ESTABLISHMENT OF PATERNITY
04/87 Revised 05/05/11 Training Completed 05/19/11
Occasionally an alleged father will apply for services for the purpose of establishing himself as the legal father of a child. ORS/CSS will not provide paternity establishment services for an alleged father applicant unless:
§ The alleged father has physical custody of the child(ren) according to a DWS finding that he is eligible for assistance/Medicaid with the child(ren); or,
§ A court order supports the alleged father pursuing paternity establishment (i.e. a Juvenile Court order requires genetic testing or paternity establishment) or provides legal rights to the alleged father (such as custody or guardianship).
NOTE: CIC cases where paternity for a child in custody is being pursued against an alleged father based only upon the affidavit of the mother (not due to a court order or physical custody) do not fall into this category because the alleged father is not the applicant for services.
If an alleged father applies for services, refer to the procedures below.
Procedures when Alleged Father does not have the Child
If the alleged father applicant does not have physical custody of the child as described above, Intake will notify him that he must provide a court order which allows or requires him to pursue paternity establishment, or provides him some form of legal rights in regards to the child.
If he provides a court order, the case can be referred to pre-order. Pre-order will refer the case to the AGO for judicial establishment. Do not use the administrative process to establish paternity for an alleged father applicant who does not have physical custody of the child(ren), even if the action is supported by a court order.
If he does not provide a court order, prepare the case for closure.
Procedures when Alleged Father has the Child
The process for establishing paternity and a child support order when the alleged father is the applicant is very similar to the process described in Administrative Notice of Agency Action: Paternity and Child Support. Below are a few additional guidelines to follow.
1. Ask the applicant/alleged father to complete the “Affidavit of Affiliation” indicating that to the best of his knowledge, he is the biological father of the child(ren).
2. Prepare the appropriate Notice of Agency Action: Paternity and Child support as directed in Paternity: Adjudicated, Presumed and Declarant Fathers and Administrative Notice of Agency Action: Paternity and Child Support. If both parents are willing to submit to genetic testing, you may schedule genetic tests prior to serving the NAA. Select the appropriate letters from those listed above to notify the parties of their genetic test appointments depending on which party has the child and can bring the child to the test appointment. If you do not schedule tests prior to the NAA, include a test appointment for each party with the NAA.
3. Serve the NAA on each party. The alleged father must be served personally. The mother can be served by certified mail.
4. If the mother names other alleged fathers refer to Multiple Consorts for instructions.
5. If both parents are willing to sign an administrative stipulation of paternity and child support but decline genetic testing, inform them that not submitting to genetic testing means they will waive the right to future tests arranged and paid for by CSS.
6. Genetic tests: It is preferable to have all parties participate in genetic testing, if possible; however, if all parties will not participate, take the following steps:
a. If the mother will not cooperate in the process, you may proceed with genetic testing of the alleged father and the child only (dyad testing) after consulting with your manager, ARD or RD and receiving the appropriate approval per policy. The results of dyad testing are as conclusive as those obtained from three person (triad) testing. In this situation, do not establish an administrative paternity order with only the alleged father’s cooperation without the results of a genetic test as supporting evidence.
b. If the alleged father will not cooperate with dyad testing, pursue a non-cooperation sanction or prepare the case for closure, as appropriate.
7. If the alleged father is not excluded by genetic testing, establish a two-parent order using the procedures described in the Establish Order and Paternity sections of Volume 2.
8. If the mother contacts CSS during the administrative order establishment process to contest paternity establishment, or if extenuating case circumstances indicate that administrative establishment would not be appropriate, dismiss the administrative notice and refer the case to the Attorney General Office (AGO) for judicial paternity establishment.
Procedures—Paternity Already Established for A Different Father
After paternity has been legally established for a child, if a third party alleges that he is the biological father or otherwise wants to challenge the established paternity, it will be up to the third party to pursue his own action in court. This applies to any method of legal paternity establishment, “Voluntary Declarations of Paternity by Parents,” administrative orders and judicial orders. Notify the third party/applicant and close the case.