SENATE BILL REPORT

SHB 419

BYHouse Committee on Judiciary (originally sponsored by Representatives Hargrove, Wineberry, Padden, Brekke, Holm, Patrick, Winsley, Brough, Silver and Moyer; by request of Department of Social and Health Services)

Providing for administrative determination of paternity.

House Committe on Judiciary

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Judiciary

Senate Hearing Date(s):March 31, 1987; April 3, 1987

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators Talmadge, Chairman; Bottiger, Moore, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  April 3, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):April 6, 1987

Majority Report:  Do pass as amended by Committee on Judiciary.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Cantu, Craswell, Fleming, Kreidler, Lee, McDonald, Moore, Talmadge, Vognild, Williams, Wojahn, Zimmerman.

Senate Staff:Suzanne Petersen (786-7715)

                  April 7, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 6, 1987

BACKGROUND:

Washington has adopted the Uniform Parentage Act (UPA) which provides a judicial means of establishing the existence of a parent-child relationship.  The UPA sets forth circumstances in which a parent-child relationship is presumed to exist.  These include instances where the mother and the alleged father were married at the time of conception, or had attempted to be married, when the alleged father receives the child into his home as his child, or if the alleged father acknowledges paternity in writing.  The UPA also establishes procedures for notifying an alleged father of the initiation of court proceedings and future hearings on the issue of paternity.

The court, as part of the UPA proceeding, may order blood tests.  If it makes a determination of paternity, the court may also enter an order for support and visitation.  The support order must include notice that the party receiving support may seek a mandatory wage assignment if one full support payment is more than 15 days past due. The support order may be for expenses incurred up to five years prior to the entry of the order.

In investigating a claim for support enforcement, the Department may not question the mother about her sexual activity except to resolve a dispute about the child's parentage.  If the mother states that a particular man is the father, the Department may not question the mother further on her personal life unless the man denies that he is the father.

The Governor's Task Force on Support Enforcement has recommended the adoption of an administrative process for establishing paternity.

SUMMARY:

The Department of Social and Health Services (DSHS) through the Office of Support Enforcement (OSE) may bring an administrative action to establish paternity in any case in which OSE is providing support enforcement services or when requested in nonassistance cases.

The administrative proceeding is initiated by personal service of a notice and allegation of paternity on a man or men alleged by the mother to be the father of a child.  The proceeding may be initiated either before or after the child's birth.  The notice must include an assessment of current, future, and past due support, an assessment of responsibility for medical expenses, and a statement of the current custodial arrangement for the child.  The alleged father must also be notified of the right to file an action for determination of paternity under the Uniform Parentage Act (UPA), of the need to file a separate action in superior court for visitation or a different custodial arrangement, if desired, and of the right to request an administrative hearing on the question of paternity.

If an alleged father who is served with notice and finding of paternity does not respond to the notice within twenty days, a default order of paternity may be entered in the administrative proceeding. If the alleged father files an action under the UPA, the administrative proceeding is deemed withdrawn.

If a default order is entered, OSE may initiate a collection action on any support debt.  The default order must be filed with the superior court and entered on the judgment docket of the court.  Once the order is docketed, it has the same force and effect as a superior court order or decree.  For up to one year after the default order is entered, if the alleged father petitions the superior court for relief, the superior court will vacate the default order and proceed under the UPA.  After one year from entry of the default order the alleged father may petition the superior court for relief from the default order on the grounds set forth in superior court civil rule 60 or for good cause. If the court grants the petition, it shall proceed as though the father had filed a paternity action in superior court.

The administrative law judge may order blood tests on the alleged father, the mother, and the child upon the request of any party or the OSE.  If the alleged father fails to appear for a required blood test, a default order of paternity may be entered by the administrative law judge.  If the mother fails to appear for a required blood test, the alleged father may move for dismissal of the proceedings.  Any party may request a superior court order to enforce the request for a blood test.

If an alleged father contests paternity, an administrative hearing must be scheduled within 90 days of the date of the request for hearing.  The hearing shall be conducted as a contested hearing under the Administrative Procedures Act and rules adopted by DSHS and the Office of Administrative Hearings. OSE has the burden of establishing by a preponderance of the evidence that the alleged father is the father of the child, unless the alleged father is a presumed father under the UPA.  If the alleged father is a presumed father under the UPA, the alleged father has the burden of showing by clear, cogent, and convincing evidence that he is not the father of the child.

If the current or future support obligation or the support debt is at issue, the amount of support debt may be determined in the administrative proceeding.  A support debt may not be assessed for any period prior to five years before commencement of the administrative paternity action.

A final order of paternity of the administrative law judge is filed with the superior court and shall have the same force and effect as a decision of the superior court. Either party or OSE may appeal from the decision of the administrative law judge in the same manner as for other contested hearings under the administrative procedures act.

In the course of the investigation to determine paternity of a child, the Department is authorized to question the mother about her sexual activity to the extent necessary to identify and locate possible fathers and establish paternity.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The sum of $467,787 is appropriated from the general fund to the Department of Social and Health Services to augment its present paternity establishment services by hiring additional assistant attorneys general or contracting with prosecutors or private attorneys.  Private attorneys are only employed for renewable six month periods.  DSHS will supply a written report to the Judiciary Committee of the House and Senate detailing the circumstances requiring the hiring of private attorneys.

Fiscal Note:      available

Senate Committee - Testified: JUDICIARY:  Lucille Christenson, Department of Social and Health Services; Daniel Radin, Assistant Attorney General; Jim Sherry, Department of Social and Health Services; Deborah Perluss, Evergreen Legal Services; Mike Redman, Washington Association of Prosecuting Attorneys; Suzanne Howle, Washington State Bar Association Family Law Section, Seattle-King County Bar Association

Senate Committee - Testified: WAYS & MEANS:  No one