36-5-802 - Administrative orders for parentage tests.
36-5-802. Administrative orders for parentage tests.
(a) For the purpose of establishing paternity orders of support under the child support program established under Title IV-D of the Social Security Act, the department of human services shall have the authority:
(1) To issue an administrative order by the commissioner, authorized representative of the commissioner or the department's contractor directed to one or more persons to order the genetic testing of the child, the mother and the putative father(s) for the purpose of paternity establishment without the necessity of filing a paternity action;
(2) If the department orders such tests, it shall pay the costs of such tests and may recoup such costs from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established;
(3) The department may obtain additional testing by administrative order in any case in which an original test is contested upon request of and payment of the costs of such tests by the contestant. The party requesting the tests, other than the department, shall make advance payment for such tests.
(4) The department may obtain additional tests at its request and may direct the parties by administrative order to attend and to undergo such tests.
(b) The department may recoup the costs of such tests it obtains at its request from the putative father upon establishment of the putative father's paternity of the child in question or upon establishment of an order of support of the child for whom paternity has been established.
[Acts 1997, ch. 551, § 11; 1998, ch. 1098, § 26.]