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This topic contains information on the following subjects:
1. The paternity establishment process;
2. Interviewing the alleged father/noncustodial parent (NCP);
3. Paternity establishment for minor parents;
When the location of a noncustodial parent (NCP) is known and confirmed and paternity is at issue, the local CSS agency is responsible for proceeding with attempts to establish paternity.
If the mother of a child born out of wedlock is being pursued and the father is not, paternity establishment is not a required case activity. For purposes of establishing and enforcing a support obligation for the mother, issues of whether a child was born of a marriage and the identification of the child's father are not relevant.
The preferred manner in which paternity can be established is through a voluntary process. This is done by an admission of paternity based upon the signing of an Affidavit of Parentage (DSS-4697) by both parents. The Affidavit of Parentage is a universal form that is used throughout the CSS program as well as by hospitals and others to establish paternity.
Other legal processes available are:
1. Legitimation;
2. Civil Paternity Action (including UIFSA, long-arm actions, and straight civil paternity suits);
Per federal regulations at 45 CFR 303.4, within ninety (90) calendar days of locating an alleged father, CSS must either establish an order for support voluntarily (including paternity establishment if paternity of the child is at issue); complete service of process to establish paternity either civilly or criminally; or document in the CSS case record unsuccessful attempts to serve process.
If the client names more than one possible father, the CSS agency must meet the time standards for each alleged father pursued. In order to expedite the process, it might be appropriate to request paternity testing on all parties prior to filing the action, or name two (2) or more defendants in the paternity petition.
When paternity is at issue for a child, the case that includes the child and the alleged father is assigned to the “Paternity” processing status, unless the alleged father does not have an address where he can be served. When this occurs, the case is assigned to the “Locate” processing status until the alleged father is located. When the alleged father is located, ACTS assigns the case to the Paternity processing status and notifies the responsible caseworker(s) that they can proceed with the Paternity establishment process. For additional information, see the Locate Chapter.
NOTE: Open cases with a child whose paternity is at issue that has the mother as the NCP are not assigned the Paternity processing status, regardless of the status of other cases containing the child that have an alleged father as the NCP. The case with the mother as NCP moves from the Initiation processing status to Locate, Establishment, or Enforcement, as appropriate.
The responsible caseworker indicates in ACTS that paternity is at issue for a child participant who is added to a new or an existing case.
For open cases with a child who is born out of wedlock in which the NCP/alleged father is named or listed as "Unknown", caseworkers must indicate in ACTS that paternity is at issue. If the only open case with a child who is born out of wedlock contains the mother as the NCP, caseworkers must document in ACTS that paternity is not at issue.
The following rules are used when a client with an existing case has a new child whose paternity is at issue:
1. If the alleged father IS NOT the father (or alleged father) of any other child(ren) in the client's existing case(s), a new case is created with that client, the new child, and the alleged father.
2. If the alleged father is already under a support order for any other child(ren) with the client, a new case is created with that client, the new child, and the alleged father. The paternity action is filed under a separate docket number. If the alleged father is later found to be the father of the new child, the cases are consolidated after the order is obtained. The new case is closed and the new child added to the original case as an active participant.
3. If the alleged father is the father (or alleged father) of another child with the client AND that child IS NOT yet covered under a support order, the new child is added to the existing case. The case is assigned to the Paternity processing status if the alleged father's whereabouts are known. Paternity and/or support can be pursued for BOTH children in the same case.
Legal procedures to establish paternity can begin as soon as the mother signs the Mother's Certification portion of the Affidavit Of Parentage (DSS-4697). The mother and the natural father have an opportunity to sign the Affidavit at the birthing hospital.
If the parents sign the Affidavit at the hospital, the responsible caseworker documents both parent’s names and MPI numbers in ACTS. Caseworkers also enter a paternity disposition for the child(ren), even if paternity is NOT at issue.
If the parents DO NOT sign the Affidavit Of Parentage at the hospital, paternity can be established voluntarily at a later date. This situation might require caseworkers to generate an Affidavit Of Parentage. When caseworkers obtain the mother's (but NOT the father's) signature on the Affidavit Of Parentage, caseworkers should contact the alleged father and schedule an interview (or have him call the office.) Caseworkers can also generate a Demand Letter To Alleged Father (DSS-4539) or Appointment/Demand Letter Letter To Alleged Father (DSS-4460).
When the alleged father is willing to admit paternity, caseworkers should arrange for him to sign the Affidavit of Parentage. Once the alleged father has signed the Affidavit and it has been filed with N.C. Vital Records, caseworkers must enter a finding of paternity in ACTS.
After signing the Affidavit of Parentage, the NCP/alleged father has sixty (60) days in which to file an appeal. If the NCP files an appeal and the judge determines that the Affidavit of Parentage is invalid AND the paternity disposition for the child has already been entered, caseworkers must follow the steps for a rescission of paternity.
When the alleged father is NOT willing to admit paternity, caseworkers might need to arrange for paternity testing for the appropriate participants and to enter the results of those tests in ACTS.
If paternity testing confirms that the alleged father is indeed the father of the child(ren) in question, he can still voluntarily admit paternity by signing the Affidavit Of Paternity.
When the father DOES NOT voluntarily admit paternity, caseworkers can proceed with civil or criminal court action to establish paternity. Once court action is necessary, caseworkers must schedule a court hearing. After the court hearing has occurred, caseworkers enter the results of the hearing in ACTS.
Once the alleged father/NCP has been located, the first step in establishing a paternity order is to contact him/her. Caseworkers can either schedule an interview with the NCP immediately, or they can first request that the NCP parent call the office.
Prior to any discussion with a minor father, CSS must advise him of the right to have an adult present. The letter that is sent to request a minor alleged father's appearance at the interview also informs him of this right.
It is strongly recommended that any discussion with a minor be conducted in the presence of a parent, legal guardian, or other adult who is responsible for or has an interest in the welfare of the minor. If the minor elects not to have an adult present, CSS must have the minor parent sign the Minor Parent/Adult Representative Statement (DSS-4540) BEFORE continuing with the interview. If an adult is present, have that person sign the DSS-4540 document. Retain the completed form in the case file.
When conducting the interview with the alleged father, caseworkers must:
1. Explain the allegation, along with the consequences of being found to be to be the legal parent of the child. Advise the alleged father that the agency is required, under Section 466(a)(13) of the Social Security Act, to include the Social Security number of any person subject to a paternity determination or acknowledgement or support order in the records relating to the matter, and that disclosure ofthis Social Security number is mandatory for provision of CSS services. Inform the alleged father of his right to counsel, paternity tests, and a hearing. Inform the alleged father of his right to counsel, pattternity tests, and a hearing.
2. Obtain additional information about the alleged father and enter it in ACTS, as he provides it.
3. Offer the alleged father an opportunity to admit paternity. If the alleged father admits paternity, have him sign the Father's Certification portion of the Affidavit Of Parentage (DSS-4697). If the alleged father admits paternity and signs the Affidavit, responsible caseworkers must send the original Affidavit Of Parentage to N.C. Vital Records within five (5) days of completion. Photocopies are provided to each parent and the CSS case file.
4. If the alleged father admits paternity, obtain as much additional information about his income, assets, and expenses as possible. Caseworkers can enter this information online as the alleged father is providing it.
5. When caseworkers file a support action with the court, they obtain a docket number from the Clerk of Court. Caseworkers should store the assigned docket number in ACTS as soon as they obtain it. Early entry of the docket number facilitates the generation of legal documents, as well as the early receipting of payments.
Caseworkers must enter a disposition for an interview appointment so that their activities are recorded as events in the case record.
When establishing paternity for a child in a case in which the alleged father is an unemancipated minor (under the legal age of 18), CSS must ensure that the minor's rights are protected. Prior to discussions between the agency and the minor alleged father, CSS must advise him of the right to have an adult present and document his decision.
Otherwise, the interview process for a minor alleged father is the same as that for an adult alleged/putative father.
G.S. 110-132 states that the written admission of paternity is binding on an individual, whether adult or minor. However, if an adult representative is present at the signing of the Affidavit Of Parentage (DSS-4697) by a minor parent, the adult should also sign the affidavit.
For a contested civil paternity case in which the defendant is a minor, the court must appoint a guardian ad litem for the minor.
If the mother is also a minor, any subsequent legal actions should be captioned in either the name of the agency, in the name of the custodial parent, or through her guardian ad litem.
When CSS caseworkers generate service of process documents for paternity activities, ACTS automatically selects the mailing address that is listed for the alleged father/NCP to appear on those documents. However, the actual physical address where the NCP should be served could be different (for example, the NCP's mailing address could be a Post Office Box.)
Service of process can be accomplished by certified mail or personal service by the Sheriff's Department, depending on the local office's preference. When caseworkers learn whether or not the service of process was successful, they document this information in ACTS.
If an attempt to serve the NCP at a home address has failed and his/her employer is recorded in ACTS, the documents are immediately issued for service at the employer's address. Similarly, if an attempt to serve the documents at the employer's address has failed and a current mailing or residential address is recorded for the NCP, new documents are immediately issued for service at the mailing/ residential address.
If service was unsuccessful because the NCP's address is wrong or no longer valid, caseworkers change the address type that was used for service to the “old” address.
If an attempt to serve the NCP at the employer's address reveals that the NCP is no longer employed there, caseworkers enter the appropriate date in ACTS as the final work date.
If the service is unsuccessful due to evasion or because the NCP is "unavailable," new documents are generated as appropriate and reissued. If the return of service indicates a date when the NCP will become "available," caseworkers create a reminder in ACTS for that date so that they can issue the necessary service of process documents at that time. Otherwise, the new documents are issued immediately.
A civil summons expires if it has not been successfully served within sixty (60) days of it being issued. If the summons has not been successfully served within twenty-six (26) days, ACTS notifies the responsible caseworker(s) that the summons must be renewed within four (4) days.
Once an NCP’s home address or employer has been recorded, federal regulations require that a summons be served (or an order entered) within ninety (90) calendar days. If the case remains in the Paternity or Establishment Processing Status for seventy-six (76) days after the address/employer was entered, ACTS notifies the responsible caseworker(s) of this time frame UNLESS the service date for the summons or the reason for unsuccessful service is entered in ACTS, or caseworkers enter a court order for the case.
The federally-required expedited processing time standards require that within ninety (90) days of location of an alleged father/NCP, CSS must establish an order for support including establishment of paternity if paternity of the child is at issue; complete Service of Process; or document unsuccessful service.
The federal incentive funding system to states includes a measure of rates of paternity establishment. Within a fiscal year, paternity must be established for ninety percent (90%) of children born out of wedlock.
Paternity Establishment Formula:
Total # of children born out of wedlock in the state, for whom paternity was established during the fiscal year
DIVIDED BY
Total # of children born out of wedlock during the preceding fiscal year
NOTE: If the paternity establishment rate for a state is below ninety percent (90%), the rate must be increased incrementally on a yearly basis until the rate reaches ninety percent (90%).
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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