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- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 27. Child Support Services Agency
- Section 165. Determination of Paternity in An Administrative Proceeding.
previous: Section 160
. Initiation of Administrative Action to Establish Support Duty; Required Notice.
next: Section 166
. Disestablishment of Paternity.
AS 25.27.165. Determination of Paternity in An Administrative Proceeding.
- (a) Upon application from a mother, custodian, putative father, or legal custodian of a child, or from a state, the agency
may institute administrative proceedings to determine the paternity of a child born out of wedlock.
- (b) In order to initiate a paternity proceeding administratively, the agency shall serve a mother and putative father, as
appropriate, with a notice of paternity and financial responsibility. The notice shall be served personally as set out
in Rule 4(d), Alaska Rules of Civil Procedure, or by registered, certified, or insured mail, return receipt requested,
for restricted delivery only to the person to whom the notice is directed or to the person authorized under federal law
to receive that person's restricted delivery mail. The notice must be accompanied by
- (1) an administrative order requiring that the mother, child, and putative father submit to genetic testing to be arranged
by the agency and stating that a party may provide information to show good cause not to order the testing;
- (2) an administrative order requiring the putative father to provide financial information, as defined by the agency in
regulation, within 30 days after service of the notice; all financial information provided to the agency under an order
under this paragraph shall be held confidential by the agency, according to any applicable regulations; and
- (3) a notice of right to informal conference, to be held within 20 days after receipt of an admission of paternity or
service upon the parties of genetic test results.
- (c) A person served with a notice of paternity and financial responsibility and accompanying orders under (b) of this
section shall file a response, admitting or denying paternity and providing the required financial information, within
30 days after the date of service of the notice of paternity and financial responsibility. If the putative father
admits paternity, the agency shall issue, within 20 days after the admission of paternity, a decision establishing
paternity. If the putative father denies paternity, the putative father shall submit to genetic testing, as provided in
(b) of this section, within 45 days after the date of service of the notice of paternity and financial responsibility.
If the putative father fails to file a response or fails to comply with an accompanying order within the time and in
the manner required in this subsection, the agency may issue a decision by default establishing paternity and financial
responsibility, except that, if the proceeding was instituted at the request of the putative father, the agency shall
dismiss the proceeding without prejudice.
- (d) Upon receipt of genetic test results, the agency shall serve on the putative father notice of the test results and of
the date for the informal conference. Service of the notice shall be made by first class mail. If the genetic test
results are negative under the standard set in AS 25.20.050
(d), the agency shall issue a finding of nonpaternity within 20 days after the agency's receipt of the test results. If
the genetic test results are positive under the standard set in AS 25.20.050(d), the agency shall issue an informal
conference decision within 20 days after the agency's receipt of the test results. Upon request and advance payment by
a party, the agency shall order additional genetic tests. If the second genetic test results contradict the first
genetic test results, the agency shall provide copies of the second genetic test results to the parties and conduct
another informal conference. The agency shall issue the second informal conference decision within 20 days after the
agency's receipt of the second genetic test results.
- (e) If the agency issues a decision establishing paternity under (d) of this section, the putative father is entitled to a
formal hearing if a written request for hearing is served on the agency by certified mail, return receipt requested,
within 30 days after the date of service of the agency's decision.
- (f) If a request for a formal hearing is made under (e) of this section, an execution under AS 25.27.062
and 25.27.230 - 25.27.270 may not be stayed unless the putative father
posts security or a bond in the amount of child support that would have been due under the informal conference decision
pending the decision on the formal hearing. If no request for a formal hearing is made under (e) of this section, the
informal conference decision establishing paternity is final.
- (g) If a request for a formal hearing is made under (e) of this section, the hearing officer shall consider the evidence
applying the standards set in AS 25.20.050
- (h) If a putative father who requests a formal hearing under (e) of this section fails to appear at the formal hearing,
the hearing officer shall enter a final decision establishing paternity.
- (i) The agency may recover any costs it pays for genetic tests required by this section from the putative father unless
the testing establishes that the individual is not the father, except that costs may not be recovered from a person who
is a recipient of cash assistance or self-sufficiency services under AS 47.27 (Alaska temporary assistance program). For purposes of this
subsection, a person who receives a diversion payment and self-sufficiency services under AS 47.27.026
is not considered to be a recipient of cash assistance or self-sufficiency services under AS 47.27.
- (j) A decision establishing paternity or an admission of paternity under this section must include the social security
numbers, if ascertainable, of the father, mother, and the child.
- (k) Notwithstanding any other provision of this section, if the agency determines, after considering the best interests of
the child, that good cause exists not to order genetic testing under this section, it shall, without ordering the
genetic testing and as the agency determines appropriate in the best interests of the child,
- (1) end the administrative proceedings under this section without making a determination of paternity; or
- (2) after a hearing provided for under regulations adopted by the agency, enter a final decision regarding paternity.
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