74.20.360 - Orders for genetic testing.

Orders for genetic testing.

(1) The division of child support may issue an order for genetic testing when providing services under this chapter and Title IV-D of the federal social security act if genetic testing:

     (a) Is appropriate in an action under chapter 26.26 RCW, the uniform parentage act;

     (b) Is appropriate in an action to establish support under RCW 74.20A.056; or

     (c) Would assist the parties or the division of child support in determining whether it is appropriate to proceed with an action to establish or disestablish paternity.

     (2) The order for genetic testing shall be served on the alleged parent or parents and the legal parent by personal service or by any form of mail requiring a return receipt.

     (3) Within twenty days of the date of service of an order for genetic testing, any party required to appear for genetic testing, the child, or a guardian on the child's behalf, may petition in superior court under chapter 26.26 RCW to bar or postpone genetic testing.

     (4) The order for genetic testing shall contain:

     (a) An explanation of the right to proceed in superior court under subsection (3) of this section;

     (b) Notice that if no one proceeds under subsection (3) of this section, the agency issuing the order will schedule genetic testing and will notify the parties of the time and place of testing by regular mail;

     (c) Notice that the parties must keep the agency issuing the order for genetic testing informed of their residence address and that mailing a notice of time and place for genetic testing to the last known address of the parties by regular mail constitutes valid service of the notice of time and place;

     (d) Notice that the order for genetic testing may be enforced through:

     (i) Public assistance grant reduction for noncooperation, pursuant to agency rule, if the child and custodian are receiving public assistance;

     (ii) Termination of support enforcement services under Title IV-D of the federal social security act if the child and custodian are not receiving public assistance;

     (iii) A referral to superior court for an appropriate action under chapter 26.26 RCW; or

     (iv) A referral to superior court for remedial sanctions under RCW 7.21.060.

     (5) The department may advance the costs of genetic testing under this section.

     (6) If an action is pending under chapter 26.26 RCW, a judgment for reimbursement of the cost of genetic testing may be awarded under RCW 26.26.570.

     (7) If no action is pending in superior court, the department may impose an obligation to reimburse costs of genetic testing according to rules adopted by the department to implement RCW 74.20A.056.

[2002 c 302 § 706; 1997 c 58 § 901.]

Notes: Application -- Construction -- Short title -- Severability -- 2002 c 302: See RCW 26.26.903, 26.26.911, and 26.26.912.

Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.