Question: Our Two Paternity Attorneys Have Run Into a Situation Which We Need Clarification On

Genetic Testing (July 2003)

Question: “Our two paternity attorneys have run into a situation which we need clarification on. Private attorneys have pending paternity actions and are getting orders entered which require our office to do DNA testing. They are actually sending CP's to our office to complete an application and getting the DNA testing completed at a much lower cost and then the CP requests that their case be closed. Can you provide us any policy and/or law which will enable us to stop this practice?”

Answer: No. See the two federal regulations provided below.

Title 45 Code of Federal Regulations (CFR) Section 302.33(a)(1)(i) states: " a) Availability of Services. (1) The State plan must provide that the services established under the plan shall be made available to any individual who: (i) Files an application for the services with the IV-D agency. In an interstate case, only the initiating State may require an application under this section;" This regulation can be accessed on the Internet at http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=45&PART=302&SECTION=33&YEAR=2001&TYPE=TEXT.

45 CFR Section 303.11(b)(8) specifies the applicable case closure criterion for the situation you describe: "(8) The non-IV-A recipient of services requests closure of a case and there is no assignment to the State of medical support under 42 CFR 433.146 or of arrearages which accrued under a support order;" The case closure criteria can be accessed at http://frwebgate.access.gpo.gov/cgi-bin/get-fr.cgi?TITLE=45&PART=303&SECTION=11&YEAR=2001&TYPE=TEXT.

You cannot pick and choose who can apply for and receive non-K-TAP IV-D services. However, the custodial parent cannot pick and choose which services she will receive, as a non-K-TAP recipient must receive full child support services. The following excerpt is from page one of the Non-K-TAP Application (Form CS-33).

Full child support services will be provided to you unless you check one of the two spaces shown below.

( ) I wish to receive only location services. Location Only Case - State Parent Locator Section (SPLS)

( ) I wish to receive only location services. Parental Kidnapping Case – SPLS

NOTE: It is good that the children are having paternity established, and we may get the cases eventually if the obligors do not pay their child support.