SENATE BILL NO. 116 An Act relating to administrative establishment of paternity and establishing paternity by affidavit; relating to child support enforcement; and providing for an effective date. Co-chairman Halford directed that SB 116 be brought on for discussion and noted that it was sponsored by the Governor and previously heard by both the Senate Health, Education, and Social Services Committee and the Senate Judiciary Committee. It received predominantly "do pass" recommendations in both prior committees. Glenda Straube, Director, Child Support Enforcement Division, Dept. of Revenue, testified that the bill allows for administrative establishment of paternity. New federal guidelines require that 75% of all child support audits be established within six months. Paternity must first be established before a child support order may issue. Court backlogs are taking up to six months to approve paternity work. The bill would allow administrative paternity under the same standards used by the court system. Paternity is established either by voluntary acknowledgement or genetic testing showing a 95% or greater chance of paternity. Due process assurances would remain in place. The process would allow for informal and formal conferences and appeal to the courts. For an annual investment of approximately $73.0, the proposed bill would allow the division to bring in $850.0 per year in AFDC reimbursements alone. The division cannot, at this time, comply with federal guidelines when the courts are taking up to 6 months to sign off on paternity. Time needs to be shaved off the process. The proposed bill would cure the problem, decrease the general backlog in the court system, and reduce Dept of Law time in preparing for court cases. Ms. Straube next addressed problems which arise in situations wherein both the wife and husband state that the husband is not the father, and a third party acknowledges paternity. The State cannot, at this time, accept that knowledge without going to court. The proposed bill would allow for acceptance of an affidavit from all three parties acknowledging who the father is. That will avoid the expense of delay in filing a paternity action. Co-chairman Halford posed a questioned regarding genetic testing. He asked if the blood test is evaluated in the probability that 95% means for sure one is the father? Ms. Straube responded that most test results are in the 98%-99% range. Statutes specify 95% since that is the percentage used by the court system. If a father wants to contest the validity of fatherhood, he can go through the court process and have a blood test taken. Ms. Straube attested to past policy which did not allow for disestablish of paternity unless paternity is established for a third party. Ms. Straube reiterated that the purpose of the bill is to more quickly resolve cases by obtaining financial information and genetic testing. The effort is to reduce the process so it is more timely for all parties. In response to a question from Senator Rieger, Ms. Straube advised that child support enforcement consists of 170 positions with the intent of bringing 30 more on board. Senator Rieger proposed splitting the agency in half and calling it by two different names: Child Support Agency and Child Support Enforcement Agency. The Child Support Agency would handle child support orders until payments are in arrears. Once in arrears, the person would report to the Child Support Enforcement Agency. He advised that the suggestion stems from complaints from timely obligors who feel they have been handled like deadbeats. Ms. Straube indicated that the division is being reorganized so that a client is given one person and that person meets all his or her needs. There are two levels of employees in this field, one of which will be handling the payments. The division was able to effect this change without new statutory language. A question of safety was raised. Ms. Straube acknowledged a problem with safety and having to work behind bullet-proof glass. Senator Rieger asked if the division has the ability to do income withholding orders on non-custodial parents who are current on their child support payments (automatic withholding). End Tape SFC-95, #50, Side 2 Begin Tape SFC-95, #52, Side 1 There was considerable discussion regarding genetic testing and its use in determining paternity. Co-chairman Halford stressed need for availability of genetic testing to a man who has assumed the obligation of payment of support but subsequently has reason to believe he may not be the father of the child. It was determined that testimony from the Dept of Law was needed. Continued discussion regarding children who have been adopted and psychological parenting ensued. The bill was subsequently held in committee for further review.