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State Plan Paternity Establishment Requirements in Omnibus Budget Reconciliation Act

AT-93-13

Published: November 26, 1993
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Paternity Establishment, Federal Reporting, State Plan
Types:
Policy, Action Transmittals (AT)

Action Transmittal

OCSE-AT-93-13

November 26, 1993

TO:STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT:Revision to the Title IV-D State Plan Preprint and Submission of State Plan Pages to Indicate Compliance with Federal Requirements for Paternity Establishment Contained in the Omnibus Budget Reconciliation Act of 1993

ATTACHMENT:Attached is a new State plan preprint section which reflects changes made to the State plan provisions of title IV-D of the Social Security Act (the Act) for paternity establishment made by the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66)

The attached State plan preprint section 2.12-5-3, pages 1 and 2, Procedures to Improve Program Effectiveness, Paternity Establishment, has been changed to reflect amendments made by section 13721 of P.L. 103-66 to section 466(a)(5) of the Act and the addition of section 466(a)(11) of the Act governing paternity establishment.

APPROVAL OF STATE PLAN

States must submit preprint section 2.12-5-3, pages 1 and 2, along with a completed transmittal notice form (OCSE-21-U4) to the appropriate ACF Regional Administrator, attesting to compliance with the requirements of the Omnibus Budget Reconciliation Act of 1993, no later than

December 31, 1993. However, in cases where legislation is needed, States must submit these pages before the end of the first calendar quarter beginning after the close of the first regular State legislative session which begins after August 10, 1993. In the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

ACTION REQUIRED:Submit section 2.12-5-3, pages 1 and 2, no later than December 31, 1993, or, in cases where State legislation is needed, the end of the first calendarquarter beginning after the close of the first regular State legislative session which begins after August 10, 1993.

INQUIRIES

TO:ACF Regional Administrators

Robert C. Harris

Acting Deputy Director

Office of Child Support

Enforcement

State _________________________

Citation 2.12 Procedures to improve Program Effectiveness

õ 454(20) 5-3 Paternity Establishment

and 466 of

the Act

[ ]The State has procedures for a simple civil process for voluntary acknowledging paternity under which the State must provide that the rights and responsibilities of acknowledging paternity are explained and ensure the due proces safeguards are afforded.

[ ]The State has procedures for a hospital-based program for the voluntary acknowledgment of paternity during the period immediately before or after the birth of a child.

[ ]The State has procedures under which the voluntary acknowledgment of paternity creates a rebuttable, or at the option of the State, conclusive presumption of paternity, and under which such voluntary acknowledgment is admissible as evidence of paternity.

[ ] Rebuttable presumption

[ ] Conclusive presumption

[ ]The State has procedures under which the voluntary acknowledgment of paternity must be recognized as a basis for seeking a support order without requiring any further proceedings to establish paternity.

[ ]The State has procedures which provide that any objection to genetic testing results must be made in writing within a specified number of days before any hearing at which such results may be introduced into evidence, and if no objection is made, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.

TN#_____________Approval Date_____________Effective Date_____________

State _______________________________

Citation 2.12 Procedures to improve Program Effectiveness

õ 454(20) 5-3 Paternity Establishment

and 466(a)(5)

of the Act

[ ]The State has procedures which create a rebuttable or, at the option of the State, conclusive presumption of paternity upon genetic testing results indicating a threshold probability that the alleged father is the father of the child.

[ ] Rebuttable presumption

[ ] Conclusive presumption

[ ]The State has procedures requiring a default order to be entered in a paternity case upon a showing of service of process on the defendant and any additional showing required by State law.

õ 466(a)(11) [ ]The State has procedures under which a State must give full faith and credit to a determination of paternity made by any other State, whether established through voluntary acknowledgment or through administrative or judicial processes.

[ ]The Secretary has granted the State exemption(s) from paternity establishment in accordance with õ302.70(a)(5). The exemption(s) is/are from _______________ to _______________.

TN#_______________Approval Date_______________Effective Date_______________

2.12-5-3: Page 2