Presentation on theme: "1. 2 Objectives of this segment To be able to identify a Paternity case. To be able to recognize the forms used to work a Paternity case. To be able to."— Presentation transcript:
2 Objectives of this segment To be able to identify a Paternity case. To be able to recognize the forms used to work a Paternity case. To be able to identify policy and procedures necessary to work a Paternity case. To be able to recognize the court procedures used to establish Paternity.
3 What is a Paternity case? - The father of the child is not known. - The determination of the father must be made. - Once the father of the child is established then an obligation for child support will be made.
4 Why is Establishing Paternity important? A child has a right to know both parents. A child has a right to inheritance. A child has a right to financial and emotional support.
5 A child has a right to financial benefits from the birth father. A child has a right to access the father’s medical history. A child has a right to medical support.
6 How is Paternity Established? #1 - Voluntarily: The alleged father agrees to voluntarily establish paternity. -- This can be done by using an agreed order or a VS-8.
7 How is Paternity Established? # 2 - Summary Judgment: This is used after receiving positive genetic test results.
8 How is Paternity Established? #3 - Default: Judgment entered when the alleged father fails to respond to summons (chooses not to cooperate).
9 What forms can we use to voluntarily establish Paternity? VS-8 - Used outside the hospital possibly in the IV-A, IV-D or contracting official’s office VS-8B - Used in the hospital after the birth of the child VS-8C - Used by vital statistic’s office when there is both a legal and a biological father.
10 What about an Agreed Order? An agreed order is the judicial way to allow the NCP to voluntarily establish paternity. Some child support offices choose this method rather than using a VS-8.
11 Summary Judgement A Summary Judgment is a judicial document that is used to establish paternity after positive DNA results have been received.
12 Default Judgement A NCP has 20 days to respond once they receive the complaint and summons. When a NCP chooses not to respond to the summons and cooperate with child support then a default judgment will be sought.
13 Default Judgement Paternity will be established by default and the NCP will be ordered to pay support. No DNA will be completed on a default case. In other words, the NCP is served and does not appear in court concerning the child support case. The judge can order that he is the father by default.
14 What are some other forms we may use in Paternity ? CS-15 - DCS TRANSMITTAL –This is a generic cover letter used to transfer information between a child support agency and another agency.
15 What are some other forms we may use in Paternity ? CS CUSTODIAL PARENT NOTIFICATION OF CASE ACTION –This form is used to notify the Custodial Parent (CP) that their case has been closed or put in low priority.
16 What are some other forms we may use in Paternity ? CS CUSTODIAL PARENT ACTION & INFORMATION LETTER –This form is used to : (1) Request information from the CP (2) Notify the CP of action they need to take (3) Inform the CP of action that Child support has completed.
17 What are some other forms we may use in Paternity ? CS GOOD CAUSE CLAIM / IV-D DETERMINATION –This form is used by the CP to make a good cause claim for not wanting to pursue child support action. –Is also used by Child Support case workers to notify the CP of our decision regarding good cause.
18 What are some other forms we may use in Paternity ? CS- 137 – CUSTODIAL PARENT NOTICE OF INTENT TO DISCONTINUE IV-D SERVICES –This form is used to notify a CP of the intent of child support to discontinue IV-D services. –It explains why we can no longer provide services and is sent 60 calendar days prior to discontinuing services. –It informs the CP to contact the child support office if they have any new information on the Non custodial parent.
19 Who can request an initiation of a Paternity Case? The mother of the child. The putative (alleged) father. An agency substantially contributing to the support of the child. The child.
20 How does a caseworker receive a Paternity case? #1 – A worker may receive a paternity case on their worklist. This means that the custodial parent has applied for benefits in the IV-A office and their case was referred to child support for action. This custodial parent must cooperate with child support or their benefits will be reduced in the IV-A office.
21 How does a caseworker receive a Paternity case? (con’t) #2 – A worker may receive a paternity case when a custodial parent comes in their office and applies for our child support services. This type of custodial parent is not receiving KTAP from the IV-A office. They are applying for our child support services as a NPA case (Non Public Assistance).
22 Timeframes for a Paternity case A Paternity case must be opened within 20 calendar days. Opening a case means establishing a case and initiating whatever action needs to be initiated.
23 Timeframes for a Paternity case Within 90 calendar days of locating the alleged father, we must establish a support order or complete the service of process needed to start proceedings to establish a support order
24 Initiation of Paternity Action If paternity has not been established administratively, then it must be established judicially by using the court system. Step # 1 – The contracting official receives a paternity case either by a referral or by an office visit. Step # 2 – The contracting official will send the custodial parent (CP) an appointment letter.
25 Initiation of Paternity Action Step # 3 – The CP will sign the complaint while in the office which will be sent to the NCP. This will notify NCP of the action being taken. Step # 4 – The NCP has 20 days to respond. -- If the NCP responds and admits then the NCP can sign an agreed order.
26 Initiation of Paternity Action Step # 5 - If the NCP responds but does not admit to paternity then the NCP can submit to genetic testing voluntarily or may be ordered by a judge. Step # 6 - If the NCP does not respond in the 20 day timeframe then a court date will be set. Step # 7 - If the NCP does not appear in court then a default judgment is entered.
27 Initiation of Paternity Action Step # 8 – Once paternity is established either by positive DNA results, voluntarily, or by default then a support amount will be set. Step # 9 – Once the support amount is set and the order is signed by the judge then the caseworker is responsible for entering the court order on the KASES system.
28 As you can see there are many variables when working a paternity case. That is why it is so important for all caseworkers to be equipped with the proper procedures as well as the knowledge to enable them to be effective and efficient. We hope this learning session will help enable you to be a great caseworker.