Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,145.Genetic tests.(a) This section shall not apply if an action to establish thefather's duty of support on behalf of the child is pending before any tribunal. As used in this section, "mother" means the natural mother of the child whoseparentage is in issue.
(b) Except as otherwise provided in subsection (d), genetic tests may beordered by the secretary if the alleged father consents and the necessarypersons are available for testing. Except asotherwise provided in subsection (e), the secretary shall pay the costs ofgenetic tests, subject to recoupment from the father if paternity isestablished. For purposes of thissection, a person receiving title IV-D services is not available for testing ifa claim for good cause not to cooperate under title IV-D is pending or has beendetermined in the person's favor or if the person ceases to receive title IV-Dservices for any reason.
(c) A copy of the order for genetic tests shall be served upon personsrequired to comply with the orderonly by personal service or registered mail, return receipt requested. Theorder shall specify the time and placethe person is required to appear for testing, which shall be at least ten daysafter the date the order is entered.
(d) If a presumption of paternity arises pursuant to subsection (a) ofK.S.A. 38-1114 and amendments thereto because the mother married or attemptedto marry any man, the secretary shall not order genetic testing unless a courtof this state or an appropriate tribunal in another state has found thatdetermining the child's biological father is in the child's best interests. Ifa tribunal subsequently determines that the prohibition of this subsectionapplied at the time genetic tests were ordered by the secretary, any supportorder based in whole or in part upon the genetic tests may be set aside only asprovided in K.S.A. 60-260 and amendments thereto.
(e) Upon receiving the results of genetic testing, the secretary shallpromptly send a copy of the results to the parties, together with notice of thetime limits for requesting any additional genetic tests or for challenging theresults pursuant to K.S.A. 38-1118 and amendments thereto, how to make suchrequest or challenge, and any associated costs. The notice shall state theconsequences pursuant to K.S.A. 38-1118 and amendments thereto of failing toact within the time allowed by the statute. Any additional genetic tests shallbe at the expense of the person making the request for additional genetictests. Failure of the person requesting additional tests to make advancepayment as required by the secretary shall be deemed withdrawal of the request.
(f) Any person required to comply with an order issued pursuant to thissection may request: (1) An administrative hearing pursuant to K.S.A. 75-3306,and amendments thereto, by complying with procedures established by thesecretary within ten days after entry of the order; or (2) a de novo courtreview pursuant to K.S.A. 39-7,139, and amendments thereto. If theorder is servedon the person by mail, the time for requesting review shall be extended bythree days. An order issued pursuant to this section shall be subject todefenses that would apply if the order had been issued by a court of thisstate. If the request for review is made within the time allowed, the effectof the order shall be stayed with respect to the person requesting reviewpending resolution of the review.
(g) An order issued pursuant to this section whose effect has not beenstayed may be enforced pursuant to the civil enforcement provisions of the actfor judicial review and civil enforcement of agency actions, K.S.A. 77-601,et seq., and amendments thereto, after the time for compliance withtheorder has expired.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,145.Genetic tests.(a) This section shall not apply if an action to establish thefather's duty of support on behalf of the child is pending before any tribunal. As used in this section, "mother" means the natural mother of the child whoseparentage is in issue.
(b) Except as otherwise provided in subsection (d), genetic tests may beordered by the secretary if the alleged father consents and the necessarypersons are available for testing. Except asotherwise provided in subsection (e), the secretary shall pay the costs ofgenetic tests, subject to recoupment from the father if paternity isestablished. For purposes of thissection, a person receiving title IV-D services is not available for testing ifa claim for good cause not to cooperate under title IV-D is pending or has beendetermined in the person's favor or if the person ceases to receive title IV-Dservices for any reason.
(c) A copy of the order for genetic tests shall be served upon personsrequired to comply with the orderonly by personal service or registered mail, return receipt requested. Theorder shall specify the time and placethe person is required to appear for testing, which shall be at least ten daysafter the date the order is entered.
(d) If a presumption of paternity arises pursuant to subsection (a) ofK.S.A. 38-1114 and amendments thereto because the mother married or attemptedto marry any man, the secretary shall not order genetic testing unless a courtof this state or an appropriate tribunal in another state has found thatdetermining the child's biological father is in the child's best interests. Ifa tribunal subsequently determines that the prohibition of this subsectionapplied at the time genetic tests were ordered by the secretary, any supportorder based in whole or in part upon the genetic tests may be set aside only asprovided in K.S.A. 60-260 and amendments thereto.
(e) Upon receiving the results of genetic testing, the secretary shallpromptly send a copy of the results to the parties, together with notice of thetime limits for requesting any additional genetic tests or for challenging theresults pursuant to K.S.A. 38-1118 and amendments thereto, how to make suchrequest or challenge, and any associated costs. The notice shall state theconsequences pursuant to K.S.A. 38-1118 and amendments thereto of failing toact within the time allowed by the statute. Any additional genetic tests shallbe at the expense of the person making the request for additional genetictests. Failure of the person requesting additional tests to make advancepayment as required by the secretary shall be deemed withdrawal of the request.
(f) Any person required to comply with an order issued pursuant to thissection may request: (1) An administrative hearing pursuant to K.S.A. 75-3306,and amendments thereto, by complying with procedures established by thesecretary within ten days after entry of the order; or (2) a de novo courtreview pursuant to K.S.A. 39-7,139, and amendments thereto. If theorder is servedon the person by mail, the time for requesting review shall be extended bythree days. An order issued pursuant to this section shall be subject todefenses that would apply if the order had been issued by a court of thisstate. If the request for review is made within the time allowed, the effectof the order shall be stayed with respect to the person requesting reviewpending resolution of the review.
(g) An order issued pursuant to this section whose effect has not beenstayed may be enforced pursuant to the civil enforcement provisions of the actfor judicial review and civil enforcement of agency actions, K.S.A. 77-601,et seq., and amendments thereto, after the time for compliance withtheorder has expired.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,145.Genetic tests.(a) This section shall not apply if an action to establish thefather's duty of support on behalf of the child is pending before any tribunal. As used in this section, "mother" means the natural mother of the child whoseparentage is in issue.
(b) Except as otherwise provided in subsection (d), genetic tests may beordered by the secretary if the alleged father consents and the necessarypersons are available for testing. Except asotherwise provided in subsection (e), the secretary shall pay the costs ofgenetic tests, subject to recoupment from the father if paternity isestablished. For purposes of thissection, a person receiving title IV-D services is not available for testing ifa claim for good cause not to cooperate under title IV-D is pending or has beendetermined in the person's favor or if the person ceases to receive title IV-Dservices for any reason.
(c) A copy of the order for genetic tests shall be served upon personsrequired to comply with the orderonly by personal service or registered mail, return receipt requested. Theorder shall specify the time and placethe person is required to appear for testing, which shall be at least ten daysafter the date the order is entered.
(d) If a presumption of paternity arises pursuant to subsection (a) ofK.S.A. 38-1114 and amendments thereto because the mother married or attemptedto marry any man, the secretary shall not order genetic testing unless a courtof this state or an appropriate tribunal in another state has found thatdetermining the child's biological father is in the child's best interests. Ifa tribunal subsequently determines that the prohibition of this subsectionapplied at the time genetic tests were ordered by the secretary, any supportorder based in whole or in part upon the genetic tests may be set aside only asprovided in K.S.A. 60-260 and amendments thereto.
(e) Upon receiving the results of genetic testing, the secretary shallpromptly send a copy of the results to the parties, together with notice of thetime limits for requesting any additional genetic tests or for challenging theresults pursuant to K.S.A. 38-1118 and amendments thereto, how to make suchrequest or challenge, and any associated costs. The notice shall state theconsequences pursuant to K.S.A. 38-1118 and amendments thereto of failing toact within the time allowed by the statute. Any additional genetic tests shallbe at the expense of the person making the request for additional genetictests. Failure of the person requesting additional tests to make advancepayment as required by the secretary shall be deemed withdrawal of the request.
(f) Any person required to comply with an order issued pursuant to thissection may request: (1) An administrative hearing pursuant to K.S.A. 75-3306,and amendments thereto, by complying with procedures established by thesecretary within ten days after entry of the order; or (2) a de novo courtreview pursuant to K.S.A. 39-7,139, and amendments thereto. If theorder is servedon the person by mail, the time for requesting review shall be extended bythree days. An order issued pursuant to this section shall be subject todefenses that would apply if the order had been issued by a court of thisstate. If the request for review is made within the time allowed, the effectof the order shall be stayed with respect to the person requesting reviewpending resolution of the review.
(g) An order issued pursuant to this section whose effect has not beenstayed may be enforced pursuant to the civil enforcement provisions of the actfor judicial review and civil enforcement of agency actions, K.S.A. 77-601,et seq., and amendments thereto, after the time for compliance withtheorder has expired.
