons and/or families without sufficient income to pay for services. It is my opinion, therefore, that circuit court family counseling services are available to those persons who meet the eligibility requirements prescribed by the circuit court. It is my further opinion that family counseling service programs may charge fees in accordance with the fee schedule adopted by the circuit court. The second question is: Whether 1964 PA 155, supra, authorizes contracts for family counseling services with and payments to suitable agencies located outside the boundaries of the county, or whether a contract for such services may be entered into with and payments made to agencies located within that county only. Sections 3, 7 and 10 of the Act, supra, are relevant and, in pertinent part, provide: 'Sec. 3. . . . The circuit court may enter into contracts with the state or private agencies for all or part of the family counseling services to be provided in the judicial circuit. 'Sec. 7. The director of a circuit court family counseling service shall advise spouses fully of the existence of qualified family counseling services outside the court so that they may freely make an informed choice of the outside service. 'Sec. 10. . . . Revenues from fees shall be paid into the county general fund, and used to defray the costs of the family counseling service. In multiple-county circuits revenues shall be returned to counties in accordance with their proportionate contributions to the creation and maintenance of the service. The county board of commissioners or a designated committee of its members may make provision for payment to agencies outside the court for family counseling services rendered to spouses in indigent cases.' Thus, the circuit court may contract with state or private agencies for family counseling services, that spouses shall be advised of qualified family counseling services outside the court and, further, that provisions may be made for payment to agencies outside the court for family counseling services rendered. In view of the general mobility of the population, the existence of multiple-county circuits, and the absence of any restriction imposed upon the utilization of a qualified private agency located in a county not within the judicial circuit, it may be concluded that the Legislature contemplated that a circuit court be permitted to contract with qualified family counseling services located outside the boundaries of the judicial circuit. It is my opinion, therefore, that a circuit court may contract with, and make payments to, qualified family counseling services located outside the boundaries of the circuit court. The final question is: Whether 1964 PA 155, supra, authorizes the provision of services for persons and/or families in crisis, no matter what the stage of the divorce proceedings. In conferring rule making power upon the circuit court, section 6 of the Act, supra, specifically mandates that the first priority for service shall be given to domestic relations actions in which a complaint or motion has been filed in the circuit court. By establishing this priority, the Legislature has manifested an intent that family counseling services be provided to families in divorce proceedings pursuant to rules and standards prescribed by the circuit court where the suits for divorce have been filed, but also, whenever motions are filed in the course of the trial of such cases. Since motions may be filed at practically any stage of divorce proceedings, it follows that family counseling services must be available at practically all stages of divorce proceedings. It is my opinion, therefore, that family counseling services may be provided pursuant to rules and standards of eligibility prescribed by the circuit court at any stage of divorce proceedings. Frank J. Kelley Attorney General
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