Select a different bill



HB 0568 - Paternity; testing in certain cases; revise provisions

Tracking Level: Monitor
Sponsor: Dempsey, Katie 13th (R)
Last Action: 7/1/2015 - Effective Date
House Committee: JuvJ
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
07. Juvenile CourtsNext Bill

Staff Analysis of the Legislation

HB 568 mandates genetic testing for child support cases involving the Department of Human Services when the paternity of a child has not been established or when the individual receiving services alleges that paternity rests in a person other than the previously established father. The bill restricts the Department from genetic testing in cases involving adopted children, or cases where the child was conceived through artificial insemination.

HB 568 requires the Department of Human Services to be reimbursed paternity testing fees, if the genetic test excludes the possibility of the alleged father being the biological father, by the applicant for services who named the alleged father. The bill also provides for possible sanctions against those who fail to respond to mailed notices of paternity test requests (for either themselves or children); and permits the Department of Human Services to bring a petition for contempt against any individual deemed to be non-cooperative with court orders regarding paternity testing.

The bill requires results of all genetic testing meet the standards set by the American Association of Blood Banks in order to be admitted as evidence in a court of law. 

HB 568 revises Code Section 19-7-54 by indicating when an individual might petition the court to ask for the testing of a potential parent or child/children.  A party may request a genetic test from the Department of Human Services which shall then be contingent on advanced payment of the genetic test by the party. This shall be relevant to any case where the underlying child support order was issued by a court of this state or by the Department of Human Services. The bill permits a court, granting the motion to set aside a determination of paternity, to relieve the obligor of responsibility for any future or past due amounts (or both) owed to the state. The court also has the ability to relieve the obligor of that which is owed to any other person or entity as well, provided the obligor adds that person or entity to the underlying motion and provides that person or entity with notice of the action. All motions must make the state a party if any amount is owed to the state. Failure to include the Department of Human Services as a party will prevent the waiver of any amount owed to the state. 


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text