AN ACT Relating to administrative establishment of paternity; amending RCW 74.20A.280; and adding a new chapter to Title 26 RCW.

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

NEW SECTION. Sec. 1. The state of Washington through the office of support enforcement is required by state and federal statutes to provide paternity establishment services. These statutes require that reasonable efforts to establish paternity be made, if paternity of the child is in question, in all public assistance cases and whenever such services are requested in nonassistance cases.

The increasing number of children being born out of wedlock together with improved awareness of the benefits to the child and society of having paternity established have resulted in a greater demand on the existing judicial paternity establishment system. The availability of a supplemental remedy would provide an additional means to ensure that these paternity establishment services are provided as required.

The state of Washington, therefore, exercising its police and sovereign power, declares that the statutory remedies in chapter 26.26 RCW shall be augmented by administrative remedies to establish paternity. It is the intent of the legislature to grant such authority, power and responsibility to the office of support enforcement of the department of social and health services to supplement rather than replace the current judicial process.

NEW SECTION. Sec. 2. (1) The definitions of RCW 74.20A.020 shall be incorporated into and made a part of this chapter.

(2) "Alleged father" means a man, or men, alleged, in a written declaration by the mother, to be the father of her child or children.

NEW SECTION. Sec. 3. (1) The provisions of this chapter shall apply in any case in which the office of support enforcement is providing support enforcement services under RCW 74.20.040 if paternity of the dependent child is in question.

(2) Actions under this chapter may be maintained as to any child, whether born before or after the enactment of this chapter.

(3) If an action is brought under this chapter before the birth of the child, all proceedings may be stayed until after the birth, except service of process and discovery, including the taking of depositions to perpetuate testimony.

(4) Regardless of its terms, no agreement between an alleged father and the mother or child shall bar an action under this chapter.

(5) In an action brought under this chapter, the interest of both the state and the child may be represented by the office of support enforcement.

NEW SECTION. Sec. 4. (1) The office of support enforcement, or its authorized agent or representative, may serve a man, or men, declared in writing by the mother of a child to be the alleged father of a child, with a notice and allegation of paternity. The notice and allegation shall be served by personal service. Additional pleadings shall be served in a manner consistent with superior court civil rules governing service of pleadings and other papers.

(2) The notice of paternity shall contain:

(a) An allegation that the man named in the notice is the natural father of the dependent child or children.

(b) An initial assessment of the amount the alleged father should be required to pay for current and future support, and any amount assessed as a support debt.

(c) An assessment of responsibility for medical expenses, including the responsibility to provide medical insurance coverage for the child or children, and costs of birth and confinement of the mother.

(d) A statement describing the current custodial arrangement regarding the care, custody, and control of the child, and a notice that this arrangement will be confirmed by the final order in the action under this chapter until the superior court issues an order providing for a different custodial arrangement in a proceeding under RCW 26.09.180 or such an order is entered in a proceeding under chapter 26.50 RCW.

(e) A statement that the alleged father must file an action in superior court to obtain specific visitation rights or an order providing for a different custodial arrangement and that such action may be maintained separately from an action under this chapter.

(f) A statement that the alleged father has a right to request an administrative hearing to contest the allegation of paternity, the amount of the current and future support, and/or the support debt.

(g) A statement that, unless a request for hearing is made within twenty days of the date of the service of the notice of paternity, a default order will be entered and collection action shall be lawful without any additional notice.

(h) A statement concerning the alleged father's right to elect remedies as set forth in section 5 of this act.

NEW SECTION. Sec. 5. (1) An alleged father, served with a notice of paternity, shall have twenty days from the date of the service of the notice of paternity to request an administrative hearing as provided in this chapter, or to file an action in superior court, pursuant to chapter 26.26 RCW to determine the existence or the nonexistence of the father and child relationship alleged in the notice. Upon service of notice on the office of support enforcement that an action has been filed in the superior court, the action shall proceed as if the parentage action had been filed by the state under chapter 26.26 RCW.

(2) If the alleged father, served with a notice of paternity, files an action in superior court under chapter 26.26 RCW within the twenty day period, the notice of paternity shall be deemed to be withdrawn upon service upon the office of support enforcement of the petition filed and served under chapter 26.26 RCW.

(3) If the alleged father fails to file an action in superior court within the twenty-day period, further proceedings relating to the allegations contained in the notice of paternity shall be determined under this chapter.

NEW SECTION. Sec. 6. A request for an administrative hearing shall be in writing and shall be served upon the office of support enforcement in a manner consistent with the service of pleadings and other papers under the superior court civil rules. The office of support enforcement shall provide a form with the notice and allegation of paternity which may be used to request an administrative hearing.

NEW SECTION. Sec. 7. (1) A motion for default may be made if an alleged father fails to file an action in superior court as provided for in section 5(1) of this act, fails to request an administrative hearing, or requests an administrative hearing and subsequently abandons the proceedings. The office of support enforcement shall mail a copy of the notice of presentation and a copy of the proposed default order to the alleged father. The notice and the proposed default order shall be mailed to the last known address of the alleged father at least fourteen days prior to presentation.

(2) Upon presentation, the administrative law judge shall sign the proposed default order if: The alleged father has not requested a late hearing; the terms of the order conform to the initial allegations in the notice and allegation of paternity; the notice of presentation and a copy of the proposed order were mailed to the alleged father as required by this section; and satisfactory evidence exists of the service of the notice of paternity.

(3) Any support debt accrued or accruing under the default order shall be subject to collection action under chapter 74.20A RCW and all other applicable state statutes.

(4) The default order shall be filed by the office of support enforcement with the clerk of the superior court. The superior court clerk shall docket the default order in the judgment docket. Once docketed, the decision shall have full force and effect of an order or decree of the superior court.

NEW SECTION. Sec. 8. (1) If the man named as the father in the default order petitions the superior court for relief from said order within one year after the default order has been entered, the superior court shall vacate the default order and proceed as if the man named as father had filed an action under chapter 26.26 RCW.

(2) If the man named in the default order petitions the superior court for relief from the order one year or more after entry of the order, the court, upon a showing of good cause for failure to respond within one year, or upon grounds set forth in superior court civil rule 60, may vacate the default order and proceed as if the man named as father had filed an action under chapter 26.26 RCW.

(3) The man named as the father in the default order may petition for a stay on future collection action pending the final decision of the secretary under a request for hearing under the procedures in this chapter. Said request shall not affect any collection action previously taken or pending at the time of a subsequent request for hearing or petition for hearing as provided for in this chapter.

(4) The office of support enforcement may petition for a temporary order as a part of the stay.

(5) Moneys received by the office of support enforcement after the granting of a stay shall be held in trust pending the final order of the secretary or during the pendency of appeal to the courts made under chapter 34.04 RCW.

(6) Reimbursement, without interest, costs or attorney's fees of moneys held in trust shall be made by the office of support enforcement in the event of a subsequent final determination that the alleged father is not the parent of the child.

NEW SECTION. Sec. 9. (1) At the request of any party, or the office of support enforcement, the administrative law judge shall issue an order directing the parties to submit to blood tests.

(2) If the alleged father fails to appear for the blood test, the office of support enforcement may move to strike the request for hearing and for the entry of an order declaring the alleged father to be in default.

(3) The office of support enforcement may, through the attorney general's office, seek enforcement by the superior court of the order requiring an alleged father to submit to blood tests.

(4) If the mother fails to submit to blood tests, the office of support enforcement or the alleged father may seek enforcement of the order for blood tests in superior court.

(5) If the mother fails to submit to blood tests, the man or men alleged to be the father in the notice of paternity may move for a dismissal of the action, without prejudice.

(6) The administrative law judge, or superior court, may enter an order directing the person or persons who failed to appear at the blood test to pay costs and attorney or staff costs or fees, as appropriate.

NEW SECTION. Sec. 10. (1) The office of support enforcement, if there is no presumption of paternity as provided for in RCW 26.26.040, has the burden of proving paternity by a preponderance of the evidence in a hearing under this chapter.

(2) Upon a showing by the office of support enforcement that the alleged father is presumed to be the father under RCW 26.26.040, the burden of proving the nonexistence of the father and child relationship shifts to the presumed father. A presumption of paternity may be rebutted by clear, cogent, and convincing evidence.

(3) If the alleged father acknowledges that he is the father, and there is no issue regarding support payments or the support obligation, the matter may be resolved by the entry of a consent order or agreed settlement.

(4) If the alleged father admits paternity but contests support payment issues, the stipulation as to paternity shall be recorded in the proceedings and a hearing shall be scheduled on the financial issue within thirty days of the date the request for hearing is received.

(5) If the alleged father of the child contests paternity, the hearing shall be scheduled within ninety days of the date of the request for hearing unless more time is allowed for discovery. The hearing shall be conducted in accordance with the rules and regulations adopted by the department of social and health services and the office of administrative hearings, and shall be a contested hearing under the provisions of chapter 34.04 RCW.

(6) The decision and order in a contested case, the consent order or settlement agreement, when entered shall be filed and docketed in superior court in the same manner and with the same effect as provided in section 7 of this act for a default order.

NEW SECTION. Sec. 11. The hearing, including a hearing on prospective modification, shall be conducted by an administrative law judge appointed under chapter 34.12 RCW. The provisions of RCW 74.20A.055(5), providing for review of the initial decision and order, to the extent that those provisions are not inconsistent with this chapter are incorporated as if fully set forth herein.

NEW SECTION. Sec. 12. (1) Whenever a hearing has been requested under this chapter where the amount of the current and future support obligation, or the support debt is at issue, the determination shall be made in accordance with the provisions of RCW 74.20A.055(5), (6), (7), (8), (9), and (10), which are incorporated herein by this reference as if fully set forth herein, to the extent they are not in contradiction with some other provision of this chapter.

(2) A support debt may not be assessed for support or expenses incurred more than five years prior to the commencement of the action under this chapter. Any period of time in which the alleged father has concealed himself, or avoided the jurisdiction of the state shall not be included within this five-year period. The provisions of RCW 74.20A.055(2) shall not apply to an action brought under this chapter.

NEW SECTION. Sec. 13. The final order of the department shall be filed and docketed in superior court and shall have the same effect as previously provided in section 7 of this act for a default order. This final order is subject to appeal by any party or the office of support enforcement, acting on behalf of the child, under RCW 34.04.130.

NEW SECTION. Sec. 14. (1) The following statutory provisions are incorporated by reference in this section and made applicable to hearings conducted under this chapter to the extent they are consistent with provisions in this chapter: RCW 26.26.010, 26.26.020, 26.26.040, 26.26.050, 26.26.080 (2) and (3), 26.26.090, 26.26.100, 26.26.110, 26.26.120, 26.26.200, 74.20A.290, and 74.20A.057.

(2) The secretary of the department of social and health services shall establish by rule the necessary and appropriate procedures for discovery under this chapter.

NEW SECTION. Sec. 15. (1) As appropriate under the circumstances, a decision and order, including a default order establishing paternity and/or support payments shall contain the following provisions:

(a) A declaration of the existence or nonexistence of the father and child relationship;

(b) An order that the child's birth certificate be amended;

(c) Appropriate orders relating to the liability for any payment of current and future support, support debt, and any other costs;

(d) An order providing that action to collect or enforce the support obligation may be taken under chapter 74.20A RCW, and any other applicable statutes, without further notice if the obligor becomes delinquent in his support payments, in which case an acceleration of the entire amount of support due becomes due, owing, and collectible;

(e) A statement confirming the current custodial arrangement regarding the care, custody, and control of the child, and a notice that such arrangement shall continue until the superior court issues a child custody order in a proceeding under RCW 26.09.180, or an order providing for a different custodial arrangement is issued in a proceeding under chapter 26.50 RCW;

(f) A notice that the father must initiate an action in superior court to obtain the right to visit the child or the right to exercise parental control over the child;

(g) A notice of the right to petition for review by the secretary, and a statement of the consequences of his failure to request such a review within the allotted time; and

(h) A notice that a copy of the decision will be filed and docketed in superior court forty-five days from the date of the entry of the decision, unless a petition for review is filed in a timely manner wherein a decision will be filed and docketed forty-five days from the date the review decision is entered, and an explanation of the consequences of docketing the decision.

(2) Payments that are ordered which become delinquent or debts which are collectible by the terms of any decision and order, including a default order entered under this chapter, are subject to collection action under the provisions of chapter 74.20A RCW and all other statutory remedies available for enforcement of support debts, administrative orders or support orders.

NEW SECTION. Sec. 16. (1) The determination of paternity and support whether determined under this chapter or chapter 26.26 RCW, entered as a judgment or order of the superior court may be modified in superior court pursuant to RCW 26.26.160, or may be modified pursuant to RCW 74.20A.055(7) in which event the procedures set forth herein for review, docketing in superior court, and appeal pursuant to chapter 34.04 RCW apply.

(2) The superior court, in its discretion, may remand a petition for modification filed in superior court pursuant to RCW 26.26.160 to the office of administrative hearings, for hearing on modification pursuant to the procedures set forth in this chapter. Review, after remand, shall be pursuant to this chapter and chapter 34.04 RCW. A copy of the petition for modification under RCW 74.20A.055(7), or chapter 26.26 RCW, shall be filed with the superior court clerk during the pendency of the modification proceedings under RCW 74.20A.055(7).

Sec. 17. Section 23, chapter 171, Laws of 1979 ex. sess. and RCW 74.20A.280 are each amended to read as follows:

While discharging its responsibilities to enforce the support obligations of responsible parents, the department shall respect the right of privacy of recipients of public assistance and of other persons. Any inquiry about sexual activity shall be limited to that necessary to ((resolve a genuine dispute about the parentage of a child. When a custodial mother has informed the department that a particular man is the father of her child, the department shall make no further inquiry into her personal life unless the man so identified has denied that he is the father of such child)) identify and locate possible fathers and to gather facts needed in the adjudication of parentage.

NEW SECTION. Sec. 18. Sections 1 through 16 of this act shall constitute a new chapter in Title 26 RCW.