SENATE BILL REPORT

SB 5666

BYSenators Pullen, Talmadge, Smitherman and Cantu; by request of Department of Social and Health Services

Changing requirements for establishing paternity.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 14, 1989; February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5666 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  February 27, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 24, 1989

BACKGROUND:

Under current law the Office of Support Enforcement (OSE) cannot establish and enforce a child support obligation even though a father has signed an affidavit acknowledging paternity.  These cases are referred to the prosecutor's office for the filing of an action to establish paternity.  There is a belief that paternity could be established earlier, if the necessary information could be obtained at the time of the birth of the child.

SUMMARY:

OSE is authorized to establish and enforce an obligation of support against a presumed father on the basis of a signed affidavit acknowledging paternity.  An administrative hearing will be held if child support is contested.  The department may advance the cost of blood testing if paternity is contested.

To establish paternity earlier, the information included in a birth certificate is clarified and expanded.  The certificate includes the parents' names, dates of birth, and social security numbers.  If the parents were not married, an additional form shall indicate whether the father has signed an acknowledgement of paternity.  This information is provided to OSE by the state Office of Vital Statistics.

The duties of a child's attending physician are clarified.  The physician provides the parents with an opportunity to acknowledge paternity.

EFFECT OF PROPOSED SUBSTITUTE:

Technical and clarifying changes are made.

The age limitation is removed for the definition of a dependent child.

Affidavits of paternity are filed with the state Office of Vital Statistics.

The cost of blood testing may be advanced by the department under conditions established by department rule.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Dave Hogan, Department of Social and Health Services (pro); Kim Prochnau, Evergreen Legal Services (pro); Lonnie Johns-Brown, Washington State National Organization for Women (pro); Jo Anne Moore, Paternity Commission; Darlene Korckman, Paternity Efficiency Commission; Mike Redman, WAPA (pro)