Sec. 46b-168a. Genetic tests in IV-D support cases when paternity is at issue. Assessment of costs. Regulations.
Sec. 46b-168a. Genetic tests in IV-D support cases when paternity is at issue.
Assessment of costs. Regulations. (a) In any IV-D support case, as defined in subdivision (13) of subsection (b) of section 46b-231, in which the paternity of a child is at
issue, or in any case in which a support enforcement agency is providing services to a
petitioner in a proceeding under sections 46b-212 to 46b-213v, inclusive, in which the
paternity of a child is at issue, the IV-D agency or the support enforcement agency shall
require the child and all other parties other than individuals who have good cause for
refusing to cooperate or who are subject to other exceptions to submit to genetic tests
which shall mean deoxyribonucleic acid tests, to be performed by a hospital, accredited
laboratory, qualified physician or other qualified person designated by such agency, to
determine whether or not the putative father or husband is the father of the child, upon
the request of any such party, provided such request is supported by a sworn statement by
the party which either (1) alleges paternity and sets forth facts establishing a reasonable
possibility of the requisite sexual contact between the parties, or (2) denies paternity
and sets forth facts establishing a reasonable possibility of the nonexistence of sexual
contact between the parties.
(b) The costs of making the tests provided by this section shall be paid by the state,
except that if the putative father is the requesting party and he subsequently acknowledges paternity or is adjudicated to be the father of the child, he shall be liable to the
state for the amount of such costs unless he is found to be (1) a low-income obligor, as
defined in the child support guidelines established pursuant to section 46b-215a, or (2)
otherwise indigent and unable to pay such costs. Any court or family support magistrate
may order a father who is found liable for genetic testing costs under this subsection to
reimburse the state for the amount of such costs. The contesting party shall make advance
payment for any additional testing required in the event of a contest of the original test
results.
(c) The Commissioner of Social Services shall adopt regulations, in accordance
with the provisions of chapter 54, to establish criteria for determining (1) good cause
or other exceptions for refusing to cooperate under subsection (a) of this section, which
shall include, but not be limited to, domestic violence, sexual abuse and lack of information and shall take into account the best interests of the child, and (2) the sufficiency of
the facts establishing a reasonable possibility of the existence or nonexistence of the
requisite sexual contact between the parties, as required under subsection (a) of this
section.
(June 18 Sp. Sess. P.A. 97-7, S. 21, 38; P.A. 03-89, S. 4; P.A. 06-149, S. 11.)
History: June 18 Sp. Sess. P.A. 97-7 effective July 1, 1997; P.A. 03-89 amended Subsec. (a) by expanding genetic
testing requirements to proceedings under Secs. 46b-212 to 46b-213v, inclusive, in which "support enforcement agency
is providing services to a petitioner" and amended Subsec. (b) by adding provision re authority of court or family support
magistrate to order adjudicated father to pay costs of genetic testing; P.A. 06-149 amended Subsec. (b) to substitute "except
that" for "provided", add "subsequently acknowledges paternity" re liability to the state for costs of tests, replace reference
to ability to pay in accordance with regulations with exemption from payment of costs if father found to be a low-income
obligor or otherwise indigent and unable to pay costs, and rewrite provisions re reimbursement to the state, and deleted
former Subsec. (c)(3) re regulations for payment of costs, effective June 6, 2006.