A strange case recently came across my desk. Several years ago, CSS attempted to establish paternity of a child, but dismissed the case when the genetic test came back negative. Now, the CP has applied to reopen her case… against the same man. As it turns out, the man who was excluded by genetic testing later signed an Acknowledgment of Paternity (AOP) for the same child. Do we open this case or not? And then what?
That does sound like a strange case! First of all, CSS should open this case per 45 CFR 302.33(a)(i) and OAC 340:25-5-110.1(d). As long as the application has been submitted properly and a minor child or disabled adult needs our services, we should open the case.
As for how to proceed, you should discuss this with your managing attorney. Based on the facts you’ve provided – the negative genetic test was first, and the AOP was completed later – it sounds like the parties knowingly lied on the affidavit. Because the AOP requires parties to declare under penalty of perjury that information provided is true, a false statement constitutes perjury per 12 O.S. §§ 426 and 923.
For our purposes, the real question is whether CSS can establish child support, relying on an affidavit we know to be false. Bring the conflicting genetic test results and AOP to your attorney’s attention so he or she can decide whether to proceed based on the facts of the case. If CSS cannot proceed, then close the case per 45 CFR 303.11 and OAC 340:25-5-123 if appropriate.