< Back to Search

State Plan Preprint for Paternity Establishment in Omnibus Budget Reconcilation Act and Final Rule

AT-95-02

Published: February 10, 1995
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Paternity Establishment, Federal Reporting, State Plan
Types:
Policy, Action Transmittals (AT)

OCSE ACTION TRANSMITTALS

PLAN PREPRINT ACTION TRANSMITTAL

OCSE-AT-95-02

February 10, 1995

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; Submission of State Plan Pages to Indicate Compliance with Federal Requirements for Paternity Establishment Contained in the Omnibus Budget Reconciliation Act of 1993 and Final Federal Regulations

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) and as a result of issuance of final regulations implementing the statute.

The attached State plan preprint section 2.12-5-3, pages 1 and 2, Procedures to Improve Program Effectiveness, Paternity Establishment, reflects 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. In addition, the section references final regulations published on December 23, 1994 (59 FR 66204) which implement the statutory provisions.

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 conformity to the requirements of the Omnibus Budget Reconciliation Act of 1993 and implementing Federal regulations, no later than March 31, 1995. (In cases where legislation is needed and the statutory effective date occurs after publication of final regulations on December 23, 1994, 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 two-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature).

States that previously submitted a preprint section 2.12-5-3, pages 1 and 2, that was approved to indicate conformity with the statutory requirements of section 13721 of the Omnibus Budget Reconciliation Act of 1993 must resubmit the attached preprint pages to indicate conformity with both the Federal statute and the recently- published regulatory requirements. States which have submitted State plan material which is presently under Regional Office review should contact their respective Regional Office Child Support Program Manager or Specialist for guidance.

ACTION REQUIRED:

Submit section 2.12-5-3, pages 1 and 2, no later than March 31, 1995. (In cases where legislation is needed and the statutory effective date occurs after publication of final regulations on December 23, 1994, 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).

RELATED REFERENCES: OCSE-AT-93-13 and OCSE-AT-94-06

INQUIRIES TO:

ACF Regional Administrators

_____________________________________

David Gray Ross

Deputy Director

Office of Child Support Enforcement

 

State _________________________

Citation

2.12 Procedures to Improve Program Effectiveness

454(20) 5-3 Paternity Establishment and 466(a)(5) of the Act; 45 CFR 302.70(a)(5) and 303.5

[ ] The State has procedures for a simple civil process for voluntarily acknowledging paternity under which the State must provide that the rights and responsibilities of acknowledging paternity are explained and ensure that due process 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_______________

2.12-5-3: Page 1

State __________________________

Citation

2.12 Procedures to Improve Program Effectiveness

454(20) and 466(a)(5) of the Act; 45 CFR 302.70(a)(5) and 303.5

5-3 Paternity Establishment

[ ] 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.

466(a)(11) and 45 CFR 302.70(a)(11)

[ ] The State has procedures under which a State must and 45 CFR 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.

466(d) and 45 CF 302.70(d)

[ ] The Secretary has granted the State exemption(s) from paternity establishment in accordance with 302.70(d). The exemption(s) is/are from _______________ to _______________.

TN#_______________Approval Date_______________Effective Date_______________

 

2.12-5-3: Page 2