340:25-5-176. Establishment of parentage
(a) Legal authorities. Oklahoma Department of Human Services Child Support Services (CSS) establishes parentage and provides genetic testing when appropriate based on the facts of the case, per:
(1) Sections 653, 654, and 666 of Title 42 of the United States Code (42 U.S.C. §§ 653, 654, & 666);
(3) Sections 83, 90.4, and 7700-101 - 7700-902 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 83, 90.4, and 7700-101 - 7700-902), 43 O.S. §§ 601-201, 601-401, & 601-701, 56 O.S. §§ 230.60, 231 - 240.23, and 63 O.S. §§ 1-311 and 1-321. • 1 through 7
(b) Legal parents. CSS applies the presumptions in 10 O.S. § 7700-204(A)(1) through (4) to an individual when the individual and the woman who gave birth to the child are married. CSS applies the presumption in 10 O.S. § 7700-204(A)(5) to an individual regardless of gender. CSS requests the court confirm parentage in cases where the individual is a presumed parent. • 8
(c) Acknowledgment of Paternity. Form 03PA209E, Acknowledgment of Paternity, can only be completed by the biological mother and biological father of the child, per 10 O.S. § 7700-301. CSS provides Form 03PA209E for voluntary acknowledgment of paternity, per 10 O.S. § 7700-312 and 63 O.S. §§ 1-311 and 1-311.3. CSS also provides companion forms that include instructions for completion, described (1) through (4) of this subsection. Signed and witnessed forms must be filed with the Oklahoma State Department of Health (OSDH), Division of Vital Records.
(1) When parents of an adult child, 18 years of age and older, complete Form 03PA209E, the adult child must give consent to add the natural father's name to the birth certificate. The child indicates consent by signing Form 03PA212E, Adult Child's (18 Years or Older) Consent.
(2) Form 03PA210E, Denial of Parentage, must accompany Form 03PA209E when the mother of a child is married to someone other than the natural father and the child is born within 300-calendar days after the marriage is terminated, per 10 O.S. § 7700-204. • 9
(3) CSS provides Form 03PA211E, Rescission of Acknowledgment of Paternity, to rescind the legal finding of parentage created by having previously signed Form 03PA209E, per 10 O.S. §§ 7700-307 and 7700-312. This form must be completed, signed, and filed with the OSDH Division of Vital Records within 60-calendar days after the date of the last signature on Form 03PA209E.
(A) When a person submits Form 03PA211E within 60-calendar days after the date of the last signature on Form 03PA209E, CSS sends notice of the rescission to all other signatories on Forms 03PA209E and 03PA210E. Notice is given by mailing a copy of the rescission to the address of the signatories as shown on Forms 03PA209E and 03PA210E and to the last-known address of the signatories, if different.
(B) When rescissions are submitted to CSS past the 60-calendar day time period, CSS sends a letter to the person who submitted Form 03PA211E informing him or her that the rescission is invalid because it was not timely submitted.
(4) CSS provides Form 03PA213E, Rescission of Denial of Parentage, to rescind the legal finding of parentage created by having previously signed Form 03PA210E, per 10 O.S. §§ 7700-307 and 7700-312. Form 03PA213E must be completed, signed, and filed with the OSDH Division of Vital Records within 60-calendar days after the date of the last signature on Forms 03PA209E and 03PA210E. • 9
(A) When a person submits Form 03PA213E to CSS within 60-calendar days after the date of the last signatures on Forms 03PA209E and 03PA210E, CSS sends notice to all other signatories of Forms 03PA209E and 03PA210E. Notice is given by mailing a copy of Form 03PA213E, to the address of the signatories as shown on Forms 03PA209E and 03PA210E and to the last known addresses of the signatories, if different.
(B) When Form 03PA213E is submitted to CSS past the 60-calendar day time period, CSS sends a letter to the person who submitted Form 03PA213E informing him or her that the rescission of denial of parentage is invalid because it was not timely submitted.
(d) Servicemembers. When CSS establishes parentage and either parent is a servicemember, CSS applies the provisions of the Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901 through 4043. • 10
(e) Genetic testing of relatives. When CSS has the cooperation of a deceased alleged biological father's relatives, CSS establishes parentage of the child(ren) through genetic testing of the relatives as necessary according to the standards and provisions of the Uniform Parentage Act, 10 O. S. §§ 7700-501-7700-511. • 6 & 11
(f) Supplemental Security Income (SSI). CSS establishes parentage against a parent who is disabled and receiving monthly SSI before reviewing the case for possible closure, per Oklahoma Administrative Code (OAC) 340:25-5-123.
(1) CSS pursues all alleged biological fathers before requesting the court enter a default parentage order. • 12
(A) CSS requests a default order when genetic testing shows one alleged father is the biological father or all other alleged fathers are excluded by genetic testing. CSS uses other legal processes to compel genetic testing, such as license revocation or contempt of court proceedings. • 12 & 13
(B) CSS requests the court determine parentage when unable to obtain genetic testing on two or more alleged biological fathers.
(2) CSS does not request a default parentage order when the alleged biological father is the case applicant and the CP objects to the alleged biological father being found the father without genetic testing. When a default parentage order is entered and either party contacts CSS in writing within 30-calendar days of entry of the default order, CSS treats the request as a motion to rehear, vacate, or modify, per 12 O.S. § 1031.1. CSS takes necessary steps to bring the action before the court for resolution. • 14
(3) When requesting a default parentage order CSS follows OAC 340:25-5-134.
(h) Genetic testing costs. Costs incurred in parentage establishment cases are paid per (1) through (4) of this subsection. • 15
(1) CSS advances the costs for genetic testing and recovers the genetic test costs from the noncustodial parent or as ordered by the court.
(2) When CSS genetic test results are contested, CSS requests payment in advance of a second genetic test by the requesting party.
(3) When a court orders CSS to provide genetic testing and CSS does not have a case open for services, CSS requires a party to complete an application for services.
(4) In interstate cases, CSS follows OAC 340:25-5-270.
(i) Genetic testing services.
(1) When parentage is not established, CSS performs genetic testing when appropriate before establishing parentage and child support orders. CSS only performs genetic testing in open, full-service cases.
(2) The case applicant may apply for case closure, per OAC 340:25-5-123 after parentage and child support are established.
(3) CSS does not provide genetic testing only services.
INSTRUCTIONS TO STAFF 340:25-5-176
1. The Oklahoma Department of Human Services (DHS) Director authorizes Child Support Services (CSS) state's attorneys, as designees, to approve orders for genetic testing issued by the Director's authority, per Section 240.23 of Title 56 of the Oklahoma Statutes (56 O.S. § 240.23) through the CSS Director's Authorization memorandum dated December, 2012.
2. When an alleged parent is the custodial person (CP) and parentage was not legally established, CSS establishes parentage within the action to establish a child support obligation against the noncustodial parent (NCP).
3. (a) The P04, Parentage Questionnaire, is an essential step in CSS establishment actions. This includes actions involving Acknowledgments of Paternity, married and separated parents, or any other establishment action. CSS staff proceeds with a parentage action when the case file includes a completed and signed P04 for each child. When CSS is unable to obtain a P04 completed and signed by the person who gave birth to the child, staff consults the CSS state's attorneys to determine how to proceed. The state's attorney may determine the P04 is not necessary to proceed, depending on the circumstances of the case. Possible actions include, but are not limited to:
(1) initiating noncooperation processes, per Oklahoma Administrative Code (OAC) 340:25-5-114;
(2) applying for a citation for contempt in district court for failure to comply with an order compelling the mother to furnish the information, per 75 O.S. § 315;
(3) sending discovery requests to any person who may have the required information as provided by the Oklahoma Discovery Code, 12 O.S. §§ 3224 et seq.; or
(4) proceeding with a Notice of Paternity and Support Obligation (NOPSO) based on the information available at the time. If the mother fails to appear for court on the NOPSO after being properly served, per 12 O.S. § 2004, CSS may request a default order when the state's attorney determines there is sufficient legal basis to request a default order without the participation of the mother.
(b) CSS staff includes Form 03PA208E, Paternity Petition Cover Sheet, on every paternity action, as it explains the paternity action and the legal consequences when the alleged biological father does not respond in writing or appear at the hearing.
4. When an alleged parent is incarcerated, CSS serves the alleged parent with the parentage pleadings, and may also send a copy of the pleadings, a waiver of service, and when appropriate a genetic test order by regular mail.CSS staff schedules genetic testing for an incarcerated, alleged father unless the father acknowledges parentage in writing or through court testimony.
5. When a party presents a genetic test result from an outside lab, CSS staff requests the state's attorney review the results prior to proceeding further.When the genetic test results are from a lab accredited, per 10 O.S. §7700-503, the results are admissible, per 10 O.S. § 7700-621, and the state's attorney accepts the genetic test results, CSS agrees to offer the genetic test results to the court as evidence of paternity.When the state's attorney questions the validity of the test, CSS requests a genetic test from the CSS contracted lab.
6. (a) When genetic testing is appropriate in more than one case, CSS may request the genetic testing lab use a genetic test sample previously drawn for another case when:
(1) CSS verifies the genetic test results are available;
(2) there are no outstanding issues in the case where the specimen was collected that require the specimen to be retained or retested; and
(3) the donor of the genetic sample provides written permission to reuse the specimen.
(b) When the donor is deceased, fails to appear, or does not give permission to reuse the specimen, the CSS state's attorney may request a court order allowing the use of the previous genetic test specimen, per 10 O.S. §§ 7700-508 and 509.
7. CSS may file an action to determine parentage when a person claiming to be a non-biological parent requests assistance to adjudicate his or her parentage of a child born during a same-sex relationship.
8. When a non-public assistance application, an Adult and Family Services Temporary Assistance for Needy Families (TANF), or non-TANF SoonerCare (Medicaid) referral indicates the parents were common-law married, CSS staff does not consider this as establishing a presumption of paternity in the common-law husband, per 10 O.S. § 7700-204.Instead, CSS staff works this fact pattern as a paternity case and files a Notice of Paternity and Support Obligation court action.
9. CSS staff redacts all Social Security numbers when Forms 03PA209E, Acknowledgment of Paternity; 03PA210E, Denial of Paternity; 03PA211E, Rescission of Acknowledgment of Paternity; or 03PA213E, Rescission of Denial of Paternity, are used as an exhibit to a court action.
10. (a) CSS staff follows the Guide to the Servicemembers Civil Relief Act (SCRA), available from the CSS InfoNet for procedure regarding:
(1) waivers of rights and protection under the SCRA;
(2) appearance in court actions;
(3) stays of court; and
(4) default orders.
(b) When a party to the case is in default, CSS staff confirms the military status of the defaulting party on the SCRA website, https://scra.dmdc.osd.mil/scra/#/home, and files the default affidavit with the court in accordance with Sections 3901 through 4043 of Title 50 of the United States Code.
11. When a relative does not volunteer to participate in the genetic testing, CSS does not file a forced probate court action to establish paternity against a deceased, alleged, biological father.
13.CSS staff does not request a default order be entered against an alleged biological father until all other alleged biological fathers are excluded by genetic testing and CSS has attempted all legal processes to compel genetic testing.
14. (a) When a party contacts CSS within 30-calendar days to request reconsideration of a default paternity order, CSS staff notifies the party that he or she must make the request in writing within 30-calendar days of the entry of the default order. CSS staff provides the party with an appropriate CSS pro se self-help motion.
(b) After one party files a written request, CSS sets the case for hearing and notifies the parties by mail under Rule 2 of the Rules for District Courts. The CSS state's attorneys prepare a genetic test order and request the court reserve the motion to vacate pending the outcome of genetic testing. After testing is complete, CSS requests the court either:
(1) dismiss or deny the motion to vacate and leave the default order in effect;
(2) enter a new order replacing the default order; or
(3) vacate the default order by agreement and dismiss the paternity case when the NCP is excluded as the biological father.