S-0592.1  _______________________________________________

                         SENATE BILL 5202

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Roach, Fairley, Johnson, Winsley, Benton, Oke and Haugen

Read first time 01/20/97.  Referred to Committee on Law & Justice.

Setting a time limit for an alleged father who denies being a responsible parent to request genetic testing.

    AN ACT Relating to child support enforcement; and reenacting and amending RCW 74.20A.056.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 74.20A.056 and 1994 c 230 s 19 and 1994 c 146 s 5 are each reenacted and amended to read as follows:

    (1) If an alleged father has signed an affidavit acknowledging paternity which has been filed with the state office of vital statistics, the ((office of support enforcement)) division of child support may serve a notice and finding of parental responsibility on him.  Service of the notice shall be in the same manner as a summons in a civil action or by certified mail, return receipt requested.  The notice shall have attached to it a copy of the affidavit or certification of birth record information advising of the existence of a filed affidavit, provided by the center for health statistics, or certification of birth record information advising of the existence of a filed affidavit, provided by the center for health statistics, and shall state that:

    (a) The alleged father may file an application for an adjudicative proceeding at which he will be required to appear and show cause why the amount stated in the finding of financial responsibility as to support is incorrect and should not be ordered;

    (b) Pursuant to subsection (4) of this section, an alleged father may request that a ((blood or)) genetic test be administered to determine whether such test would exclude him from being a natural parent and, if not excluded, may subsequently request that the ((office of support enforcement)) division of child support initiate an action in superior court to determine the existence of the parent-child relationship; and

    (c) If the alleged father does not request that a ((blood or)) genetic test be administered or file an application for an adjudicative proceeding, the amount of support stated in the notice and finding of parental responsibility shall become final, subject only to a subsequent determination under RCW 26.26.060 that the parent-child relationship does not exist.

    (2) An alleged father who objects to the amount of support requested in the notice may file an application for an adjudicative proceeding up to twenty days after the date the notice was served.  An application for an adjudicative proceeding may be filed within one year of service of the notice and finding of parental responsibility without the necessity for a showing of good cause or upon a showing of good cause thereafter.  An adjudicative proceeding under this section shall be pursuant to RCW 74.20A.055.  The only issues shall be the amount of the accrued debt, the amount of the current and future support obligation, and the reimbursement of the costs of ((blood or)) genetic tests if advanced by the department.

    (3) If the application for an adjudicative proceeding is filed within twenty days of service of the notice, collection action shall be stayed pending a final decision by the department.  If no application is filed within twenty days:

    (a) The amounts in the notice shall become final and the debt created therein shall be subject to collection action; and

    (b) Any amounts so collected shall neither be refunded nor returned if the alleged father is later found not to be a responsible parent.

    (4) An alleged father who denies being a responsible parent may request that a ((blood or)) genetic test be administered ((at any time)) within one year from the date the notice and finding of parental responsibility is served upon him.  The request for testing shall be in writing and served on the ((office of support enforcement)) division of child support personally or by registered or certified mail.  If a timely request for testing is made, the department shall arrange for the test and, pursuant to rules adopted by the department, may advance the cost of such testing.  The department shall mail a copy of the test results by certified mail, return receipt requested, to the alleged father's last known address.

    (5) If the test excludes the alleged father from being a natural parent, the ((office of support enforcement)) division of child support shall file a copy of the results with the state office of vital statistics and shall dismiss any pending administrative collection proceedings based upon the affidavit in issue.  The state office of vital statistics shall remove the alleged father's name from the birth certificate.

    (6) The alleged father may, within twenty days after the date of receipt of the test results, request the ((office of support enforcement)) division of child support to initiate an action under RCW 26.26.060 to determine the existence of the parent-child relationship.  If the ((office of support enforcement)) division of child support initiates a superior court action at the request of the alleged father and the decision of the court is that the alleged father is a natural parent, the alleged father shall be liable for court costs incurred.

    (7) If the alleged father does not request the ((office of support enforcement)) division of child support to initiate a superior court action, or if the alleged father fails to appear and cooperate with ((blood or)) genetic testing, the notice of parental responsibility shall become final for all intents and purposes ((and may be overturned only)).

(8) The alleged father may, at any time, contest the issue of parentage presumed under this section by ((a subsequent)) initiating a superior court ((order entered)) action under RCW 26.26.060.

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