Dear Colleague(DCL9540)

ACF/Office of Child Support Enforcement

Determining Paternity for Children Born Out of Wedlock

                                        DCL-95-42


TO ALL STATE IV-D DIRECTORS

Dear Colleague:

This will inform you of a recent Action Transmittal, ACF-AT-95-05
dated May 20, 1995, issued by the Administration for Children and
Families, Office of Family Assistance, to provide State agencies
with new administrative procedures for use in determining
paternity for children born out of wedlock for purposes of
meeting the AFDC eligibility requirements.  Specifically, in
order to be eligible for AFDC, the child must be: (1) deprived of
parental support and (2) living with a specified relative of
proper degree.

Current policy does not distinguish between administratively
verifying the paternal relationship for AFDC eligibility purposes
and the requirements of State law for legally establishing
paternity and for child support enforcement purposes.  The
attached Action Transmittal is intended to streamline and improve
the procedures for both the administrative and legal
determination of a paternal relationship.  Therefore, the Office
of Family Assistance has updated the Federal policy in question
and has rescinded SSA-AT-81-10 dated May 10, 1981.

Under new Federal policy, to ensure that a legal relationship
which protects the interest of the children is established
quickly and in accordance with State law, all AFDC applicants who
are putative paternal relatives will be referred to the IV-D
agency at the time of application.  Referrals will not be delayed
until assistance is granted.  Further, IV-A staff should attempt
to obtain a witnessed voluntary acknowledgement of paternity
signed by the father (notarized if possible).  Such
acknowledgements, taken in accordance with State law and
procedures which ensure that due process safeguards are afforded,
will be recognized as primary verifications of relationship for
title IV-A purposes.  Obtaining voluntary acknowledgements at the
IV-A office will also streamline the paternity establishment
process.                                                          

In the absence of a paternal acknowledgement, court documents or
birth certificates clearly establishing the paternal relationship
to the dependent child would also be acceptable as primary
sources of verification.  If such verification is not available,
other forms of documentary evidence could be used as ancillary
sources of verification to establish paternal relationships. 
These forms of documentation are listed in the Action Transmittal
and reflect primary and secondary evidence which is acceptable.  
However, ancillary sources of documentation, which are
insufficient to establish legal paternity under State law, would
only be acceptable if accompanied by a witnessed statement signed
by the applicant/recipient under penalty of perjury and/or fraud
prosecution indicating how the alleged caretaker relative is
related to the child.

If you have additional questions, or need additional information,
please contact your Administration for Children and Families
Regional Administrator. 

                        Sincerely,


                       
                        Anne F. Donovan
                        Acting Deputy Director
                        Office of Child Support                   
                          Enforcement