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            Georgia Child Support Enforcement Agent Procedure 328
                                 Paternity Determination
Objectives:
 To establish paternity for every child where paternity has not otherwise been established;
 To provide guidelines for electronic referrals to OCSE's private contracted vendor for genetic
  testing in cases where paternity is disputed or at issue;
 To increase the percentage of "paternity established" category of cases by utilizing Paternity
  Acknowledgments (PA‟s) filed in the Putative Father Registry (PFR) at DHR Vital Records;
 To provide conclusive paternity information to DFCS enabling them to make accurate
  determination of deprivation;
 To provide guidance to local offices when an NCP who is under a Georgia order to pay child
  support raises the issue of paternity disestablishment.

Authority:
Official Code of Georgia Annotated: §§19-7-20, 19-7-40, 19-7-43, 19-7-45, 19-7-46, 19-7-53,
19-7-54, 19-8-1, 19-11-9, 19-11-13, 10-11-14, and 31-10-9

Reference:
45 CFR 303.5, 45 CFR 303.7, 42 USC 654, 42 USC 666(a)(5) and OCSE Transmittal 98-30

Applicability:
All Georgia Child Support Enforcement offices receiving Title IV-D funds including all private
vendors contracted with the Department of Human Resources to provide child support services.

Required Case Conditions:
Any IV-D case where paternity is at issue.

Background:
The body of law dealing with paternity is very complex. While this procedure provides guidance
in the most common general areas, your local ADA/SAAG is the best source of current
information on specific situations relating to the resolution of issues of paternity. In OCSE
cases, when there is no existing order establishing paternity and/or support, if the issue of
paternity is raised, it can generally be resolved with the assistance and training of your attorney
at the Case Manager level.
It is important to mention that an unmarried mother and putative father of a child may sign a
Paternity Acknowledgement (PA) while at the hospital, birthing center or later at a DHR Vital
Records office. Under Georgia law, O.C.G.A. §19-7-46.1, when an unmarried mother and the
putative father of a child or children, born on or after July 1, 1997, both voluntarily sign a PA that
is then recorded in the Putative Father Registry (PFR) and Birth Registry (BR), the Paternity
Acknowledgement shall constitute a "...legal determination of paternity...". O.C.G.A. §19-7-46.1
states that a voluntary paternity acknowledgement becomes a legal determination of paternity
after 60 days if no party rescinds it. However, it should be noted that Voluntary
Acknowledgements of Paternity made and filed in the PFR under O.C.G.A.19-7-46.1 may not
"conclude" the paternity issue. Under various circumstances, paternity may still be challenged
in a subsequent legal proceeding. If you have any questions, you are advised to discuss this
with your ADA/SAAG.
MT101                                             1                        Procedure 328      05/2005
Georgia Law, O.C.G.A. §19-7-46, 19-7-53 and 19-7-54 was amended in 2002 to allow
extraordinary motions for new trials based on newly discovered evidence regarding the paternity
of a child. These amendments make it increasingly important to make every effort to ensure
that only the actual biological father is named on any GA OCSE document establishing
paternity. They also provide that relief on such a motion shall be granted if genetic testing
conclusively shows that the alleged father (AF) is not the biological father of the child.

Action:
328.01
Determine Marital Status of Mother of Child(ren)
Where paternity is at issue, first determine whether or not the mother was married when the
child(ren) in the case were conceived and/or born. Regardless, the most common scenarios
and instructions are discussed below.
A. Parties Were Married
   If the mother was married the law presumes her husband to be the biological father of her
   child(ren). This presumption is rebuttable by either the wife or the husband when situations
   like the following exist:
     A husband and wife are married, but separated,
     Child(ren) were conceived and/or born during the marriage and there is no order
        establishing paternity.
   If the CP applies for services or the case is referred to OCSE by DFCS and:
   1. The husband does not dispute paternity.
      Refer to Procedure 330.
   2. The husband disputes paternity.
      If the husband cites one of the above reasons for denying paternity, discuss with your
      ADA/SAAG. If your attorney directs that genetic testing be done, follow their instructions,
      ensure HIPAA Authorization for Disclosure of Protected Health Information and Notice of
      Privacy Practices forms (Forms HHB and HHA) are signed by both NCP/CP and refer to
      Section 328.4.
   3. The CP names a male other than her husband as the biological father of the child.
      Cases that fall into this category must be reviewed by your ADA/SAAG who will provide
      you with instructions on how to proceed. If your attorney directs that genetic testing be
      done, refer to Section 328.4.
   If a male seeks to apply for paternity determination services and a legal father exists
   as noted in “Section A” above, it should be explained that OCSE will not pursue such action
   per O.C.G.A. §1-11-13.
B. Parties Were Not Married
   If the mother was not married when the child was conceived and/or born, and there is no
   known order or other legal mechanism establishing paternity,
   1. Check $TARS for any information on the named AF and child(ren),
   2. Check DHR Vital Records Birth Registry (BR) for a Paternity Acknowledgement (PA) filed
        in the Putative Father Registry (PFR).
   If $TARS has no information on the AF / children and the AF is not listed in the BR/PFR and
   he does not dispute paternity, obligate him under Procedure 330.
   If $TARS has no information but the named AF is listed in the BR or PFR, and he now
   disputes paternity, refer to Section 328.2 and discuss with ADA/SAAG for instructions.
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   If, either through the DFCS referral or the application, the CP has named a male as the
   biological father of a child (i.e., John Doe) but your review of $TARS and/or the BR/PFR lists
   another male as the biological father of that child (i.e., James Smith):
        Notify the CP and DFCS, if appropriate, that we have identified James Smith as the legal
        father of the child named in her application, and that the case on John Doe cannot be
        pursued and must be closed. Request or otherwise obtain an application from the CP for
        the newly identified NCP.
   If an AF (as a custodian) is referred by DFCS or the AF makes application to OCSE on his
   own, refer to Procedure 90 and discuss with your ADA/SAAG.
   Note: This generally happens when the mother has custody of the child. Furthermore,
   DFCS makes no legal determination that an AF who applies for TANF is the biological father
   of the child or children for whom they (the AF) are applying.
   Other scenarios exist when the parents were not married. For example, a child who was
   conceived and/or born of a common-law relationship – that is, conceived and/or born before
   common-law was rescinded in Georgia (effective 1/1/97 at O.C.G.A. §19-3-1.1). Discuss
   any other scenarios that arise with your ADA/SAAG and proceed on their instructions.

C. Divorce Decrees and Res Judicata
   If a husband and wife are divorced, the issue of paternity is generally resolved in the divorce
   decree. Review the divorce decree. If the child(ren) is/are not listed or if there are any other
   unusual facts, consult your ADA/SAAG for further instructions.
   If the child(ren) is/are named in the decree, the issue is "res judicata".

D. Deceased Alleged Fathers
   There is no federal or state law, regulation or requirement for Georgia OCSE to provide
   paternity services in a case where an AF is deceased. Any action to establish paternity
   when an AF is deceased is solely the responsibility of the person seeking such action. If you
   have any questions, discuss the case with your local manager or refer to your ADA/SAAG.

328.02
Reviewing Vital Records Information
If the mother and AF were not married when the child was conceived and/or born, and there is
no existing order establishing paternity or child support, screen the Paternity Acknowledgement
Screen for an acknowledgement for „each child‟ born in Georgia. $TARS is programmed to
interface with the PA file once a month. The Birth Registry interfaces daily with $TARS.
Children coded CE, MD, MS, OA, RE or blank who have had paternity acknowledged will
automatically update in $TARS.
The system will automatically enter a code of „VR‟ on $TARS when a child and father are
matched from the Paternity Acknowledgement file received from Vital Records. It will override
all codes except „PX‟. Users will not be able to enter a code of VR. Once VR is entered, do not
change it to CE. The Out of Wedlock Code and Establishment date will automatically be
entered by the system.




MT101                                             3                        Procedure 328   05/2005
328.03
Schedule Interviews
Schedule the AF for an interview to establish a child support obligation.
(1) If the AF responds, does not dispute paternity and does not request genetic testing, the
    Agent should seek a consent order to establish paternity and a child support obligation per
    Procedure 330. Before signing a consent order, if the NCP has any questions regarding
    the PA, direct him to Vital Records and/or advise him to seek the services of a private
    attorney.
(2) If the AF responds and wishes to file a rebuttal of the PA and denies paternity, the Agent
    should contact the ADA/SAAG. After reviewing the facts, the attorney may allow genetic
    testing, if requested, even if a PA has been filed and in effect at the PFR.
    Genetic testing serves the best interest of all parties, especially when a later dispute arises
    concerning how paternity was established. If the AF responds and denies paternity, go to
    328.04 to schedule the genetic test.
    Note:    For additional information or questions concerning the Putative Father Registry
    and/or the Paternity Acknowledgement, direct the parties to contact:
                                    DHR Vital Records
                                    2600 Skyland Drive
                                    Atlanta, GA 30319-3640

328.04
Genetic Testing
Prior to making the initial referral for genetic testing, screen a case to see if a genetic testing
referral has already been done via $TARS. From $TARS, select Case Management /
Establishment / Genetic Testing / View; to view the status of genetic tests in progress. If you
enter a case number where genetic testing has not been initiated and attempt to view the
information an „error message‟ will display.
Important Note: DO NOT use the $TARS Initiate referral screen to update other information
                for the vendor (i.e., a change of address).
If, after the genetic testing process has been initiated and DNA samples of the mother and
child(ren) [or, in a "motherless" test, the child(ren) only] have been obtained by the vendor lab,
an AF misses two scheduled "DNA collection appointments" and a default order is entered OR
the AF consents to paternity in a child support order, the case manager must notify the vendor
lab, in writing, that the issue of paternity for this particular child(ren) has been resolved.
FYI: Genetic testing involving juvenile court cases is discussed, in detail, in Procedure 340.
CP/NCP Non-cooperation
When NCP fails to cooperate with genetic testing, case should be referred to Superior Court
using legal referral process through the local ADA/SAAG.
Should the Non-TANF CP/CU fail to cooperate (See Procedure 830), a 60-day closure letter
should be sent and the case closed after the 60-day timeframe is met or discuss with your
ADA/SAAG regarding other legal remedies. If CP/CU is an active TANF and/or Family Medicaid
recipient, follow Procedure 800 to request termination of benefits. When sanction is applied
and the CP/CU‟s TANF and/or Medicaid benefits are terminated, send a 60-day closure notice
and close case once the timeframe requirements are met. At the discretion of the local office,
the active TANF/Family Medicaid CP/CU may also become a party to the action. This remedy
should be discussed with the local ADA/SAAG.

MT101                                             4                         Procedure 328     05/2005
When parties cooperate within the 60-day timeframe or as a result of a legal action, Email the
vendor to reschedule the party who failed to cooperate. Do not make a new referral.
In the event the case must be closed due to non-cooperation, the current vendor should be
notified. The partial draw will be destroyed immediately upon receipt of OCSE‟s request to
close the vendor case unless otherwise specified. Once destroyed, the vendor will remove the
partial draws from the “Schedule Status of Open Referrals Report” received in the local offices
monthly. Partial draws may also appear on the View Direct Report (SIDE99PR-Genetic Testing
Results Exceeding 35 Days); these will also be removed.
If at a later date there is a new application and/or cooperation from the parties, there will need to
be a new draw from all parties if the samples have been destroyed. An entirely new paternity
test referral for all should be submitted since the samples have been destroyed. No email to
the vendor will be acceptable.

328.05
Assessing genetic testing costs
Local offices should not require payment for genetic testing, even if the results indicate that the
male who was tested is the biological father.
Exception: In any and all circumstances, if a second genetic test is requested, the requesting
party must tender full payment for that test at the time for their request.
The local office, while following Accounting Procedure 400, may accept voluntary payments
made on existing genetic test accounts. Do not initiate any enforcement action(s) against those
that are or become delinquent. On existing ZB accounts, if at any point, there have been no
payments for six consecutive months, the account should be closed and “zeroed out”.
If genetic testing is done and the NCP is excluded, correct the paternity code on $TARS by
changing to PX. Males listed in the PFR who have been excluded by genetic testing should be
informed that a court order is required to remove their name from the PFR and the child's birth
certificate.

328.06
Disputed Genetic Testing
The results of any genetic test can be disputed by either the AF or the CP and either can ask
for a second genetic test, regardless of the outcome of the first test. If this occurs, immediately
inform your ADA/SAAG to see if they have any additional instructions.
Two important restrictions apply to requests for second genetic tests:
   1. Any request for a second genetic test must be made prior to the issuance of any order
      establishing paternity, and
   2. The person requesting the second genetic test must present payment for that test at the
      contract rate of $49.50 per person at the time of their request. (When the payment is
      presented, locally post it to the ZB Account.)
Once payment for the second test is received, send a GROUPWISE Email to the Customer
Service Manager at Orchid GeneScreen, explaining this is a second test at the contract rate.
Provide the vendor with all of the case information necessary to schedule the parties. If
GroupWise is “down”, fax such information to (214) 634-2898.
Important Note: DO NOT use the $TARS Initiate referral screen to set up the second test.
If the person making the request for a second test wants to use any lab other than Orchid
GeneScreen, advise them that they must hire their own attorney to undertake such an action.

MT101                                             5                       Procedure 328     05/2005
328.07
Interstate Cases
Initiating state:
Federal Regulations at 45 CFR 303.7(d) require that the initiating state pay for any genetic
testing in interstate cases. However, under current GA OCSE policy, the cost of genetic testing
is paid for by the IV-D agency. If GA is the initiating state and paternity is established in the
responding state, the responding state is not required to obtain a judgment against the father to
reimburse GA for the genetic testing costs, unless specifically asked to do so.
In IV-D interstate actions where GA is the responding state and the initiating state has asked
for reimbursement of genetic testing costs, GA OCSE will reimburse the initiating state for the
cost of the genetic test. Such costs will not be collected from the NCP.
Responding state
OCSE Action Transmittal #98-30 details that the responding state 1) may select which genetic
testing laboratory is used and 2) is assigned the responsibility for scheduling the parties to
collect the DNA samples used in genetic testing.
Note: Local offices are encouraged, but not required, to note on an outgoing UIFSA in the
comment field of the cover Transmittal that GA OCSE is contracted with Orchid GeneScreen
and that if genetic testing is necessary and the responding state is agreeable, GA OCSE is
willing to refer the case to Orchid GeneScreen for genetic testing.

328.08
Processing Genetic Testing Invoices from Other States
After genetic testing is complete, the initiating state should send the local GA OCSE the
original certified paternity results and billing statement. Immediately upon receipt of the genetic
testing bill, the agent or case manager should:
 Review the case to verify the persons tested match the case and that all parties were tested;
 Verify that the bill includes the names of all parties tested;
 Forward the bill to the state office in Atlanta.
 The case manager must identify their name and phone # and the local office where the case
   is assigned.
 Send the bill to:                   OCSE
                                      Attn: Beverly Lehmann, Suite 20-493
                                      PO Box 38450
                                      Atlanta, Georgia 30334

328.09
Genetic Testing and Incarcerated Alleged Fathers
Federal child support program requirements contain no mandate regarding alleged fathers who
are incarcerated. All GA OCSE offices should, at a minimum, attempt to resolve the issue of
paternity in such cases. If you have such a case, you may be asked to assist the genetic testing
lab in obtaining cooperation from the state or federal prison facility where the incarcerated AF is
housed. An incarcerated AF can be a resident of either a:
      Federal facility in GA
      In Atlanta: USP Atlanta, 601 McDonough Blvd.
                    Atlanta, GA 30315-0182
                    404 635-5100
                    Fax: 404 331-2137
MT101                                      6                              Procedure 328    05/2005
        In Jesup:    FCI Jesup
                     2600 Highway 301 South
                     Jesup, GA 31599
                     912 427-0870
                     Fax: 912 427-1125

        State facility in GA
        There are a variety of State DOC facilities in every county in GA except, Chattahoochee,
        Echols, Long, Quitman, Talliferro, Towns, Warren and Webster Counties, or
        County or a municipal facility in GA
If a CP asserts that an AF is incarcerated but does not know where, view the State of Georgia
Department of Corrections site at http:\\www.dcor.state.ga.us/ and the Federal Bureau of
Prisons site at http:\\www.bop.gov/. Both sites include directions on how to access information
on inmates and list the address and phone/fax numbers of all institutions, statewide and
nationwide. The federal site also has links to Corrections Departments in all 50 States and all
Territories and Possessions of the US. The GA DOC site, under the “Georgia Facilities Query”,
also allows inquiries to most Georgia County facilities. All Federal and State institutions have an
"in-house" inmate counselor who can assist in the process of obtaining DNA material for genetic
testing and Notary Publics are available in all institutions. Also, FormLCR can be used to
obtain information on inmate AF's in the GA DOC prison system, but there is no corresponding
form for AF's in the federal prison system.
Ensure $TARS is screened for a Paternity Acknowledgement at Vital Records for each child in
question before you proceed. Once you know where the AF is incarcerated, update the $TARS
“NCP Information Screen” with “c/o Warden or Institution name” and the incarceration
institutions‟ address (POB or street address, City, State, Zip) in the fields after the AF‟s name
field. Then, use DocGen to send the AF FormSAI, attaching a copy of FormSDD and
FormCAS. Enclose a stamped, self-addressed return envelope. Note: It is not necessary to
transfer the case if the NCP is (incarcerated) outside your judicial circuit (See 1120.08).
An incarcerated AF has three options in this process:
    He can acknowledge paternity using FormSDD.
    He can ask for genetic testing using FormCAS.
    He can sign nothing, deny everything and refuse to do anything.
     1. If the AF returns a completed FormSAI and FormSDD, change the indicator for the
        affected child(ren) on $TARS to indicate that paternity was established by OCSE and
        document case action log with your action.
     2. If the AF returns a completed FormSAI and FormCAS, file the Consent Order and
        Stipulation regarding Genetic Testing with your local Clerk of Court after a Judge‟s
        signature is obtained.
           Unless you have informal arrangements already in place at the facility where the AF is
           incarcerated, telephone the Warden and ask if they require a copy of the genetic
           testing Consent Order for the phlebotomist to obtain DNA samples (do a "draw"). If
           so, fax a copy of the Order to the institution and initiate a $TARS referral for genetic
           testing. Note in the comments section that the AF is incarcerated (include the
           physical address, if necessary) and that you have faxed a copy of the genetic testing
           Consent Order to the institution.
        3. If the AF fails/refuses to respond, at local office option, consult with your ADA/SAAG
           regarding the initiation of an "ex parte" order for the inmate AF to be conveyed from
MT101                                            7                       Procedure 328    05/2005
           his place of incarceration to court to answer the allegation of paternity. If an ex parte
           order is not an option, leave the case in a “Located, AF in prison” category of files
           (case status should be IAL) until the AF is released.
        4. If the AF cooperates, have him sign a HIPAA Authorization for Disclosure of Protected
           Health Information and Notice of Privacy Practices form (FormHHA) so that the
           complete genetic test results may be released to the custodian, NCP and other
           parties with a vested interest. (NOTE: It is also a good practice to ensure the CP has
           signed aforementioned forms (FormHHB) at the time of application. If not, ensure the
           forms are provided and signed prior to the results being disseminated.)

328.10
Notify DFCS of Paternity Establishment or Exclusion
If the OCSE case is active TANF or Family Medicaid, and upon determination of paternity, or if
paternity has been excluded by either judicial adjudication or through a genetic test, the case
manager must immediately notify the local DFCS office by mailing or faxing a copy of a
completed FormSOB. The CP will have the responsibility of naming another AF to DFCS and
the new AF will be referred to OCSE. If the TANF or Family Medicaid CP fails to cooperate and
name a new AF, refer to Procedure 800. DFCS will not supply the NCP/CP with information
regarding the genetic test results nor provide a copy of the test results to the NCP/CP.

328.11
Paternity Disestablishment
In accordance with O.C.G.A. §19-7-54, males ordered to pay child support may, at their own
expense, petition a Superior Court to have a paternity determination set aside.
In any IV-D case where an NCP who is under an order to pay support raises the issue of
paternity disestablishment, explain that Georgia OCSE will not assist them in this effort. The
NCP must be told that they must hire an attorney at their own expense (or proceed pro se) to
undertake such action. If the NCP wishes to rescind the Paternity Acknowledgement, he must
contact Vital Records
Do not offer any other explanation or advice, and do not refer the NCP to the local ADA/SAAG.
Note: Paternity Status Codes and their proper use are found in Agent Manual Procedure 310.




MT101                                             8                        Procedure 328    05/2005