ESTABLISHMENT OF PATERNITY                  

CS 329P-3 Paternity Disestablishment, Amending Administrative Orders Based on Genetic Test Results

04/87 Revised 08/13/08 Training Completed 07/17/06

UCA 63G-4, 78B-12-112(3)(c)

 

Amending Administrative Orders due to Genetic Test Exclusion

 

Administrative paternity orders issued under UAPA may be amended to prospectively disestablish paternity and both administrative paternity orders and administrative support orders may be amended to prospectively terminate the current child support obligation when genetic testing was not completed before the order was established. 

 

Either parent can request that paternity be disestablished and/or the support obligation be terminated based on genetic test results that exclude the previously adjudicated or presumed father.  CSS will amend the administrative order to disestablish paternity and/or terminate the support obligation only if:

 

1.                  the genetic test results are from an accredited lab and include complete chain of custody documentation;

 

2.                  the original order is an administrative order under UAPA;

 

3.                  the administrative order has not been registered judicially;

 

4.                  genetic testing was not completed prior to the administrative order being established;

 

5.                  a VDP was not previously filed with the Department of Health, Office of Vital Records and Statistics (OVRS) (if there is a signed VDP, it must be rescinded judicially); and,

 

6.                  the other parent does not contest the action.  If the other parent contests the action, notify the participants that the original administrative order will not be amended and the requesting party must initiate judicial action if s/he wishes to pursue the issue further.

 

            NOTE:  Although a presumed father may present genetic test results that exclude him as the biological father of a child, terminating the support obligation for a presumed father is not the same legal situation as “disestablishing paternity.”  The situations are presented together in this section only because the required paperwork and procedures are similar.   

 

Procedures when Genetic Tests Exclude an Administratively Adjudicated or Presumed Father

 

Post-order agent responsibilities:  If a post-order agent receives genetic test results that exclude the previously adjudicated or presumed father as the biological father, and the case meets the criteria listed above, the post-order agent will take the steps listed below.

 

1.                  Verify that no genetic tests were completed during or prior to the initial proceeding.

 

2.                  Verify that the only existing order is an administrative order under UAPA and that the administrative order has not been registered judicially.

 

3.                  Create a case-level narrative indicating that you have received test results excluding the adjudicated or presumed father and which party provided the test results.

 

4.                  Continue normal enforcement activities until an order is issued that terminates the existing child support order. 

 

5.                  Refer the physical case file to the pre-order agent within the same office as the post-order team.

 

Pre-order agent responsibilities:  If a pre-order agent schedules the genetic tests and receives genetic test results excluding the adjudicated or presumed father as the biological father, the pre-order agent will take the steps listed below.

 

1.                  Create a case-level narrative indicating that you have received test results excluding the adjudicated or presumed father.

 

2.                  Obtain the physical case file from the post-order team.

 

3.                  If the previously adjudicated or presumed father is the requesting party:

a.                   Send the “Notice of Paternity Decision to Mother Based on Father’s Request” letter, a copy of the genetic test results, and a copy of the photograph of the previously adjudicated or presumed father taken at the time of the genetic tests (which should accompany the test results), to the mother by certified mail. 

b.                  Send the previously adjudicated or presumed father the “Notice of Paternity Decision to Father Based on Father’s Request” letter by certified mail.

c.                   Monitor for response from the mother. 

i.                     The mother has 30 days to contest this action. 

ii.                   The mother may waive the 30-day period by completing the waiver attached to the letter and returning it to you.

d.                  If the mother agrees to disestablishment of paternity and/or to termination of the adjudicated or presumed father’s support obligation and waives the 30-day challenge period, or does not contest the action within 30 days:

i.                     Issue a “Decision and Order Based on Genetic Tests.”  This informs the parties that the previously adjudicated father is no longer the legally established father (or that the presumed father no longer has an administratively ordered support obligation) and the month and year the current child support obligation for that child will terminate.  Choose the appropriate option to distinguish between disestablishing administratively adjudicated paternity and terminating a presumed father’s support obligation. 

 

NOTE:  If there are additional children in the support order who have not been excluded by genetic tests, create a new guidelines worksheet for the remaining children using the same income information that was included in the original order and select the ongoing support options for the remaining children in the order.

i.                     Send a copy of the order to both parents and provide a copy to docketing.

ii.                  The Presiding Officer (PO) must send the “Notice of Adjudication of Paternity,” a copy of the Birth Look-up screen and a copy of the order disestablishing paternity to the docket unit for forwarding to OVRS once the order is received and ORSIS has been updated.  

iii.                  End the current support debt as of the termination date listed in the order.

iv.                 Update the paternity information on ORSIS.

v.                   Return the physical case file to the post-order team to collect any arrears that accrued prior to the termination order.

vi.                 Open a new case on ORSIS to pursue the next consort(s).

b.                  If the mother, either personally or through legal counsel, contests the action to disestablish paternity of an administratively adjudicated father or to terminate the administratively ordered support obligation of a presumed father:

i.                     Issue a “Decision and Order” that states the order shall remain in effect and advise the previously adjudicated or presumed father that he must initiate judicial action if he wishes to pursue the issue further.

ii.                   Return the physical case file to the post-order team to continue enforcement of the existing order.

 

5.                  If the mother is the requesting party:

a.                   Send the “Notice of Paternity Decision to Father Based on Mother’s Request” letter, a copy of the genetic test results, and a copy of the photograph of the mother/child taken at the time of the genetic tests (which should accompany the test results), to the previously adjudicated or presumed father by certified mail. 

b.                  Send the mother the “Paternity:  Notice of Paternity Decision to Mother--Mother’s Request” letter by certified mail.

c.                   Monitor for response from the previously adjudicated or presumed father.  The previously adjudicated or presumed father has 30 days to contest this action.  The previously adjudicated or presumed father may waive the 30-day period by completing the waiver attached to the letter and returning it to you.

d.                  If the previously adjudicated father agrees to disestablishment of paternity (or the presumed father agrees to termination of the administratively ordered support obligation) and waives the 30-day challenge period, or does not contest the action within 30 days:

i.                                             Issue a “Decision and Order Based on Genetic Tests.”  This informs the parties that the previously adjudicated father is no longer the legally established father (or that the presumed father no longer has an administratively ordered support obligation) and the month and year the current child support obligation for that child will terminate.  Choose the appropriate option to distinguish between disestablishing administratively adjudicated paternity and terminating a presumed father’s support obligation.  

 

NOTE:  If there are additional children in the support order who have not been excluded by genetic tests, create a new guidelines worksheet for the remaining children using the same income information that was included in the original order and select the ongoing support options for the remaining children in the order.

ii.                                           Send a copy of the order to both parents and provide a copy to docketing.

iii.                                        The PO must send the “Notice of Adjudication of Paternity,” a copy of the Birth Look-up screen and a copy of the order disestablishing paternity to the docket unit for forwarding to OVRS once the order is received and ORSIS has been updated. 

iv.                                         End the current support debt as of the termination date listed in the order.

iv.                 Update the paternity information on ORSIS.

v.                   Return the physical case file to the post-order team to collect any arrears that accrued prior to the termination order.

vi.                 Open a new case on ORSIS to pursue the next consort(s).

e.                   If the previously adjudicated father, either personally or through legal counsel, contests the action to disestablish paternity:

i.                     Issue a “Decision and Order” that states the order shall remain in effect and advise the mother that she must initiate judicial action if she wishes to pursue the issue further.

ii.                   Return the physical case file to the post-order team to continue enforcement of the existing order.

 

NOTE:  In accordance with UCA 78B-15-9.3(3)(c), child support orders are not subject to retroactive modification or amendment.  All support that has accrued through the date on which the “Decision and Order” is issued is still owed.  Therefore, do not refund any support payments to the non-custodial parent unless ordered by the court after an adversarial proceeding.  Use regular collection methods to collect all past-due support.  You may also negotiate a settlement with the previously adjudicated or presumed father to pay the debt in full. 

 

The previously adjudicated or presumed father or the mother may request reconsideration or judicial review of the Decision and Order.