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This topic contains information on the following subjects:
5. An overview of the paternity testing process;
6. Paternity testing laboratory contracts;
7. Evidentiary stipulations for paternity tests;
8. Payment for paternity tests;
9. Billing for paternity tests;
10. Paternity test appointments;
Paternity testing provides scientific evidence that can be used in determining a child's parentage or in eliminating the wrong person from consideration.
If a child was born to unmarried parents and there has been no paternity determination, conducting paternity tests could be appropriate in a CSE case. Testing could also be appropriate if the parents were married but there is only a "marital presumption" of paternity. This presumption exists if the parents were married at the time of conception or birth of the child, but no court order, voluntary admission of paternity, or legitimation has addressed the issue of paternity.
DNA analysis is the preferred type of paternity testing. It can be performed through analysis of blood or buccal cells (collected from the inner cheek area using a cotton swab) at any time after the child's birth, which expedites the paternity establishment process.
If paternity testing is appropriate but an alleged father fails to request it in a disputed paternity case, the local CSE agency should initiate the testing, even if it involves payment by the agency. Other advantages such as admission of paternity by the putative father and settlement of cases out of court can far outweigh any initial expense borne by the agency.
Using a test sample previously collected from an alleged father to determine the paternity of a different child is prohibited unless the alleged father has given written consent for that sample to be used to determine the parentage of this child.
Paternity tests can be conducted by agreement of parties, by the use of an administrative subpoena, or by court order.
1. Although testing done by agreement of parties does not require a court order, any agreement or stipulation between the parties must be in writing.
2. Testing by use of an administrative subpoena (G.S. 110-132.2) gives the local child support office the authority, without obtaining a court order, to subpoena a minor child, the minor child's mother, and the putative father of the minor child (including the mother's husband, if different from the putative father) to appear for the purpose of undergoing paternity testing to establish paternity.
An administrative subpoena requiring individuals to appear for paternity testing can only be issued by CSE when such a proceeding for either establishment of paternity and/or support is pending with the court. The same court file number of the pending proceeding is included on the subpoena. Service of the subpoena can be made by the delivery of a copy to the person named in the subpoena by a sheriff's deputy or by registered or certified mail (return receipt requested).
A person who is subpoenaed to submit to testing can contest the subpoena. To contest the subpoena, a person must request a hearing in the county of the local CSE office that issued the subpoena within fifteen (15) days of receipt of the subpoena. The hearing is scheduled by the Clerk of Court and held in district court. Notice of the hearing must be served by the petitioner on all parties involved in the proceeding. Service of notice of the hearing shall be in accordance with the service process described above.
The hearing has to be held and a determination made within thirty (30) days of the petitioner's request for a hearing as to whether the petitioner must comply with the subpoena to undergo testing. If the trial court determines that the petitioner must comply with the subpoena, then this decision will not prejudice his determination in future paternity litigation from this same individual.
3. Testing by a court order requires that the case be heard in district court. A judge then issues an order for the mother, the child, and the alleged father to submit to paternity testing.
G.S. 49-14 requires paternity testing in any contested civil case if the child is more than three (3) years old or if the putative father is deceased.
When local CSE receives test results from the laboratory, copies of the report must be provided to all parties in the case. A party can contest the results of the paternity test. If the results are contested, the agency shall obtain additional testing upon request and advance payment by the contestant.
CSE agencies are required by federal regulation at 45 CFR 303.5 to secure testing services from laboratories that perform legally and medically acceptable paternity tests at a reasonable cost and to obtain services through a competitive procurement process. Any selected laboratory must be accredited by the American Association of Blood Banks. CSE agencies must make available a list of such laboratories to the appropriate courts and law enforcement officials and to the general public upon request.
The following factors should be taken into consideration when selecting a laboratory:
1. The laboratory's ability to handle the required volume;
2. Established quality control procedures;
3. The quality of reports which indicate the likelihood of paternity when the NCP is not excluded; and
4. The availability of an expert witness.
NC DHHS enters into contracts with laboratories for paternity testing in child support cases. Paternity testing services under a State contract are available to all county CSE agencies. Federal reimbursement of test costs is available at the rate of sixty-six percent (66%) of the costs. The remaining share is borne by the county unless the noncustodial parent agrees or is ordered by the court to pay some or all of the cost.
Under the State contract, test costs do not vary due to the collection method (either venipuncture or buccal swab) or the specific tests that are conducted. With ten (10) days notice, expert witness testimony and evidence can be provided at court hearings at no additional cost. The contracted lab also provides consultation by phone or in writing at no cost.
The state CSE-contracted laboratory is:
Laboratory Corporation of America (LabCorp) |
P.O. Box 2200 |
1440 York Court Extension |
Burlington, NC 27216-2200 |
PH: 1-800-742-3944 option 3 |
FAX: 1-800-821-9102 |
Cost: $30.00/person |
County CSE agencies can elect to enter into an individual contract with a laboratory. Selection of a laboratory must comply with 45 CFR 303.5 requirements. Federal funds cannot be used to pay for testing that is done under a county contract.
Paternity testing can be accomplished by agreement of the parties, without the need for a court order. Advantages of voluntary testing include resolution of the issue of paternity sooner than waiting for a court order, a less adversarial environment, elimination of need for legal action if the alleged parent is excluded by the tests.
When paternity testing is conducted voluntarily, it is imperative that all parties sign a stipulation agreement.
Stipulations should include:
1. An introduction of test results without the need for expert testimony;
2. Verified documentary evidence showing that the chain of custody of the samples obtained is competent evidence to establish the chain of custody;
3. Time frames for the testing;
4. Responsibility for payment of testing; and
5. The date when payment is due.
Any agreement by the alleged father that a previously collected sample can be used to determine the paternity of a different child must be included in the written stipulation agreement.
However, in some cases, it can be necessary to have expert testimony presented, especially in a jury trial. Expert testimony and evidence can include test reports, affidavits, oral dispositions, written interrogatories, and an actual court appearance by the expert witness.
The responsibility for payment of paternity tests and associated costs depends on a number of factors:
1. The putative father's ability to pay test costs;
2. County responsibility for payment of paternity test costs;
3. The terms of any stipulation agreement reached by the parties;
4. Whether the action for court-ordered tests is civil or criminal; and
5. Whether the case is intrastate or interstate.
When testing is at the putative father's request rather than by order of the court, caseworkers should discuss the cost of testing with him and determine his ability to pay the cost of testing. If the putative father has the ability to pay, caseworkers should attempt to secure an agreement for him to pay for all or some portion of the cost.
If the putative father is unwilling or unable to pay the initial cost of testing in a relatively short period of time, the CSE agency should assume the initial cost rather than delay testing. The benefits of determining paternity establishing a support order at an earlier date are greater than any costs that might be saved by delaying the testing. The CSE agency can also consider asking the court to order that the NCP reimburse the agency for some or all of the cost.
When a county pays the initial cost of paternity testing, two options exist for the final responsibility for the cost. The CSE agency can choose to:
When voluntary testing is conducted, all terms of the agreement (including the responsibility for payment of test costs) should be stated in a written stipulation agreement signed by all parties, the putative father, the client, and the representative of the CSE agency.
The agreement between the parties should address initial payment as well as the terms for any repayment plan. Payment due dates should be specified
If the NCP agrees to initially pay the test cost, county CSE receipts the payment as revenue according to county financial procedures. No federal funds or reimbursement are involved.
If it is agreed or ordered that the NCP will reimburse the county for any portion of the cost, the responsibility for payment must be included in the support order. Payments must be made to NCCSCC.
In civil cases, G.S. 8-50.1 requires that the party who requests testing be initially responsible for the paternity testing costs. The expense for testing, expert witness, or other fees can be assigned or apportioned at the discretion of the court.
In civil cases, both parties can consider joint movement for paternity testing and stipulate the conditions of payment of costs when it is in the best interest of all concerned. If the agency is the moving party or has agreed to be responsible for the cost, county funds are used for payments.
If county reimbursement is included in a support order, payments must be made to NCCSCC.
In criminal cases, if the alleged father/defendant is not deemed indigent as defined at G.S. 7A-450 and moves for the test, he is initially responsible for the expenses. Should the alleged father/defendant prevail and be adjudicated not to be the father of the child, AOC can reimburse him. If the alleged father/defendant does not prevail, he remains responsible for the costs.
When the District Attorney's Office moves to have paternity tests performed in criminal cases, AOC is responsible for initial expenses. If the alleged father/defendant prevails, the bill or any portion that remains unpaid is submitted to AOC for payment. If the alleged father/defendant does not prevail, he is responsible for the expenses, if so ordered by the court. If the alleged father/defendant is found to be indigent, AOC pays for any costs not otherwise paid, regardless of who prevails.
AOC contracts on a yearly basis for paternity testing services with selected firms. Only tests performed by the contracted firms are considered for payment by AOC in criminal cases.
If paternity tests are necessary in an interstate case, the responding state is responsible for paying the test costs, as well as for scheduling and other arrangements for testing.
Billing procedures vary depending on whether the case is civil or criminal, what funds are being used for payment, and the terms of the laboratory contract under which the testing is conducted. The testing laboratory submits bills to the appropriate entity. The receiving entity should review the bill for accuracy and contact the laboratory immediately if discrepancies are found.
Billing Tests Conducted Under The State Contract-
Voluntary and civil court-ordered paternity testing can be conducted under the State contract. Local CSE must submit an Authorization For Payment Of Paternity Test Costs (DSS-4511) to the laboratory along with test samples.
In the event that samples are collected by someone else (EX: a courtesy draw by another county or state or a collection by a lab representative at a prison or lab facility), local CSE must send the DSS-4511 document to the laboratory and include the location and date of the collection.
The DSS-4511 document must be generated through ACTS, and it must be the version that is current at the time when each test is performed. Photocopies or other versions of this document are not acceptable.
County CSE must complete two (2) copies of the DSS-4511 document; both copies require the original signature of the authorizing supervisor. One copy must be presented to the laboratory with the test samples; the other copy is kept in the CSE case file. If the laboratory requests another copy, county CSE should make a photocopy of the case file document and mark it as a "duplicate copy". The supervisor should re-sign and date the photocopy in blue ink and provide it to the laboratory. The original should remain in the case file.
Billing for testing through the State contract requires that the laboratory present a DSS-4511 for all testing submitted for payment. This includes testing for which the NCP has paid all or part of the cost to the county in advance and testing for which the county is initially responsible for the cost.
The laboratory must attach the DSS-4511 document to the invoice for payment and forward them to:
NC DHHS
Child Support Enforcement
ATTN: Connie Bridges
PO Box 20800
Raleigh, NC 27619
NC CSE reconciles and submits the lab invoice and DSS-4511 documents to the DHHS Controller for payment. The Controller pays the laboratory, receives the federal reimbursement (66%) to the State and debits the county share (34 %) through EFT processing.
NC CSE issues monthly bills to counties that include a statement of the total cost for all testing authorized by the county, the total county share of that cost and itemization of each test charged to the county.
Billing For Tests Conducted Under A County Contract –
Billing of testing conducted through a county contract is managed according to county procedures. The laboratory bills the county directly. The DSS-4511 is not used to authorize payment under county contracts. NC CSE has no involvement in the billing process.
If the alleged father/defendant is responsible for payment, the CSE agency can either require the costs be paid in advance or collect them from the defendant. If an agency chooses to collect paternity testing costs from the defendant, the money should be deposited according to agency fiscal policy. Upon receipt of an invoice, payment should be made to the testing laboratory.
CSE agencies are not involved in the billing and payment process for paternity tests in criminal court cases. AOC is responsible for managing payments to testing laboratories. The Clerk of Court manages any recoupment from the defendant in a criminal court case. Payments are not routed to NCCSCC.
CSE caseworkers use their office's standard procedures for scheduling a paternity test appointment with the laboratory. Once that appointment is set, they schedule an appointment for the mother, the child(ren), and the alleged father.
Caseworkers enter a disposition for a paternity test appointment to document their activities in the CSE case record.
After scheduling a paternity test appointment, the responsible caseworker creates a paternity test record in ACTS. Caseworkers enter as much test information as is available when creating the record, but they can also update an existing paternity test record at a later time.
If paternity testing excludes the alleged father, the responsible caseworker must perform one of the following actions:
1. If the client has named MORE THAN ONE alleged father and a case exists for EACH alleged father, the responsible caseworker should ask the supervisor to close the case containing the excluded individual as the NCP.
2. If the client has named ONLY ONE alleged father and he has now been excluded, the responsible caseworker should:
A. Ask the supervisor to close the case that contains the excluded individual as the NCP.
B. Create a new case for the client and child with a new NCP. If no other alleged father has been named or if the NCP is unknown, the alleged father is entered in ACTS as “UNKNOWN”.
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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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