CSS policy 340:25-1-1.2(b) (1) offers our customers the limited service of having a paternity establishment only case when the alleged NCP is deceased. CSS will not otherwise offer paternity establishment only services. This service requires an application for services; a TANF, Foster Care or Medicaid referral; or an intergovernmental referral from a requesting agency. A TANF, Foster Care or Medicaid referral should not be received if IV-A has updated the F48 deprivation field as 0 = DEATH. See Limited Services: Deceased NCPs and Case Building to learn how limited service cases are built.
After receiving notice and obtaining confirmation that an alleged NCP is deceased, CSS will assist in paternity establishment for children with a deceased, alleged NCP by offering access to genetic testing. This can be accomplished in a few different ways.
Previous Sample
If the deceased alleged NCP has previously submitted to genetic testing and that DNA sample is on file with LabCorp, we may request the reuse of that sample. Please note, LabCorp only keeps samples for seven years before they are destroyed.
Family Studies
When a previous sample for the deceased alleged NCP is not available, parentage can be established through the Family Study process as provided by provision in the Uniform Parentage Act, 10 O.S. § 7700-501- 10 O.S. § 7700-511. This allows for a member of the decedent’s family to voluntarily submit to genetic testing. If a family member of the decedent is unavailable or unwilling to volunteer for a family study, CSS will not proceed, and the case will be closed. See Limited Services: Deceased NCPs and Family Studies for more information about family studies.
Writ of Assistance
If CSS is notified that the Medical Examiner’s (ME) office is holding the deceased alleged NCP’s biological material, the State’s attorney can submit an Application for Writ of Assistance to the ME’s office requesting the biological material be released to LabCorp. The instructions and necessary documents for this process can be obtained from your State’s attorney.
The cost of genetic test will be incurred by CSS per 10 O.S. § 7700-506.
Once genetic testing has been completed by LabCorp, the office must upload the results to OnBase and mail a copy of the results to the CP. If a family study was completed, the decedent’s relatives are not given a copy of the test results as they are not participants of the CSS case. A paternity order will not be obtained unless the case was open and in process prior to the death of the alleged NCP. If NCP’s death occurs while case is open, staff with your attorney to determine next appropriate step. Per 340:25-5-177 ITS 11 CSS does not force probate. The CP may submit the genetic test results to the Social Security Administration in order to apply for death benefits the child may be eligible to receive from the deceased.