ESTABLISHMENT OF PATERNITY

CS 329P-4 Paternity Disestablishment, Genetic Testing After the Order

04/87 Revised 08/13/08 Training Completed 04/28/05

UCA 63G-4, 78B-12-112(3)(c), 78B-15-501 to 511, 78B-15-614, 78B-15-617

 

Administrative Order, Parents Contest Paternity - Procedures

 

Post-order agent responsibilities: 

 

If a post-order agent receives a request for genetic testing from a judicially adjudicated father (or mother) or a declarant father (or mother) with a judicial support order, the post-order agent will inform the parties that they will need to contest paternity and the support order through the court that issued the order.    

 

If a post-order agent receives a request for genetic testing from a mother, an administratively adjudicated father, or a declarant or presumed father with an administrative support order, the post-order agent will take the steps listed below.

 

NOTE:  These procedures also apply to incoming interstate cases with Utah administrative orders.  Do not contact the initiating state about the genetic test costs for administratively adjudicated fathers.

 

1.                  Create a narrative indicating who requested the genetic tests and any other details about the request.

 

2.                  Continue normal enforcement activity while genetic tests are pending.

 

3.                  Refer the file to the pre-order agent within the same office as the post-order team.

 

Pre-order agent responsibilities: 

 

After the pre-order agent receives the case file and the genetic test request from the post-order team, the pre-order agent will be responsible for the procedures listed below.

 

1.                  Do not facilitate genetic tests (free or pre-paid) in the following situations:

a.                   The Utah administrative order was based on genetic tests results from an accredited lab which were not contested during the allotted timeframes.

b.                  The Utah administrative order has been registered in a judicial court.  Refer to the “Judicial Orders” section above. 

c.                   The paternity or child support order was issued by another state.

 

NOTE:  Use the “Paternity: Genetic Test Denial” to notify the requester of the reason genetic tests will not be provided by CSS.

 

2.                  Agree to facilitate PRE-PAID genetic tests in the following situations:

a.                   Paternity was established by a Utah administrative stipulation that includes a provision waiving the right to request testing from CSS in the future.

b.                  Paternity was established by a Utah administrative combination order after the parties had been served with a notice containing a provision that if the parties declined testing at that time, they waived their right to request testing from CSS in the future.  (The parties “declined” testing by failure to respond to the notice as directed, by failure to participate in genetic testing during the establishment process, or by submission of a written statement declining genetic tests.)

c.                   The requesting party (declarant father or mother) signed the “Notice to Mother/Declarant Father to Request or Decline Genetic Test” declining genetic tests at any time in the past.

 

NOTE:  If the parties have waived their right to genetic tests facilitated by CSS, and they choose not to prepay for genetic tests through CSS, they still have the option of pursuing genetic tests on their own through a private lab, accredited by either the American Association of Blood Banks (AABB) or the American Society for Histocompatibility and Immunogenetics (ASHI) (see CS 317 for links to lists of accredited labs).  CSS will accept privately-obtained genetic test results only if the parties provide a reliable chain of custody for the genetic test samples as described in UCA 78B-15-504(2), which states: 

 

“(2) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
     (a) the names and photographs of the individuals whose specimens have been taken;
     (b) the names of the individuals who collected the specimens;
     (c) the places and dates the specimens were collected;
     (d) the names of the individuals who received the specimens in the testing laboratory;
     (e) the dates the specimens were received; and
     (f) the finger prints of the individuals whose specimens have been taken.”

 

If these standards are not met, do not accept the results and advise the parties of their testing options under CSS’s normal procedures. 

3.                  Agree to facilitate FREE genetic tests for the parties in the following situations:

a.                   The Utah administrative paternity order was based on a “Notice of Agency Action:  Paternity and Child Support” that did not include a provision that if genetic tests were declined, the parties waived their right to genetic testing facilitated by CSS, and testing was not completed prior to the order.  The provision first appeared in this notice in August 2003.  This applies to all alleged fathers, even if they signed a VDP after being served.

b.                  The Utah administrative order was issued against a presumed father (formerly “legal father”) based on a “Notice of Agency Action:  Child Support” that did not offer genetic tests through CSS.  Former procedures did not allow presumed fathers the opportunity to test through CSS at no charge, even if the parties requested testing during the establishment process.  After August 2003, a presumed father may still receive this notice without the genetic testing provision if the paternity question is not raised during the establishment process.

c.                   The Utah administrative order was issued against a declarant father based on a “Notice of Agency Action:  Child Support” that did not offer genetic tests through CSS.  Former procedures did not allow declarant fathers the opportunity to test through CSS since paternity was legally established by the VDP.  The genetic testing provision first appeared in this notice for declarant fathers in August 2003. 

 

NOTE:  When you agree to facilitate genetic tests in an adjudicated, declarant, or presumed father situation, explain to the requesting party that CSS will only be able to facilitate the tests if all of the parties cooperate.  If the non-requesting party will not cooperate with the tests, the requesting party will need to pursue the matter judicially.

 

4.                  Establish a genetic test obligation for prepaid testing.  If genetic test fees should be prepaid, take the following steps.

a.                   Send the “Paternity:  Notice for Adjudicated or Presumed Father Cases, Pre-pay Genetic Test Costs” to the requesting party.

b.                  Return the physical case file to the post-order team.

c.                   Monitor for the payment to be received.  If the required prepayment is not received within 60 days, take the following steps:

i.                     Create a case level narrative indicating that no payment for the genetic testing was received within 60 days of the letter, that the fees debt and obligation have been ended, and that no further steps will be taken to schedule genetic testing at this time.

 

5.                  Schedule the genetic tests. 

 

NOTE:  It is always preferable to perform triad testing, if possible.  Do not rely on dyad testing simply for convenience or cost reasons when the mother is available to participate in tests (i.e., the mother doesn’t want to take off of work for testing, or paying for just the father and child to be tested in pre-pay situations would be less expensive).  In a situation where the father is trying to disestablish paternity, the mother’s participation provides the important quality control measure of ensuring that the correct child is tested.  Dyad testing must be authorized by the CSS Director (send the request through your management chain.) 

6.                  Notify the parties of the testing appointment.  Each appointment letter contains a statement that if the party fails to participate in genetic tests at this time, they cannot request testing from CSS at no charge in the future.  (This does not include simply rescheduling the appointment for a different time.)

a.                   Send the mother the “Paternity:  Genetic Test Appointment, Mother--Adjudicated or Presumed Father.”

b.                  Send the father the “Paternity:  Genetic Test Appointment, Adjudicated or Presumed Father.”

c.                   If either the declarant father or the mother requests genetic testing, attempt to obtain a signed consent from both parties, consenting to the action to rescind the VDP if the genetic test results exclude the declarant father.  You may proceed to schedule the genetic tests based on one party’s request; however, mail additional copies of the consent letter with the appointment letters or meet with all parties prior to the genetic test appointment to obtain their signatures on this form.  While the testing may be completed based on one party’s request, both parties must consent to having the VDP rescinded before the AGO can act on results that exclude the declarant father.

d.                  Place copies of the letters in the physical case file.

 

7.                  Monitor attendance at genetic test appointment. 

a.                   If the non-requesting parent refuses to participate in genetic testing, inform the requesting parent that CSS is unable to facilitate testing until the non-requesting parent will participate.  The requesting parent will need to pursue the matter judicially. 

b.                  If the requesting party fails to participate in genetic tests and does not contact you to make other arrangements after receiving the genetic testing appointment letter, the party has waived the right to request testing from CSS in the future.  The requesting parent will need to pursue testing privately through an accredited lab or pursue the matter judicially.

c.                   If genetic tests cannot be completed due to a party failing to participate, create a case-level narrative explaining why tests cannot be completed at this time and documenting that the requesting parent has been notified.    

 

NOTE:  If the location of either parent is unknown or becomes unknown during the testing and disestablishment process, take all appropriate steps to locate the missing parent (including sanction or closure procedures if the custodial parent’s location is unknown) and resume genetic testing efforts when the parent is located.

 

8.                  Monitor for genetic test results. 

a.                   If the father is included by the genetic test results (a paternity index of at least 100), take the following steps.

i.                     Send the “Paternity:  Genetic Test Results to Mother--Paternity Order Confirmed” with a copy of the genetic test results to the mother.

ii.                   Send the “Paternity:  Genetic Test Results to Adjudicated or Presumed Father--Paternity Order Confirmed” with a copy of the genetic test results to the father.

iii.                  Place the original test results in the physical file.

iv.                 Notify the post-order team that testing is complete, the father was not excluded, and that they can continue enforcement actions.

a.                   If the father is excluded by the genetic test results, verify that the correct parties were tested, then proceed with the procedures in CS 329P-1 Paternity Disestablishment, Rescission of the “Affidavit for Voluntary Declaration of Paternity by Parents;”  CS 329P-2 Paternity Disestablishment, Judicial Order Required; or CS 329P-3 Paternity Disestablishment, Amending Administrative Orders.

 

NOTE:  UCA 78B-15-511 states:

 

“Release of the report of genetic testing for parentage is controlled by Title 63, Chapter 2, Government Records Access and Management Act.”

 

While you may release the genetic test results as directed in Volume 2 to the tested parents, AGO, courts, and other state agencies as required in the normal course of business, be aware that other written requests for copies of the genetic test report must be handled according to ADM016 policy “Release of Information: GRAMA and Other Designations.”