November 4, 1993
INFORMATION MEMORANDUM
OCSE IM-93-04
TO: ALL STATE AGENCIES ADMINISTERING CHILD SUPPORT
ENFORCEMENT PLANS APPROVED UNDER TITLE IV-D OF THE
SOCIAL SECURITY ACT AND OTHER INTERESTED
INDIVIDUALS.
SUBJECT: ADMINISTRATIVE DETERMINATION OF PATERNITY
BACKGROUND: The Omnibus Budget Reconciliation Act of 1993
extends the requirement for expedited processes to
the establishment of paternity. At State option,
the expedited paternity process may be implemented
under the State judicial system or under State
administrative processes. For your information,
we have attached a brief description of the
processes currently available in various States
and the name and telephone number of a contact
person who can provide additional details.
ATTACHMENT: Overview of 5 States' administrative processes for
establishing paternity
INQUIRIES: ACF Regional Administrators
Robert C. Harris
Acting Deputy Director
Office of Child Support
Enforcement
COLORADO
Colorado's administrative paternity establishment statute,
effective August 1, 1992, provides that the County Child Support
Enforcement offices may issue an order establishing paternity of,
and financial responsibility for, a child in the course of a
support proceeding. This process is available in all public
assistance and non-public assistance cases, including responding
interstate cases, when both parents sign sworn statements that
the paternity of the child for whom support is sought has not
been legally established, that the parents are the natural
parents of the child, and if neither parent is contesting the
issue of paternity.
NOTICE OF FINANCIAL RESPONSIBILITY
Within 45 days of the date that the alleged father's location is
verified, the CSE worker generally schedules a negotiation
conference and issues The Notice of Financial Responsibility
(NFR) to alleged fathers in cases in which there is a signed
Mother's Parentage Advisement and Admission and a Verified
Affidavit of Obligee. The NFR is served by certified mail or any
other method of personal service at least 10 days prior to the
scheduled conference.
Administrative process is not used and an NFR is not issued for
cases in which:
þ a prior judicial paternity and support order exists for
the first child and the same parties have a second
child needing paternity established;
þ long-arm paternity criteria are met;
þ the alleged father will be incarcerated for one year or
longer;
þ either the mother or alleged father is a minor; or
þ the mother claims there is more than one alleged
father.
RESPONSES TO NOTICE
Once the alleged father is served, he may take one of the
following courses of action.
þ Continuance - The CSE worker grants a continuance if
the alleged father calls or appears at the CSE unit
prior to the negotiation conference and requests a
continuance. The CSE worker continues the conference
once upon request, not to exceed 10 days from the
originally scheduled date unless there is good cause
for additional or longer continuances.
þ Failure to Appear - If the alleged father fails to
appear for the scheduled negotiation conference, the
CSE worker refers the case to court for a hearing.
þ Agreement Reached - If the alleged father admits
paternity and signs the Father's Paternity Advisement
and Admission, the CSE worker will attempt to negotiate
a support order for the guideline calculation amount.
If agreement is reached, the alleged father signs the
completed Order Establishing Paternity and Financial
Responsibility which the CSE worker files in district
court along with other appropriate documents.
þ Agreement Not Reached - If the alleged father admits
paternity, but is not willing to pay the guideline
calculation amount and wants the court to review the
case, the CSE worker establishes a temporary order for
child support and/or debt and then refers the case to
court.
þ Contest - If the alleged father contests paternity, the
CSE worker issues an Order for Blood Testing and
schedules another negotiation conference to occur after
the genetic test results are expected to be received.
If the alleged father does not agree to genetic
testing, the CSE worker refers the case for court
hearing.
GENETIC TESTING AND DEFAULTS
The CSE worker enters a Default Order Establishing Paternity and
Support if the alleged father fails to appear for a scheduled
blood test without good cause or the results of a blood test
indicate a 97% or greater probability that he is the father of
the child, and he failed to appear for a scheduled negotiation
conference, and failed to timely reschedule the conference.
FILING ADMINISTRATIVE ACTIONS
The CSE worker files a copy of the Order Establishing Paternity
and Financial Responsibility and the sworn statements of the
parents and, in the case of a Default Order Establishing
Paternity and Financial Responsibility, the Verified Affidavit of
Obligee, and the blood test results, if any, with the clerk of
the district court in the county in which the NFR is issued. The
Order Establishing Paternity and Financial Responsibility has all
the force, effect, and remedies of an order of the district
court, including, but not limited to, wage assignment or contempt
of court. Execution may be issued on the order in the same
manner and with the same effect as if it were an order of the
court. If the order establishing paternity is at variance with
the child's birth certificate, the court shall order that a new
birth certificate be issued.
For additional information, please contact Donna Crow at (303)
866-5986.
IOWA
On May 4, 1993, Iowa's legislature enacted Senate Bill 350 adding
new Section 252F to the Iowa Code authorizing, but not requiring,
the administrative determination of paternity. The new law,
effective July 1, 1993, governs cases in which paternity is at
issue, meaning any of the following conditions: a child was not
born or conceived within marriage; a child was born or conceived
within marriage but a court has declared that the child is not
the issue of the marriage; or paternity has been established by
the filing of an affidavit of paternity and the father is
contesting paternity within the three year statute of limitations
period. Iowa is currently developing the necessary rules,
procedures and forms and plans to implement the provisions of the
new law in 1994.
In any case in which child support recovery is at issue,
proceedings may be initiated by the Child Support Recovery Unit
(CSRU) for the sole purpose of establishing paternity and any
accrued or accruing child support or medical support obligations.
Such proceedings are in addition to other means of establishing
paternity or support. Issues in addition to establishment of
paternity or support obligations shall not be addressed in such
proceedings.
NOTICE OF ALLEGED PATERNITY AND SUPPORT DEBT
The CSRU may prepare a notice of alleged paternity and support
debt to be served on the alleged father if the mother of the
child provides a statement to the CSRU verifying that the alleged
father is or may be the biological father of the child or
children involved. The notice shall be accompanied by a copy of
the mother's statement and served on the alleged father.
The notice shall include:
þ The name of the recipient of services and the
name and birth date of the child or children
involved;
þ A statement that the alleged father has been
named as the biological father of the child
or children named;
þ A statement that the amount of the alleged
father's monthly support obligation and the amount
of the support debt accrued and accruing will be
established in accordance with State guidelines;
þ A statement that the alleged father has a
duty to provide accrued and accruing medical
support to the child or children;
þ An explanation of the procedures for
determining the child support obligation and
a request for financial or income information
as necessary for application of the child
support guidelines;
þ The right of the alleged father to request a
conference with the CSRU to discuss paternity
establishment and the amount of support that
the alleged father is required to pay, within
ten days of the date of service or within ten
days of the date of mailing of the paternity
test results to the alleged father if the
father denies paternity;
þ A statement that if a conference is requested
the alleged father shall have ten days from
the date set for the conference or twenty
days from the date of service of the original
notice, or ten days from the date of the
mailing of paternity test results to the
alleged father if the alleged father no
longer denies paternity, whichever is later,
to send a written request for a hearing on
the issue of support to the CSRU;
þ A statement that after the conference is
held, the administrator may issue a new
notice and finding of financial
responsibility for child support or medical
support, or both, to be sent to the alleged
father by regular mail addressed to the
alleged father's last known address;
þ A statement that if the administration issues
a new notice and finding of financial
responsibility for child support or medical
support, or both, the alleged father has ten
days from the date of issuance of the new
notice or twenty days from the date of
service of the original notice, or ten days
from the date of the mailing of paternity
test results to the alleged father if the
alleged father no longer denies paternity,
whichever is later, to send a written request
for a hearing on the issue of support to the
CSRU;
þ A statement that if a conference is not
requested, and the alleged father objects to
the finding of financial responsibility or
the amount of child support or medical
support, or both, the alleged father must,
within twenty days of the date of service or
within ten days from the date of the mailing
of paternity test results to the alleged
father if the alleged father no longer denies
paternity, whichever is later, to send a
written request for a hearing on the issue of
support to the CSRU.
þ A statement that if a timely written request
for a hearing on the issue of support is
received by the CSRU, the alleged father has
the right to a hearing to be held in district
court and that if no timely written request
is received and paternity is not denied, the
administrator may enter an order in
accordance with the notice and finding of
financial responsibility for child support or
medical support, or both.
þ A statement of the rights and
responsibilities associated with the
establishment of paternity;
þ A statement of the alleged father's right to
deny paternity, the procedures for denying
paternity, and the consequences of the
denial.
RESPONSES TO NOTICE
The alleged father may react to the notice in one of the
following ways.
þ Conference - If the alleged father appears at a
conference and admits he is the father, agrees to the
terms of the order, and waives his rights to time
frames, the CSRU will enter an Administrative Order.
If the alleged father appears for a conference and
denies paternity, the CSRU will enter an order for
genetic tests. If the alleged father appears for a
conference and reaches no decision to admit or deny,
the time frames on the original notice stand.
þ Default - If the alleged father fails to respond to the
initial notice within 20 days after the date of service
of the notice, or fails to appear at the conference on
the scheduled date of the conference, the CSRU may
enter an order declaring the alleged father to be the
biological father and assessing the support obligation
and accrued and accruing child support pursuant to
State guidelines and medical support against the
father.
þ Denial - If the alleged father submits a written denial
of paternity to the CSRU within 20 days of the service
of notice, the administrator shall enter an ex parte
administrative order requiring paternity testing. The
order shall be filed with the clerk of the district
court in the county where the notice was filed.
GENETIC TESTING RESULTS
If the expert concludes that the test results show that the
alleged father is not excluded and that the probability of the
alleged father's paternity is 95 percent or higher, there shall
be a rebuttable presumption that the alleged father is the
biological father, and the evidence shall be sufficient as a
basis for administrative establishment of paternity. If the
alleged father fails to timely challenge the results, the
administrator may enter an order against the alleged father
declaring him to be the biological father of the child and
assessing the support
obligation and accrued and accruing child support pursuant to
guidelines and medical support against the father. The
administrator shall establish a support obligation based upon the
best information available to the CSRU.
If the test results indicate a probability of paternity of 95
percent or greater and the alleged father wishes to challenge the
presumption of paternity, the alleged father shall file a written
notice of the challenge with the district court and an
application for a hearing by the district court within 20 days of
the filing of the expert's report with the clerk of the district
court or within 10 days after the scheduled date of the
conference, whichever occurs later.
If the test results indicate that the alleged father is not
excluded and that the probability of the alleged father's
paternity is less than 95 percent, test results shall be weighed
along with other evidence of paternity.
If the paternity test results exclude the alleged father as a
potential biological father of the child, and additional tests
are not requested by either party, the CSRU shall withdraw its
action against the alleged father and file a notice of the
withdrawal with the clerk of the district court.
If the alleged father fails to appear for a paternity test and
fails to request a rescheduling or fails to appear for both the
initial and the rescheduled paternity tests, the administrator
may enter an order against the alleged father declaring the
alleged father to be the biological father of the child and
assessing the support obligation and accrued and accruing child
support pursuant to the guidelines and medical support against
the father. (The Omnibus Budget Reconciliation Act of 1993
requires States to have laws requiring, not simply allowing, that
default orders be entered under certain conditions.)
CERTIFICATION TO DISTRICT COURT
Actions initiated under the administrative paternity process are
not subject to further administrative review. An action may be
certified to the district court if a party challenges the
administrator's finding of paternity, or the amount of support,
or both. Review by the district court shall be an original
hearing before the court.
In any action under the administrative process, the action shall
not be certified to the district court in a contested paternity
action unless all of the following have occurred:
þ Paternity testing has been completed
þ The results of the paternity test have been
sent to the alleged father
þ A written objection to the entry of an order
has been received from the alleged father
A matter shall be certified to the district court in the county
in which the notice was filed. The court shall set the matter
for hearing and notify the parties of the time of and place for
hearing. If the court determines that the alleged father is the
biological father, the court shall establish the amount of the
monthly support payment and the accrued and accruing child
support pursuant to the guidelines and shall establish medical
support. If a party fails to appear at the hearing, upon a
showing that proper notice has been provided to the party, the
court may find the party in default and enter an appropriate
order. (The Omnibus Budget Reconciliation Act of 1993 requires
States to have laws requiring, not simply allowing, that default
orders be entered under certain conditions.)
FILING WITH THE DISTRICT COURT
Following issuance of an order by the administrator, the order
shall be presented to an appropriate district court judge for
review and approval. Unless a defect appears on the face of the
order, the district court shall approve the order. Upon approval
by the district court judge, the order shall be filed in the
district court in the county in which the notice was filed. Upon
filing, the order has the same force and effect as a district
court order.
For additional information, please contact Robert Krebs at (515)
242-6097.
MONTANA
Montana enacted its administrative paternity process legislation
in 1989 to streamline child support enforcement case processing
that was typically difficult and time-consuming. The major
stumbling block imposed in contested cases by the judicial
process was the requirement that absolute probable cause be
established in the district court before a genetic testing order
could be granted. With the extensive evidentiary requirements,
the many delays available to an uncooperative alleged father, and
the heavy backlogs in many Montana courts, most contested cases
waited more than a year for progress.
JURISDICTION AND NOTICE
Under the 1989 revisions, codified at Montana Code Annotated
40-5-231-40-5-237, personal jurisdiction is established in the
Department of Social and Rehabilitation Services (DSRS) over any
person who has had sexual intercourse in Montana that has
resulted in the birth of a child who is the subject of a
paternity proceeding. Personal jurisdiction may be acquired
either by personal service or by service of notice by certified
mail. If the child or either parent resides in Montana, any
hearing may be held in the county where the child resides, either
parent resides, or the DSRS or any of its regional offices is
located. The alleged father may be served an Administrative
Notice of Paternity Determination based upon the sworn statement
of the mother or evidence of a presumption under State law or any
other reasonable cause to believe the alleged father is the
child's natural father.
RESPONSES TO NOTICE
After service of the administrative notice, the alleged father
has three alternatives courses of action.
þ Default - If the alleged father fails to respond to the
notice, such default is taken as an admission of
paternity and an administrative order is rendered by
the administrative hearing officer. The order takes
effect within 10 days unless good cause for failure to
appear is alleged. Upon timely request, and for good
cause shown, a default judgment can be set aside.
Default judgments are not taken in cases involving
multiple alleged fathers, unless all other alleged
fathers have been excluded by genetic blood testing.
þ Acknowledgment - Based on a written acknowledgment of
paternity from an adult or minor alleged father, the
administrative hearing officer enters an order
establishing paternity.
þ Denial - If the alleged father denies paternity in
response to the notice, an administrative hearing is
scheduled. During the hearing, which is usually
conducted by telephone, the hearing officer determines
if a reasonable probability exists that the alleged
father had sexual intercourse with the mother during
the probable period of conception or if any legal
presumption of paternity exists under the circumstances
of the particular case. If so, an administrative
subpoena is issued ordering genetic testing. The Child
Support Enforcement (CSE) agency can apply to the
district court, if necessary, to have its order
enforced. If the alleged father fails to appear for
blood tests, the default is taken in the same fashion
as if he had not made timely response to the initial
service.
GENETIC TESTING RESULTS
If the results of the genetic tests reflect a 95 percent or
higher probability that the alleged father is the natural father
of the child, a rebuttable presumption of paternity is created.
With the consent of the newly presumed father, the hearing
officer may enter an order establishing paternity. If the
probability of paternity is less than 95 percent, but the alleged
father is not excluded by the tests, the test results are weighed
along with other evidence of paternity.
Appeal of final administrative orders may be made on the father's
initiative to the district court. However, if the results of
genetic testing do not exclude the alleged father but he
continues to deny paternity prior to the entry of an
administrative order, he is served written notice and the case is
referred by the CSE agency to the district court.
Once the matter is referred to district court, expert testimony
on the genetic testing in the form of a certified report is
admissible without further testimony, as is an affidavit
documenting the chain of custody of the blood specimens. Genetic
exclusion is considered conclusive evidence of non-paternity, and
no evidence is admissible concerning sexual intercourse of the
mother with any man already excluded by the genetic testing.
If an alleged father objects to the procedures for or the results
of a paternity blood test, he must file a written objection with
the court within 20 days after the service of the notice of the
referral to the district court of the administrative
determination. (The Omnibus Budget Reconciliation Act of 1993
requires States to have laws under which objections to genetic
test results must be made in writing within a specified number of
days prior to the hearing, not a specified number of days after
notice.) The court must order an additional blood test if a
written objection is filed or at the request of the CSE agency.
An additional test must be performed by the same or another
expert who is qualified in paternity blood testing. Failure of
the alleged father to make a timely challenge is considered a
waiver of any defense to the test results or test procedures,
including the chain of custody. In any hearing before the court
or at trial, testimony relating to sexual intercourse of the
mother with any person who has been excluded from consideration
as a possible father of the child involved by the results of a
paternity blood test is inadmissible in evidence. When a
paternity blood test excludes an alleged father from possible
paternity, the test is conclusive evidence of nonpaternity of the
alleged father for all purposes in district court.
The CSE agency appears in the court proceeding only with regard
to the issue of paternity. No other issue--custody, visitation,
or other--may be joined. Since Montana's law creates a
rebuttable presumption that it is in the child's best interest to
legally establish paternity, the
court may not normally appoint a guardian ad litem. Furthermore,
neither the mother nor the child are necessary parties to the
action although they may testify as witnesses. The CSE agency is
not liable for attorney fees, including those for indigent
alleged fathers, or for the cost of a guardian ad litem unless
frivolousness or bad faith is proven.
FILING ADMINISTRATIVE ORDERS
An administrative order of the DSRS declaring the paternity of a
child, docketed with the court, establishes the legal existence
of the parent and child relationship for all purposes and confers
or imposes all parental rights, privileges, duties, and
obligations. Upon request of the mother or father of the child,
DSRS must file a copy of its order with the department of health
and environmental sciences, which must prepare a substitute
certificate of birth, if necessary, consistent with the
administrative order.
SETTING ASIDE ADMINISTRATIVE ORDERS
Except for an order based on a voluntary acknowledgment of
paternity, the DSRS may set aside an administrative order
establishing the paternity of a child upon application of any
affected party and upon a showing of any of the grounds and
within the timeframes provided in Rule 60(b) of the Montana Rules
of Civil Procedure. This rule specifies that the court may
relieve a party or his legal representative from a final order,
judgment, or proceeding based upon (1) mistake, inadvertence,
surprise, or excusable neglect; (2) newly-discovered evidence
which by due diligence could not have ben discovered in time to
move for a new trial; (3) fraud, misrepresentation, or other
misconduct of an adverse party; (4) the judgment is void; (5) the
judgment has been satisfied, released, or discharged, or a prior
judgment upon which it is based has been reversed or otherwise
vacated, or it is no longer equitable that the judgment have
prospective application; or (6) any other reason justifying
relief. The timeframe for the first three bases is 60 days from
the entry of the judgment.
For additional information, please contact Gwendolyn Kloeber at
(406) 444-4614
OHIO
As a result of legislation enacted effective July 15, 1992, Ohio
has statutory authority governing the administrative
determination of paternity. Particularly noteworthy is the fact
that Ohio's child support enforcement program has historically
been judicially-oriented, traditionally depending on the avenue
of court proceedings to adjudicate actions. Administrative
measures for accomplishing many functions were incorporated in
Ohio's laws through passage of Senate Bill 10 in 1992.
ALLEGATION
An administrative request to determine the existence of a
parent/child relationship may be brought by the child, the
mother, a man alleging himself to be the child's father, any of
their personal representatives, or the Child Support Enforcement
Agency (CSEA) of the county in which the child resides, if the
child's mother is a recipient of public assistance or is
receiving IV-D services. With limited exceptions, no person may
bring court action to establish paternity before requesting an
administrative determination from the CSEA of the county in which
the child or the guardian or legal custodian of the child
resides. If more than one county agency receives a request, the
agency receiving the request first must proceed with it.
HEARING NOTIFICATION
Upon receiving a request for a determination of paternity, the
CSEA schedules a hearing before an administrative officer to
determine whether the mother and alleged father will voluntarily
sign an Acknowledgment of Paternity or agree to be bound to the
results of genetic testing. After scheduling the hearing, the
agency serves a notice on the mother and alleged father, in
accordance with rules of civil procedure, via certified mail or
in person if the parties are in the office. The hearing must be
held no later than 60 days after the date on which the request
was received and no earlier than 30 days after the date the CSEA
provides notice of the hearing to the mother and the alleged
father.
RESPONSES TO NOTICE
Once both of the parties are served, one of the following
outcomes is likely to occur.
þ Voluntary Acknowledgement - If both the mother and the
alleged father sign an Acknowledgment of Paternity, the
administrative officer issues an administrative
paternity order stating that the alleged father is the
father of the child and that the father assumes the
parental duty of support. The order includes a
statement that the mother and father may object to the
determination by bringing an action in court within 30
days of the date the administrative officer issued the
determination and if neither brings an action within
the 30 day period, the administrative order is final.
If an administrative officer issues an administrative
paternity order or if an Acknowledgment of Paternity is
filed in Probate Court and one of the parents named on
the Acknowledgement requests an administrative order
for support, the administrative officer schedules a
separate hearing no later than 60 days after the
issuance of the paternity order and no earlier than 30
days after the date the agency provides notice of the
support hearing to the mother and father.
þ No Acknowledgement - If both the mother and the alleged
father attend the administrative hearing but fail to
sign an Acknowledgment of Paternity, the administrative
officer explains to the mother and the father that they
have the right to agree to be bound by the results of
genetic testing. If both parties sign a Voluntary
Genetic Testing Agreement stating that they agree to be
bound by the results of genetic testing performed by an
examiner authorized by the Department of Human Services
and that they waive any right to a jury trial, the
administrative officer schedules a date and time for
the testing to occur. Notice of the testing is sent to
both parties by regular and ordinary mail.
If the mother and the alleged father both do not sign
an Acknowledgment of Paternity or a Voluntary Genetic
Testing Agreement, the CSEA denies and dismisses the
request for an administrative determination of
paternity and the mother and alleged father are
informed that they may bring an action to determine
parentage in juvenile court.
If the alleged father or the mother willfully fails to
appear for the genetic testing, the agency enters an
administrative order stating that it is inconclusive as
to whether the alleged father is the natural father of
the child and provides notice to the parties that an
action may be brought through the juvenile court to
establish the parent/child relationship.
þ No Show - If either the mother or the alleged father do
not attend the administrative hearing and fail to show
good cause for not appearing, the CSEA denies and
dismissses the request for administrative determination
of paternity and notifies both parties by ordinary mail
of their right to bring a paternity action in juvenile
court.
GENETIC TESTING RESULTS
Upon receipt of the genetic testing results, the CSEA
administrative officer issues one of three administrative orders.
þ If the results show a 95 percent or greater probability
that the alleged father is the natural father of the
child, the administrative offcer issues an
administrative paternity order stating that the alleged
father is the father of the child.
þ If the results of the genetic testing show a less than
95 percent probability that the alleged father is the
father of the child but do not exclude him, the
administrative officer issues an administrative order
stating that it is inconclusive whether the alleged
father is the natural father of the child.
þ If the results show that the alleged father is excluded
as the natural father of the child, the administrative
officer issues an administrative order that the alleged
father is not the father of the child.
ISSUING ADMINISTRATIVE ORDERS
When an administrative officer issues an administrative order
determining the existence or nonexistence of a parent and child
relationship, the order includes a notice that both the mother
and the alleged father may object to the determination by
bringing, within 30 days after the date the administrative
officer issued the order, an action in the juvenile court of the
county in which the alleged father, the mother, the child, or the
guardian or custodian of the child resides and that if neither
brings an action within that 30 day period, the administrative
order is final.
For additional information, please contact Ginny Weber at (614)
752-6561.
OREGON
Oregon has been operating for several years under a law which
provides for an administrative system for paternity
establishment. When both parents are present and agree to
paternity, the steps are simple. Both can sign a joint
Declaration of Paternity. The document is then filed with the
Department of Vital Statistics and a modest fee is paid (either
by the parents or the IV-D agency). Vital Statistics prepares
the birth certificate. For situations that are not as
straightforward as this, Oregon has a very effective
administrative paternity establishment process which has been
carefully refined over the last several years so that it now is
operated almost exclusively by non-attorney staff. According to
the the staff, since they prepare for very few trials, they
rarely see the mothers or the fathers because the process has
been effectively reduced to an organized set of very simple
procedures, clearly outlined in flow charts and utilizing
standard forms. The process provides multiple opportunities for
consent and has built in all their required due process
safeguards.
ALLEGATION
The basic law in Oregon is that to establish paternity there must
be a statement from one of the parents that a certain man or men
could be the father of the child. That is, either the child's
mother or a man who alleges himself to be the father, must name a
father for the child in question. For this reason, virtually all
AFDC paternity establishment actions in Oregon are based upon the
sworn statement of the child's mother that a certain man or men
could be the biological father. This affidavit is completed by
the child's mother at the IV-A office during the eligibility
determination process. After it is signed and sworn to, it is
sent to the IV-D office.
If the mother indicates that more than one man could be the
father, the IV-D office initiates action first against the man
who the mother believes to be the "most likely father". If she
cannot identify the "most likely father", the IV-D agency will
serve the alleged father upon whom it can effect personal
service. In most cases, these issues are not relevant because
the mother names only one possible father.
NOTICE AND FINDING
A Notice and Finding of Financial Responsibility and Proposed
Order, a document analogous to a civil complaint or petition,
must be served upon the alleged father personally and in person.
It alleges that the named man is the father of the child, asks
for relief, and sets forth the process by which paternity can be
admitted or denied. It is accompanied by an order requiring the
alleged father to submit to blood tests in the event that he does
not admit the allegation. The IV-D agnecy will not accept an
admission of paternity without blood tests in those cases in
which the mother names more than one man as the possible father
without being able to identify the "most likely father".
RESPONSES TO NOTICE
Once the Notice and Finding is served upon the alleged father,
one of the following outcomes is likely to occur.
þ Default - If the alleged father does not respond to the
Notice and Finding in any way, the IV-D ageny will
enter an order establishing paternity.
þ Denial - If the alleged father returns a written denial
of paternity, genetic tests (including DNA) are
scheduled pursuant to the order requiring blood tests
that was served with the notice. If the alleged father
fails to appear for the scheduled blood draw, the IV-D
agency enters an order establishing paternity.
þ Consent - If the alleged father admits paternity in
writing, the IV-D agency enters an order establishing
him as the father. The corollary issues of child
support and medical insurance may also be settled by
consent at this time. If no agreement is reached on
these issues, the paternity order is entered and a
hearing is set on the support and medical insurance
obligations.
GENETIC TESTING RESULTS
Genetic testing results of at least a Cumulative Paternity Index
of 99 or greater establishes a prima facie case of paternity.
The results of such a test are served upon the parties giving
them 30 days to object to the entry of an order establishing
paternity. If neither party objects, the IV-D agency enters the
order. If one of the parties objects, the matter is certified to
court for trial and the determination of paternity becomes a
judicial matter. After an order establishing paternity is
entered, the court may remand the support issue to the IV-D
agency for administrative determination.
FILING ADMINISTRATIVE ORDERS
The Notice and Finding and all administrative orders are issued
by the IV-D agency and signed by designated agency staff people.
All administrative orders establishing paternity and support are
routinely filed with the Circuit Court. A judge does not have to
approve them or sign them. The clerk merely dockets them, and
they thereby attain the full force and effect of a final judgment
of the court.
Oregon's administrative process appears to avoid contested court
actions. METS Periodic Report No. 1, OCSE-IM-92-06 indicates
that Oregon reports that they are establishing approximately 440
paternities per month, of which only one is court-ordered.
For additional information, please contact Janet Eixenberger at
(503) 378-4879.