CHAPTER 252F ADMINISTRATIVE ESTABLISHMENT OF PATERNITY
252F.1 DEFINITIONS.
As used in this chapter unless the context otherwise requires:
1. "Administrator" means the administrator of the child support
recovery unit of the department of human services or the
administrator's designee.
2. "Child" means a person who is less than age eighteen or a
person who is age eighteen but less than age nineteen and is engaged
full-time in completing high school graduation or equivalency
requirements in a manner which is reasonably expected to result in
completion of the requirements prior to the person reaching age
nineteen.
3. "Mother" means a mother of the child for whom paternity is
being established.
4. "Paternity is at issue" means any of the following conditions:
a. A child was not born or conceived within marriage.
b. A child was born or conceived within marriage but a court has
declared that the child is not the issue of the marriage.
5. "Paternity test" means and includes any form of blood, tissue,
or genetic testing administered to determine the biological father of
a child.
6. "Putative father" means a person alleged to be the biological
father of a child.
7. "Unit" means the child support recovery unit created in
section 252B.2.
93 Acts, ch 79, §14; 94 Acts, ch 1171, §31; 2006 Acts, ch 1016,
§12
252F.2 JURISDICTION.
In any case in which the unit is providing services pursuant to
chapter 252B and paternity is at issue, proceedings may be initiated
by the unit pursuant to this chapter for the sole purpose of
establishing paternity and any accrued or accruing child support or
medical support obligations. Proceedings under this chapter are in
addition to other means of establishing paternity or support. Issues
in addition to establishment of paternity or support obligations
shall not be addressed in proceedings initiated under this chapter.
An action to establish paternity and support under this chapter
may be brought within the time limitations set forth in section
614.8.
93 Acts, ch 79, §15
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 the putative father 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, the putative
father 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 the putative father to request a conference
with the unit to discuss paternity establishment and the amount of
support that the putative father may be required to pay, 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 the
putative father by the unit.
(2) A statement that if a conference is requested, the putative
father 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 the putative father 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
putative father.
(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 the putative father or sent to the
putative father by regular mail addressed to the putative father's
last known address or, if applicable, to the last known address of
the putative father'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, the putative father 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 the putative father 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 putative father by
the unit.
g. A statement that if a conference is not requested, and the
putative father 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 putative father 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 the putative
father 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 putative father 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 putative father
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 the putative father's right to deny
paternity, the procedures for denying paternity, and the consequences
of the denial.
k. A statement that if the putative father contests paternity,
the putative father 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 the putative father in
person or send a copy to the putative father by regular mail,
addressed to the putative father's last known address, or, if
applicable, to the last known address of the putative father'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. If notice is served on the putative father, 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:
a. 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.
b. 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.
c. 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.
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 putative father 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 the putative father 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 putative
father 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 the putative father does not deny
paternity, the administrator shall enter an order in accordance with
section 252F.4.
6. a. If a party contests the establishment of paternity, the
party shall submit, within twenty days of service of the notice on
the putative father 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 the putative father and mother of the child or children 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 the putative father in person, or by regular mail sent to
the putative father's last known address, or if applicable, the last
known address of the putative father'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.
93 Acts, ch 79, §16; 94 Acts, ch 1171, §32; 96 Acts, ch 1141, § 5,
6; 97 Acts, ch 175, § 77--84; 2005 Acts, ch 69, §17
Referred to in § 234.39, 252F.4, 252F.5, 252F.6
252F.4 ENTRY OF ORDER.
1. If the putative father fails to respond to the initial notice
within twenty days after the date of service of the notice or fails
to appear at a conference pursuant to section 252F.3 on the scheduled
date of the conference, and paternity has not been contested and the
putative father fails to timely request a court hearing on the issue
of support, the administrator shall enter an order against the
putative father, declaring the putative father to be the legal father
of the child or children involved and assessing any accrued and
accruing child support obligation pursuant to the guidelines
established under section 598.21B, and medical support pursuant to
chapter 252E, against the father.
2. If paternity is contested pursuant to section 252F.3,
subsection 6, and the party contesting paternity fails to appear for
a paternity test and fails to request a rescheduling pursuant to
section 252F.3, or fails to appear for both the initial and the
rescheduled paternity tests and the putative father fails to timely
request a court hearing on the issue of support, the administrator
shall enter an order against the putative father declaring the
putative father to be the legal father of the child or children
involved and assessing any accrued and accruing child support
obligation pursuant to the guidelines established under section
598.21B, and medical support pursuant to chapter 252E, against the
father.
3. If the putative father appears at a conference pursuant to
section 252F.3, and paternity is not contested, and the putative
father fails to timely request a court hearing on the issue of
support, the administrator shall enter an order against the putative
father after the second notice has been sent declaring the putative
father to be the legal father of the child or children involved and
assessing any accrued and accruing child support obligation pursuant
to the guidelines established under section 598.21B, and medical
support pursuant to chapter 252E, against the father.
4. If paternity was contested and paternity testing was performed
and the putative father was not excluded, if the test results
indicate that the probability of the putative father's paternity is
ninety-five percent or greater, if the test results are not timely
challenged, and if the putative father fails to timely request a
court hearing on the issue of support, the administrator shall enter
an order against the putative father declaring the putative father to
be the legal father of the child or children involved and assessing
any accrued and accruing child support obligation pursuant to the
guidelines established under section 598.21B, and medical support
pursuant to chapter 252E, against the father.
5. The administrator shall establish a support obligation under
this section based upon the best information available to the unit
and pursuant to section 252B.7A.
6. The order shall contain all of the following:
a. A declaration of paternity.
b. The amount of monthly support to be paid, with direction as to
the manner of payment.
c. The amount of accrued support.
d. The name of the custodial parent or caretaker.
e. The name and birth date of the child or children to whom the
order applies.
f. A statement that property of the father is subject to income
withholding, liens, garnishment, tax offset, and other collection
actions.
g. The medical support required pursuant to chapter 598 and
chapter 252E.
h. A statement that the father is required to inform the child
support recovery unit, on a continuing basis, of the name and address
of the father's current employer, whether the father has access to
health insurance coverage through employment or at reasonable cost
through other sources, and if so, the health insurance policy
information.
i. If paternity was contested, the amount of any judgment
assessed to the father for costs of paternity tests conducted
pursuant to this chapter.
j. Statements as required pursuant to section 598.22B.
7. If paternity is not contested but the putative father does
wish to challenge the issues of child or medical support, the
administrator shall enter an order establishing paternity and
reserving the issues of child or medical support for determination by
the district court.
93 Acts, ch 79, §17; 94 Acts, ch 1171, §33; 97 Acts, ch 175, § 85;
2005 Acts, ch 69, §18
Referred to in § 252F.3
252F.5 CERTIFICATION TO DISTRICT COURT.
1. Actions initiated under this chapter are not subject to
contested case proceedings or further review pursuant to chapter 17A.
2. An action under this chapter may be certified to the district
court if a party timely contests paternity establishment or paternity
test results, or if the putative father requests a court hearing on
the issues of child or medical support, or both, or upon the
initiation of the unit as provided in this chapter. Review by the
district court shall be an original hearing before the court.
3. In any action brought under this chapter, the action shall not
be certified to the district court in a contested paternity action
unless all of the following have occurred:
a. Paternity testing has been completed.
b. The results of the paternity test have been issued to all
parties.
c. A timely written objection to paternity establishment or
paternity test results has been received from a party, or a timely
written request for a court hearing on the issue of support has been
received from the putative father by the unit, or the unit has
requested a court hearing on the unit's own initiative.
4. A matter shall be certified to the district court in the
county in which the notice was filed pursuant to section 252F.3,
subsection 3.
5. The court shall set the matter for hearing and notify the
parties of the time of and place for hearing.
6. If the court determines that the putative father is the legal
father, the court shall establish the amount of the accrued and
accruing child support pursuant to the guidelines established under
section 598.21B, and shall establish medical support pursuant to
chapter 252E.
7. If the putative father or another party contesting paternity
fails to appear at the hearing, upon a showing that proper notice has
been provided to the party, the court shall find the party in default
and enter an appropriate order establishing paternity and support.
93 Acts, ch 79, §18; 94 Acts, ch 1171, §34; 97 Acts, ch 175, § 86;
2005 Acts, ch 69, §19
Referred to in § 252F.3
252F.6 FILING WITH THE DISTRICT COURT.
Following issuance of an order by the administrator, the order
shall be presented to an appropriate district court judge for review
and approval. Unless a defect appears on the face of the order, the
district court shall approve the order. Upon approval by the
district court judge, the order shall be filed in the district court
in the county in which the notice was filed pursuant to section
252F.3, subsection 3. Upon filing, the order has the same force and
effect as a district court order.
93 Acts, ch 79, §19
252F.7 REPORT TO VITAL RECORDS.
Upon the filing of an order with the district court pursuant to
this chapter, the clerk of the district court shall report the
information from the order to the bureau of vital records in the
manner provided in section 600B.36.
93 Acts, ch 79, §20; 2001 Acts, ch 24, §41
252F.8 WAIVER OF TIME LIMITATIONS.
1. A putative father or other party may waive the time
limitations established in this chapter.
2. If a party does not contest paternity or wish to request a
conference or court hearing on the issue of support, upon receipt of
a signed statement from the putative father and any other party that
may contest establishment of paternity, waiving the time limitations,
the administrator shall enter an order establishing paternity and
support and the court may approve the order, notwithstanding the
expiration of the period of the time limitations if paternity is
established.
3. If a putative father or other party waives the time
limitations and an order establishing paternity or determining
support, or both, is entered under this chapter, the signed statement
of the putative father and other party waiving the time limitations
shall be filed with the order.
93 Acts, ch 79, §21; 94 Acts, ch 1171, §35
Referred to in § 252F.3