252F.3 NOTICE OF ALLEGED PATERNITY AND SUPPORT DEBT
-- CONFERENCE -- REQUEST FOR HEARING.
1. The unit may prepare a notice of alleged paternity and support
debt to be served on a party if the mother of the child provides a
written statement to the unit certifying in accordance with section
622.1 that the putative father is or may be the biological father of
the child or children involved. The notice shall be accompanied by a
copy of the statement and served on the putative father in accordance
with rule of civil procedure 1.305. Service upon the mother shall
not constitute valid service upon the putative father. The notice
shall include or be accompanied by all of the following:
a. The name of the recipient of services under chapter 252B
and the name and birth date of the child or children involved.
b. A statement that the putative father has been named as the
biological father of the child or children named.
c. A statement that if paternity is established, the amount
of the putative father's monthly support obligation and the amount of
the support debt accrued and accruing will be established in
accordance with the guidelines established in section 598.21B, and
the criteria established pursuant to section 252B.7A.
d. A statement that if paternity is established, a party has
a duty to provide accrued and accruing medical support to the child
or children in accordance with chapter 252E.
e. A written explanation of the procedures for determining
the child support obligation and a request for financial or income
information as necessary for application of the child support
guidelines established pursuant to section 598.21B.
f. (1) The right of a party to request a conference with the
unit to discuss paternity establishment and the amount of support
that a party may be required to provide, within ten days of the date
of service of the original notice or, if paternity is contested and
paternity testing is conducted, within ten days of the date the
paternity test results are issued or mailed to a party by the unit.
(2) A statement that if a conference is requested, a party shall
have one of the following time frames, whichever is the latest, to
send a written request for a court hearing on the issue of support to
the unit:
(a) Ten days from the date set for the conference.
(b) Twenty days from the date of service of the original notice.
(c) If paternity was contested and paternity testing was
conducted, and a party does not deny paternity after the testing or
challenge the paternity test results, twenty days from the date
paternity test results are issued or mailed by the unit to the party.
(3) A statement that after the holding of the conference, the
unit shall issue a new notice of alleged paternity and finding of
financial responsibility for child support or medical support, or
both, to be provided in person to each party or sent to each party by
regular mail addressed to the party's last known address or, if
applicable, to the last known address of the party's attorney.
(4) A statement that if the unit issues a new notice of alleged
paternity and finding of financial responsibility for child support
or medical support, or both, a party shall have one of the following
time frames, whichever is the latest, to send a written request for a
court hearing on the issue of support to the unit:
(a) Ten days from the date of issuance of the new notice.
(b) Twenty days from the date of service of the original notice.
(c) If paternity was contested and paternity testing conducted,
and a party does not deny paternity after the testing or challenge
the paternity test results, twenty days from the date the paternity
test results are issued or mailed to the party by the unit.
g. A statement that if a conference is not requested, and a
party does not deny paternity or challenge the results of any
paternity testing conducted but objects to the finding of financial
responsibility or the amount of child support or medical support, or
both, the party shall send a written request for a court hearing on
the issue of support to the unit within twenty days of the date of
service of the original notice, or, if paternity was contested and
paternity testing conducted, and a party does not deny paternity
after the testing or challenge the paternity test results, within
twenty days from the date the paternity test results are issued or
mailed to the party by the unit, whichever is later.
h. A statement that if a timely written request for a hearing
on the issue of support is received by the unit, the party shall have
the right to a hearing to be held in district court and that if no
timely written request is received and paternity is not contested,
the administrator shall enter an order establishing the putative
father as the father of the child or children and establishing child
support or medical support, or both, in accordance with the notice of
alleged paternity and support debt.
i. A written explanation of the rights and responsibilities
associated with the establishment of paternity.
j. A written explanation of a party's right to deny
paternity, the procedures for denying paternity, and the consequences
of the denial.
k. A statement that if a party contests paternity, the party
shall have twenty days from the date of service of the original
notice to submit a written denial of paternity to the unit.
l. A statement that if paternity is contested, the unit
shall, at the request of the party contesting paternity or on its own
initiative, enter an administrative order requiring the putative
father, mother, and child or children involved, to submit to
paternity testing.
m. A statement that if paternity tests are conducted, the
unit shall provide a copy of the test results to each party in person
or send a copy to each party by regular mail, addressed to the
party's last known address, or, if applicable, to the last known
address of the party's attorney.
n. A statement setting forth the time frames for contesting
paternity after paternity tests are conducted.
o. Other information as the unit finds appropriate.
2. The time limitations established for the notice provisions
under subsection 1 are binding unless otherwise specified in this
chapter or waived pursuant to section 252F.8.
3. a. If notice is served on a party, the unit shall file a
true copy of the notice and the original return of service with the
appropriate clerk of the district court as follows:
(1) In the county in which the child or children reside if the
action is for purposes of establishing paternity and future child or
medical support, or both.
(2) In the county in which the child or children involved last
received public assistance benefits in the state, if the action is
for purposes of establishing paternity and child or medical support,
or both, only for prior periods of time when the child or children
received public assistance, and no ongoing child or medical support
obligation is to be established by this action.
(3) If the action is the result of a request from a foreign
jurisdiction to establish paternity of a putative father located in
Iowa, in the county in which the putative father resides.
b. All subsequent documents filed or court hearings held
related to the action shall be in the district court in the county in
which notice was filed pursuant to this subsection. The clerk shall
file and docket the action.
4. A party or the child support recovery unit may request a court
hearing regarding establishment of paternity or a determination of
support, or both.
a. Upon receipt of a timely written response requesting a
hearing or on its own initiative, the unit shall certify the matter
for hearing in the district court in the county where the original
notice of alleged paternity and support debt is filed, in accordance
with section 252F.5.
b. If paternity establishment was contested and paternity
tests conducted, a court hearing on the issue of paternity shall be
held no earlier than thirty days from the date paternity test results
are issued to all parties by the unit, unless the parties mutually
agree to waive the time frame pursuant to section 252F.8.
c. Any objection to the results of paternity tests shall be
filed no later than twenty days after the date paternity test results
are issued or mailed to each party by the unit. Any objection to
paternity test results filed by a party more than twenty days after
the date paternity tests are issued or mailed to the party by the
unit shall not be accepted or considered by the court.
5. If a timely written response and request for a court hearing
is not received by the unit and a party does not deny paternity, the
administrator shall enter an order in accordance with section 252F.4.
a. If a party contests the establishment of paternity, the
party shall submit, within twenty days of service of the notice on
the party under subsection 1, a written statement contesting
paternity establishment to the unit. Upon receipt of a written
challenge of paternity establishment, or upon initiation by the unit,
the administrator shall enter ex parte administrative orders
requiring the mother, child or children involved, and the putative
father to submit to paternity testing. Either the mother or putative
father may contest paternity under this chapter.
b. The orders shall be filed with the clerk of the district
court in the county where the notice was filed and have the same
force and effect as a court order for paternity testing.
c. The unit shall issue copies of the respective
administrative orders for paternity testing to the mother and
putative father in person, or by regular mail to the last known
address of each, or if applicable, to the last known address of the
attorney for each.
d. If a paternity test is ordered under this section, the
administrator shall direct that inherited characteristics be analyzed
and interpreted, and shall appoint an expert qualified as an examiner
of genetic markers to analyze and interpret the results. The test
shall be of a type generally acknowledged as reliable by
accreditation entities designated by the secretary of the United
States department of health and human services and shall be performed
by a laboratory approved by an accreditation entity.
e. The party contesting paternity shall be provided one
opportunity to reschedule the paternity testing appointment if the
testing is rescheduled prior to the date of the originally scheduled
appointment.
f. An original copy of the test results shall be filed with
the clerk of the district court in the county where the notice was
filed. The child support recovery unit shall issue a copy of the
filed test results to each party in person, or by regular mail to the
last known address of each, or if applicable, to the last known
address of the attorney for each. However, if the action is the
result of a request from a foreign jurisdiction, the unit shall issue
a copy of the results to the initiating agency in that foreign
jurisdiction.
g. Verified documentation of the chain of custody of the
blood or genetic specimens is competent evidence to establish the
chain of custody. The testimony of the appointed expert is not
required. A verified expert's report of test results which indicate
a statistical probability of paternity is sufficient authenticity of
the expert's conclusion.
h. A verified expert's report shall be admitted as evidence
to establish administrative paternity, and, if a court hearing is
scheduled to resolve the issue of paternity, shall be admitted as
evidence and is admissible at trial.
i. If the verified expert concludes that the test results
show that the putative father is not excluded and that the
probability of the putative father's paternity is ninety-five percent
or higher, there shall be a rebuttable presumption that the putative
father is the biological father, and the evidence shall be sufficient
as a basis for administrative establishment of paternity.
(1) In order to challenge the presumption of paternity, a party
shall file a written notice of the challenge with the district court
within twenty days from the date the paternity test results are
issued or mailed to all parties by the unit. Any challenge to a
presumption of paternity resulting from paternity tests, or to
paternity test results filed after the lapse of the twenty-day time
frame shall not be accepted or admissible by the unit or the court.
(2) A copy of the notice challenging the presumption of paternity
shall be provided to any other party in person, or by mailing the
notice to the last known address of each party, or if applicable, to
the last known address of each party's attorney.
(3) The party challenging the presumption of paternity has the
burden of proving that the putative father is not the father of the
child.
(4) The presumption of paternity may be rebutted only by clear
and convincing evidence.
j. If the verified expert concludes that the test results
indicate that the putative father is not excluded and that the
probability of the putative father's paternity is less than
ninety-five percent, the administrator shall order a subsequent
administrative paternity test or certify the case to the district
court for resolution in accordance with the procedures and time
frames specified in paragraph "i" and section 252F.5.
k. If the results of the test or the verified expert's
analysis are timely challenged as provided in this subsection, the
administrator, upon the request of a party and advance payment by the
contestant or upon the unit's own initiative, shall order that an
additional test be performed by the same laboratory or an independent
laboratory. If the party requesting additional testing does not
advance payment, the administrator shall certify the case to the
district court in accordance with paragraph "i" and section
252F.5.
l. When a subsequent paternity test is conducted, the time
frames in this chapter associated with paternity tests shall apply to
the most recently completed test.
m. If the paternity test results exclude the putative father
as a potential biological father of the child or children, and
additional tests are not requested by either party or conducted on
the unit's initiative, or if additional tests exclude the putative
father as a potential biological father, the unit shall withdraw its
action against the putative father and shall file a notice of the
withdrawal with the clerk of the district court, and shall provide a
copy of the notice to each party in person, or by regular mail sent
to each party's last known address, or if applicable, the last known
address of the party's attorney.
n. Except as provided in paragraph "k", the unit shall
advance the costs of genetic testing. If paternity is established
and paternity testing was conducted, the unit shall enter an order
or, if the action proceeded to a court hearing, request that the
court enter a judgment for the costs of the paternity tests
consistent with applicable federal law. In a proceeding under this
chapter, a copy of a bill for genetic testing shall be admitted as
evidence without requiring third-party foundation testimony and shall
constitute prima facie evidence of the amount incurred for genetic
testing.
For transition provisions applicable to existing child support
recovery unit rules, procedures, definitions, and requirements, and
for nullification of 441 IAC rule 98.3, see 2007 Acts, ch 218, §186
252F.3 NOTICE OF ALLEGED PATERNITY AND SUPPORT DEBT
-- CONFERENCE -- REQUEST FOR HEARING.
1. The unit may prepare a notice of alleged paternity and support
debt to be served on a party if the mother of the child provides a
written statement to the unit certifying in accordance with section
622.1 that the putative father is or may be the biological father of
the child or children involved. The notice shall be accompanied by a
copy of the statement and served on the putative father in accordance
with rule of civil procedure 1.305. Service upon the mother shall
not constitute valid service upon the putative father. The notice
shall include or be accompanied by all of the following:
a. The name of the recipient of services under chapter 252B
and the name and birth date of the child or children involved.
b. A statement that the putative father has been named as the
biological father of the child or children named.
c. A statement that if paternity is established, the amount
of the putative father's monthly support obligation and the amount of
the support debt accrued and accruing will be established in
accordance with the guidelines established in section 598.21B, and
the criteria established pursuant to section 252B.7A.
d. A statement that if paternity is established, a party has
a duty to provide accrued and accruing medical support to the child
or children in accordance with chapter 252E.
e. A written explanation of the procedures for determining
the child support obligation and a request for financial or income
information as necessary for application of the child support
guidelines established pursuant to section 598.21B.
f. (1) The right of a party to request a conference with the
unit to discuss paternity establishment and the amount of support
that a party may be required to provide, within ten days of the date
of service of the original notice or, if paternity is contested and
paternity testing is conducted, within ten days of the date the
paternity test results are issued or mailed to a party by the unit.
(2) A statement that if a conference is requested, a party shall
have one of the following time frames, whichever is the latest, to
send a written request for a court hearing on the issue of support to
the unit:
(a) Ten days from the date set for the conference.
(b) Twenty days from the date of service of the original notice.
(c) If paternity was contested and paternity testing was
conducted, and a party does not deny paternity after the testing or
challenge the paternity test results, twenty days from the date
paternity test results are issued or mailed by the unit to the party.
(3) A statement that after the holding of the conference, the
unit shall issue a new notice of alleged paternity and finding of
financial responsibility for child support or medical support, or
both, to be provided in person to each party or sent to each party by
regular mail addressed to the party's last known address or, if
applicable, to the last known address of the party's attorney.
(4) A statement that if the unit issues a new notice of alleged
paternity and finding of financial responsibility for child support
or medical support, or both, a party shall have one of the following
time frames, whichever is the latest, to send a written request for a
court hearing on the issue of support to the unit:
(a) Ten days from the date of issuance of the new notice.
(b) Twenty days from the date of service of the original notice.
(c) If paternity was contested and paternity testing conducted,
and a party does not deny paternity after the testing or challenge
the paternity test results, twenty days from the date the paternity
test results are issued or mailed to the party by the unit.
g. A statement that if a conference is not requested, and a
party does not deny paternity or challenge the results of any
paternity testing conducted but objects to the finding of financial
responsibility or the amount of child support or medical support, or
both, the party shall send a written request for a court hearing on
the issue of support to the unit within twenty days of the date of
service of the original notice, or, if paternity was contested and
paternity testing conducted, and a party does not deny paternity
after the testing or challenge the paternity test results, within
twenty days from the date the paternity test results are issued or
mailed to the party by the unit, whichever is later.
h. A statement that if a timely written request for a hearing
on the issue of support is received by the unit, the party shall have
the right to a hearing to be held in district court and that if no
timely written request is received and paternity is not contested,
the administrator shall enter an order establishing the putative
father as the father of the child or children and establishing child
support or medical support, or both, in accordance with the notice of
alleged paternity and support debt.
i. A written explanation of the rights and responsibilities
associated with the establishment of paternity.
j. A written explanation of a party's right to deny
paternity, the procedures for denying paternity, and the consequences
of the denial.
k. A statement that if a party contests paternity, the party
shall have twenty days from the date of service of the original
notice to submit a written denial of paternity to the unit.
l. A statement that if paternity is contested, the unit
shall, at the request of the party contesting paternity or on its own
initiative, enter an administrative order requiring the putative
father, mother, and child or children involved, to submit to
paternity testing.
m. A statement that if paternity tests are conducted, the
unit shall provide a copy of the test results to each party in person
or send a copy to each party by regular mail, addressed to the
party's last known address, or, if applicable, to the last known
address of the party's attorney.
n. A statement setting forth the time frames for contesting
paternity after paternity tests are conducted.
o. Other information as the unit finds appropriate.
2. The time limitations established for the notice provisions
under subsection 1 are binding unless otherwise specified in this
chapter or waived pursuant to section 252F.8.
3. a. If notice is served on a party, the unit shall file a
true copy of the notice and the original return of service with the
appropriate clerk of the district court as follows:
(1) In the county in which the child or children reside if the
action is for purposes of establishing paternity and future child or
medical support, or both.
(2) In the county in which the child or children involved last
received public assistance benefits in the state, if the action is
for purposes of establishing paternity and child or medical support,
or both, only for prior periods of time when the child or children
received public assistance, and no ongoing child or medical support
obligation is to be established by this action.
(3) If the action is the result of a request from a foreign
jurisdiction to establish paternity of a putative father located in
Iowa, in the county in which the putative father resides.
b. All subsequent documents filed or court hearings held
related to the action shall be in the district court in the county in
which notice was filed pursuant to this subsection. The clerk shall
file and docket the action.
4. A party or the child support recovery unit may request a court
hearing regarding establishment of paternity or a determination of
support, or both.
a. Upon receipt of a timely written response requesting a
hearing or on its own initiative, the unit shall certify the matter
for hearing in the district court in the county where the original
notice of alleged paternity and support debt is filed, in accordance
with section 252F.5.
b. If paternity establishment was contested and paternity
tests conducted, a court hearing on the issue of paternity shall be
held no earlier than thirty days from the date paternity test results
are issued to all parties by the unit, unless the parties mutually
agree to waive the time frame pursuant to section 252F.8.
c. Any objection to the results of paternity tests shall be
filed no later than twenty days after the date paternity test results
are issued or mailed to each party by the unit. Any objection to
paternity test results filed by a party more than twenty days after
the date paternity tests are issued or mailed to the party by the
unit shall not be accepted or considered by the court.
5. If a timely written response and request for a court hearing
is not received by the unit and a party does not deny paternity, the
administrator shall enter an order in accordance with section 252F.4.
a. If a party contests the establishment of paternity, the
party shall submit, within twenty days of service of the notice on
the party under subsection 1, a written statement contesting
paternity establishment to the unit. Upon receipt of a written
challenge of paternity establishment, or upon initiation by the unit,
the administrator shall enter ex parte administrative orders
requiring the mother, child or children involved, and the putative
father to submit to paternity testing. Either the mother or putative
father may contest paternity under this chapter.
b. The orders shall be filed with the clerk of the district
court in the county where the notice was filed and have the same
force and effect as a court order for paternity testing.
c. The unit shall issue copies of the respective
administrative orders for paternity testing to the mother and
putative father in person, or by regular mail to the last known
address of each, or if applicable, to the last known address of the
attorney for each.
d. If a paternity test is ordered under this section, the
administrator shall direct that inherited characteristics be analyzed
and interpreted, and shall appoint an expert qualified as an examiner
of genetic markers to analyze and interpret the results. The test
shall be of a type generally acknowledged as reliable by
accreditation entities designated by the secretary of the United
States department of health and human services and shall be performed
by a laboratory approved by an accreditation entity.
e. The party contesting paternity shall be provided one
opportunity to reschedule the paternity testing appointment if the
testing is rescheduled prior to the date of the originally scheduled
appointment.
f. An original copy of the test results shall be filed with
the clerk of the district court in the county where the notice was
filed. The child support recovery unit shall issue a copy of the
filed test results to each party in person, or by regular mail to the
last known address of each, or if applicable, to the last known
address of the attorney for each. However, if the action is the
result of a request from a foreign jurisdiction, the unit shall issue
a copy of the results to the initiating agency in that foreign
jurisdiction.
g. Verified documentation of the chain of custody of the
blood or genetic specimens is competent evidence to establish the
chain of custody. The testimony of the appointed expert is not
required. A verified expert's report of test results which indicate
a statistical probability of paternity is sufficient authenticity of
the expert's conclusion.
h. A verified expert's report shall be admitted as evidence
to establish administrative paternity, and, if a court hearing is
scheduled to resolve the issue of paternity, shall be admitted as
evidence and is admissible at trial.
i. If the verified expert concludes that the test results
show that the putative father is not excluded and that the
probability of the putative father's paternity is ninety-five percent
or higher, there shall be a rebuttable presumption that the putative
father is the biological father, and the evidence shall be sufficient
as a basis for administrative establishment of paternity.
(1) In order to challenge the presumption of paternity, a party
shall file a written notice of the challenge with the district court
within twenty days from the date the paternity test results are
issued or mailed to all parties by the unit. Any challenge to a
presumption of paternity resulting from paternity tests, or to
paternity test results filed after the lapse of the twenty-day time
frame shall not be accepted or admissible by the unit or the court.
(2) A copy of the notice challenging the presumption of paternity
shall be provided to any other party in person, or by mailing the
notice to the last known address of each party, or if applicable, to
the last known address of each party's attorney.
(3) The party challenging the presumption of paternity has the
burden of proving that the putative father is not the father of the
child.
(4) The presumption of paternity may be rebutted only by clear
and convincing evidence.
j. If the verified expert concludes that the test results
indicate that the putative father is not excluded and that the
probability of the putative father's paternity is less than
ninety-five percent, the administrator shall order a subsequent
administrative paternity test or certify the case to the district
court for resolution in accordance with the procedures and time
frames specified in paragraph "i" and section 252F.5.
k. If the results of the test or the verified expert's
analysis are timely challenged as provided in this subsection, the
administrator, upon the request of a party and advance payment by the
contestant or upon the unit's own initiative, shall order that an
additional test be performed by the same laboratory or an independent
laboratory. If the party requesting additional testing does not
advance payment, the administrator shall certify the case to the
district court in accordance with paragraph "i" and section
252F.5.
l. When a subsequent paternity test is conducted, the time
frames in this chapter associated with paternity tests shall apply to
the most recently completed test.
m. If the paternity test results exclude the putative father
as a potential biological father of the child or children, and
additional tests are not requested by either party or conducted on
the unit's initiative, or if additional tests exclude the putative
father as a potential biological father, the unit shall withdraw its
action against the putative father and shall file a notice of the
withdrawal with the clerk of the district court, and shall provide a
copy of the notice to each party in person, or by regular mail sent
to each party's last known address, or if applicable, the last known
address of the party's attorney.
n. Except as provided in paragraph "k", the unit shall
advance the costs of genetic testing. If paternity is established
and paternity testing was conducted, the unit shall enter an order
or, if the action proceeded to a court hearing, request that the
court enter a judgment for the costs of the paternity tests
consistent with applicable federal law. In a proceeding under this
chapter, a copy of a bill for genetic testing shall be admitted as
evidence without requiring third-party foundation testimony and shall
constitute prima facie evidence of the amount incurred for genetic
testing.
For transition provisions applicable to existing child support
recovery unit rules, procedures, definitions, and requirements, and
for nullification of 441 IAC rule 98.3, see 2007 Acts, ch 218, §186
252F.3 NOTICE OF ALLEGED PATERNITY AND SUPPORT DEBT
-- CONFERENCE -- REQUEST FOR HEARING.
1. The unit may prepare a notice of alleged paternity and support
debt to be served on a party if the mother of the child provides a
written statement to the unit certifying in accordance with section
622.1 that the putative father is or may be the biological father of
the child or children involved. The notice shall be accompanied by a
copy of the statement and served on the putative father in accordance
with rule of civil procedure 1.305. Service upon the mother shall
not constitute valid service upon the putative father. The notice
shall include or be accompanied by all of the following:
a. The name of the recipient of services under chapter 252B
and the name and birth date of the child or children involved.
b. A statement that the putative father has been named as the
biological father of the child or children named.
c. A statement that if paternity is established, the amount
of the putative father's monthly support obligation and the amount of
the support debt accrued and accruing will be established in
accordance with the guidelines established in section 598.21B, and
the criteria established pursuant to section 252B.7A.
d. A statement that if paternity is established, a party has
a duty to provide accrued and accruing medical support to the child
or children in accordance with chapter 252E.
e. A written explanation of the procedures for determining
the child support obligation and a request for financial or income
information as necessary for application of the child support
guidelines established pursuant to section 598.21B.
f. (1) The right of a party to request a conference with the
unit to discuss paternity establishment and the amount of support
that a party may be required to provide, within ten days of the date
of service of the original notice or, if paternity is contested and
paternity testing is conducted, within ten days of the date the
paternity test results are issued or mailed to a party by the unit.
(2) A statement that if a conference is requested, a party shall
have one of the following time frames, whichever is the latest, to
send a written request for a court hearing on the issue of support to
the unit:
(a) Ten days from the date set for the conference.
(b) Twenty days from the date of service of the original notice.
(c) If paternity was contested and paternity testing was
conducted, and a party does not deny paternity after the testing or
challenge the paternity test results, twenty days from the date
paternity test results are issued or mailed by the unit to the party.
(3) A statement that after the holding of the conference, the
unit shall issue a new notice of alleged paternity and finding of
financial responsibility for child support or medical support, or
both, to be provided in person to each party or sent to each party by
regular mail addressed to the party's last known address or, if
applicable, to the last known address of the party's attorney.
(4) A statement that if the unit issues a new notice of alleged
paternity and finding of financial responsibility for child support
or medical support, or both, a party shall have one of the following
time frames, whichever is the latest, to send a written request for a
court hearing on the issue of support to the unit:
(a) Ten days from the date of issuance of the new notice.
(b) Twenty days from the date of service of the original notice.
(c) If paternity was contested and paternity testing conducted,
and a party does not deny paternity after the testing or challenge
the paternity test results, twenty days from the date the paternity
test results are issued or mailed to the party by the unit.
g. A statement that if a conference is not requested, and a
party does not deny paternity or challenge the results of any
paternity testing conducted but objects to the finding of financial
responsibility or the amount of child support or medical support, or
both, the party shall send a written request for a court hearing on
the issue of support to the unit within twenty days of the date of
service of the original notice, or, if paternity was contested and
paternity testing conducted, and a party does not deny paternity
after the testing or challenge the paternity test results, within
twenty days from the date the paternity test results are issued or
mailed to the party by the unit, whichever is later.
h. A statement that if a timely written request for a hearing
on the issue of support is received by the unit, the party shall have
the right to a hearing to be held in district court and that if no
timely written request is received and paternity is not contested,
the administrator shall enter an order establishing the putative
father as the father of the child or children and establishing child
support or medical support, or both, in accordance with the notice of
alleged paternity and support debt.
i. A written explanation of the rights and responsibilities
associated with the establishment of paternity.
j. A written explanation of a party's right to deny
paternity, the procedures for denying paternity, and the consequences
of the denial.
k. A statement that if a party contests paternity, the party
shall have twenty days from the date of service of the original
notice to submit a written denial of paternity to the unit.
l. A statement that if paternity is contested, the unit
shall, at the request of the party contesting paternity or on its own
initiative, enter an administrative order requiring the putative
father, mother, and child or children involved, to submit to
paternity testing.
m. A statement that if paternity tests are conducted, the
unit shall provide a copy of the test results to each party in person
or send a copy to each party by regular mail, addressed to the
party's last known address, or, if applicable, to the last known
address of the party's attorney.
n. A statement setting forth the time frames for contesting
paternity after paternity tests are conducted.
o. Other information as the unit finds appropriate.
2. The time limitations established for the notice provisions
under subsection 1 are binding unless otherwise specified in this
chapter or waived pursuant to section 252F.8.
3. a. If notice is served on a party, the unit shall file a
true copy of the notice and the original return of service with the
appropriate clerk of the district court as follows:
(1) In the county in which the child or children reside if the
action is for purposes of establishing paternity and future child or
medical support, or both.
(2) In the county in which the child or children involved last
received public assistance benefits in the state, if the action is
for purposes of establishing paternity and child or medical support,
or both, only for prior periods of time when the child or children
received public assistance, and no ongoing child or medical support
obligation is to be established by this action.
(3) If the action is the result of a request from a foreign
jurisdiction to establish paternity of a putative father located in
Iowa, in the county in which the putative father resides.
b. All subsequent documents filed or court hearings held
related to the action shall be in the district court in the county in
which notice was filed pursuant to this subsection. The clerk shall
file and docket the action.
4. A party or the child support recovery unit may request a court
hearing regarding establishment of paternity or a determination of
support, or both.
a. Upon receipt of a timely written response requesting a
hearing or on its own initiative, the unit shall certify the matter
for hearing in the district court in the county where the original
notice of alleged paternity and support debt is filed, in accordance
with section 252F.5.
b. If paternity establishment was contested and paternity
tests conducted, a court hearing on the issue of paternity shall be
held no earlier than thirty days from the date paternity test results
are issued to all parties by the unit, unless the parties mutually
agree to waive the time frame pursuant to section 252F.8.
c. Any objection to the results of paternity tests shall be
filed no later than twenty days after the date paternity test results
are issued or mailed to each party by the unit. Any objection to
paternity test results filed by a party more than twenty days after
the date paternity tests are issued or mailed to the party by the
unit shall not be accepted or considered by the court.
5. If a timely written response and request for a court hearing
is not received by the unit and a party does not deny paternity, the
administrator shall enter an order in accordance with section 252F.4.
a. If a party contests the establishment of paternity, the
party shall submit, within twenty days of service of the notice on
the party under subsection 1, a written statement contesting
paternity establishment to the unit. Upon receipt of a written
challenge of paternity establishment, or upon initiation by the unit,
the administrator shall enter ex parte administrative orders
requiring the mother, child or children involved, and the putative
father to submit to paternity testing. Either the mother or putative
father may contest paternity under this chapter.
b. The orders shall be filed with the clerk of the district
court in the county where the notice was filed and have the same
force and effect as a court order for paternity testing.
c. The unit shall issue copies of the respective
administrative orders for paternity testing to the mother and
putative father in person, or by regular mail to the last known
address of each, or if applicable, to the last known address of the
attorney for each.
d. If a paternity test is ordered under this section, the
administrator shall direct that inherited characteristics be analyzed
and interpreted, and shall appoint an expert qualified as an examiner
of genetic markers to analyze and interpret the results. The test
shall be of a type generally acknowledged as reliable by
accreditation entities designated by the secretary of the United
States department of health and human services and shall be performed
by a laboratory approved by an accreditation entity.
e. The party contesting paternity shall be provided one
opportunity to reschedule the paternity testing appointment if the
testing is rescheduled prior to the date of the originally scheduled
appointment.
f. An original copy of the test results shall be filed with
the clerk of the district court in the county where the notice was
filed. The child support recovery unit shall issue a copy of the
filed test results to each party in person, or by regular mail to the
last known address of each, or if applicable, to the last known
address of the attorney for each. However, if the action is the
result of a request from a foreign jurisdiction, the unit shall issue
a copy of the results to the initiating agency in that foreign
jurisdiction.
g. Verified documentation of the chain of custody of the
blood or genetic specimens is competent evidence to establish the
chain of custody. The testimony of the appointed expert is not
required. A verified expert's report of test results which indicate
a statistical probability of paternity is sufficient authenticity of
the expert's conclusion.
h. A verified expert's report shall be admitted as evidence
to establish administrative paternity, and, if a court hearing is
scheduled to resolve the issue of paternity, shall be admitted as
evidence and is admissible at trial.
i. If the verified expert concludes that the test results
show that the putative father is not excluded and that the
probability of the putative father's paternity is ninety-five percent
or higher, there shall be a rebuttable presumption that the putative
father is the biological father, and the evidence shall be sufficient
as a basis for administrative establishment of paternity.
(1) In order to challenge the presumption of paternity, a party
shall file a written notice of the challenge with the district court
within twenty days from the date the paternity test results are
issued or mailed to all parties by the unit. Any challenge to a
presumption of paternity resulting from paternity tests, or to
paternity test results filed after the lapse of the twenty-day time
frame shall not be accepted or admissible by the unit or the court.
(2) A copy of the notice challenging the presumption of paternity
shall be provided to any other party in person, or by mailing the
notice to the last known address of each party, or if applicable, to
the last known address of each party's attorney.
(3) The party challenging the presumption of paternity has the
burden of proving that the putative father is not the father of the
child.
(4) The presumption of paternity may be rebutted only by clear
and convincing evidence.
j. If the verified expert concludes that the test results
indicate that the putative father is not excluded and that the
probability of the putative father's paternity is less than
ninety-five percent, the administrator shall order a subsequent
administrative paternity test or certify the case to the district
court for resolution in accordance with the procedures and time
frames specified in paragraph "i" and section 252F.5.
k. If the results of the test or the verified expert's
analysis are timely challenged as provided in this subsection, the
administrator, upon the request of a party and advance payment by the
contestant or upon the unit's own initiative, shall order that an
additional test be performed by the same laboratory or an independent
laboratory. If the party requesting additional testing does not
advance payment, the administrator shall certify the case to the
district court in accordance with paragraph "i" and section
252F.5.
l. When a subsequent paternity test is conducted, the time
frames in this chapter associated with paternity tests shall apply to
the most recently completed test.
m. If the paternity test results exclude the putative father
as a potential biological father of the child or children, and
additional tests are not requested by either party or conducted on
the unit's initiative, or if additional tests exclude the putative
father as a potential biological father, the unit shall withdraw its
action against the putative father and shall file a notice of the
withdrawal with the clerk of the district court, and shall provide a
copy of the notice to each party in person, or by regular mail sent
to each party's last known address, or if applicable, the last known
address of the party's attorney.
n. Except as provided in paragraph "k", the unit shall
advance the costs of genetic testing. If paternity is established
and paternity testing was conducted, the unit shall enter an order
or, if the action proceeded to a court hearing, request that the
court enter a judgment for the costs of the paternity tests
consistent with applicable federal law. In a proceeding under this
chapter, a copy of a bill for genetic testing shall be admitted as
evidence without requiring third-party foundation testimony and shall
constitute prima facie evidence of the amount incurred for genetic
testing.
For transition provisions applicable to existing child support
recovery unit rules, procedures, definitions, and requirements, and
for nullification of 441 IAC rule 98.3, see 2007 Acts, ch 218, §186
