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Genetic Testing – No Open Case, and Who Pays?

When a district court orders a person to our office for genetic testing and we do NOT have an open case, what is our process? What do we charge the person and how do we collect the payment? Is this within our allowable IV-D activities?

These questions have legal answers that are presented in this article.

District Court ordered genetic testing

According to 340:25-5-176. Establishment of parentage, the Genetic Testing section on costs (h, 3) and services (i, 1), and (i,3):

(h)(3) When a court orders CSS to provide genetic testing and CSS does not have a case open for services, CSS requires a party to complete an application for services.

and

(i) (1) When parentage has not been established, CSS performs genetic testing when appropriate before establishing parentage and child support orders.  CSS only performs genetic testing in open, full-service cases.

(i) (3) CSS does not provide genetic testing only services.

What this means is that a child support case must be open before genetic testing can be either scheduled or a sample collected. As clearly stated in 340:25-5-176 (i)(3), only in open, full-service cases will Child Support Services perform genetic testing.

Regarding costs for genetic testing and how they are collected

Is found in 350-5-25-76 (h) (1) and (2) –

(h) (1) CSS advances the costs for genetic testing and recovers the genetic test costs from the noncustodial parent or as ordered by the court.

(h) (2) When CSS genetic test results are contested, CSS requests payment in advance of a second genetic test by the requesting party.

This means the individual identified as the father in the genetic testing results is responsible for paying costs. When CSS genetic test results are contested CSS requests payment on a second genetic test by the requesting party.

For more information on who pays for genetic testing see the CS Quest article Genetic Testing Basic Information.

What is allowable under IV-D activities

According to 45 CFR § 303.5 – Establishment of paternity, section (e) (3),

If paternity is established and genetic tests were ordered by the IV-D agency, the IV-D agency must pay the costs of such tests, subject to recoupment (if the agency elects) from the alleged father who denied paternity. If a party contests the results of an original test, the IV-D agency shall obtain additional tests but shall require the contestant to pay for the costs of any such additional testing in advance.

So, yes, it is within the allowable activities for CSS to recoup the costs of genetic tests from the genetically identified father.

If you would like to know what the current fees are for genetic tests arranged through CSS, see the CS Quest article Genetic Testing Fees 2007 to Present.

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