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Required Data Elements for Paternity Affidavits - expires May 31, 2017

AT-14-04

Published: July 7, 2014
Information About:
State/Local Child Support Agencies
Topics:
Paternity Establishment
Types:
Policy, Action Transmittals (AT)

ACTION TRANSMITTAL

AT-14-04

DATE:  July 7, 2014

TO: State Agencies Administering Child Support Enforcement Plans under Title IV-D of the Social Security Act and Other Interested Individuals

SUBJECT:  Required Data Elements for Paternity Affidavit (0970-0171) expiring May 31, 2017

ATTACHMENTRequired and Optional Data Elements for Paternity Affidavit

Section 452(a)(7) of the Social Security Act requires the Secretary of the Department of Health and Human Services to specify the minimum requirements of an affidavit to be used for the voluntary acknowledgment of paternity.  In addition, section 466(a)(5)(C)(iv) of the Act requires states to enact laws requiring the development and use of an affidavit for the voluntary acknowledgment of paternity. 

OMB has approved the required data elements for paternity establishment affidavits following notice and public comment.  The new expiration date for the data elements is May 31, 2017.  The required data elements have not changed.  For your convenience a complete list of data elements appear in the attachment.

In compliance with the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families recently solicited public comment on whether this information collection should continue.  Public notice soliciting comments was published in the Federal Register August 7, 2013 (78 FR 48171).  The comments received can be combined into three basic comments:

• Comment:  Comments in support of adding additional elements (e.g., availability of medical insurance, father’s employment, marital status, gender of the child, parent email address and cellular phone number, father’s last name at birth)
Response:  States can use any additional elements they choose to meet their program needs.

• Comment:  Comments recommending additional clarifications, disclosures, or statements be included with the purpose of making sure the signatories fully understand what they are signing, what the affidavit process involves, and what their rights are.
Response:  We encourage states to include statements, disclosures, and other instructions on the forms they design that would meet their program needs.

• Comment: Comments in support of a standard form for states to use especially to streamline the process of paternity establishment affidavits that involve multiple states.
Response:  While a standard form has advantages especially in cases where paternity establishment involves multiple states, we are not requiring a standard form to allow states flexibility in a design that meets state program needs. 

Additionally OCSE received several comments regarding paternity disestablishment.  OCSE does not have any regulations or official policy on this topic and the comments were outside the scope of this solicitation under the PRA.

SUPERSEDED MATERIALOCSE-AT-97-11, OCSE-AT-98-02, OCSE-AT-04-06OCSE-AT-05-08, OCSE-AT-11-08

INQUIRIES: ACF/OCSE Regional Program Managers

Vicki Turetsky
Commissioner
Office of Child Support Enforcement

cc: ACF/OCSE Regional Program Managers
      Tribal IV-D Agencies