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USCODE 2010 Title42 Chap7 SubchapIV PartD Sec666

USCODE 2010 Title42 Chap7 SubchapIV PartD Sec666

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TITLE 42 PART D 666
TITLE 42 PART D 666

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Page 1904TITLE 42—THE PUBLIC HEALTH AND WELFARE
§666
of paragraph (1) is given to the affected memberin any case where it has not been possible, de-spite continuing good faith efforts, to arrangesuch a consultation.
(b) ‘‘Authorized person’’ defined
For purposes of this section the term ‘‘author-ized person’’ with respect to any member of theuniformed services means—(1) any agent or attorney of a State havingin effect a plan approved under this part whohas the duty or authority under such plan toseek to recover any amounts owed by suchmember as child or child and spousal support(including, when authorized under the Stateplan, any official of a political subdivision);and(2) the court which has authority to issue anorder against such member for the support andmaintenance of a child, or any agent of suchcourt.
(c) Regulations
The Secretary of Defense, in the case of theArmy, Navy, Air Force, and Marine Corps, andthe Secretary concerned (as defined in section101(5) of title 37) in the case of each of the otheruniformed services, shall each issue regulationsapplicable to allotments to be made under thissection, designating the officials to whom noticeof failure to make support payments, or noticeto discontinue or adjust an allotment, should begiven, prescribing the form and content of thenotice and specifying any other rules necessaryfor such Secretary to implement this section.(Aug. 14, 1935, ch. 531, title IV, §465, as addedPub. L. 97–248, title I, §172(a), Sept. 3, 1982, 96Stat. 401; amended Pub. L. 109–241, title II,§218(b)(2), July 11, 2006, 120 Stat. 526.)
R
EFERENCES IN
T
EXT
 Section 801(11) of title 10, referred to in subsec. (a)(2),was repealed by Pub. L. 109–241, title II, §218(a)(1), July11, 2006, 120 Stat. 526. However, ‘‘judge advocate’’ is de-fined elsewhere in that section.A
MENDMENTS
 2006—Subsec. (a)(2). Pub. L. 109–241 substituted ‘‘judgeadvocate’’ for ‘‘law specialist’’.E
FFECTIVE
D
ATE
 Section 172(b) of Pub. L. 97–248 provided that: ‘‘Theamendment made by subsection (a) [enacting this sec-tion] shall become effective on October 1, 1982.’’T
RANSFER OF
F
UNCTIONS
 For transfer of authorities, functions, personnel, andassets of the Coast Guard, including the authoritiesand functions of the Secretary of Transportation relat-ing thereto, to the Department of Homeland Security,and for treatment of related references, see sections468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-rity, and the Department of Homeland Security Reor-ganization Plan of November 25, 2002, as modified, setout as a note under section 542 of Title 6.
§666. Requirement of statutorily prescribed pro-cedures to improve effectiveness of childsupport enforcement(a) Types of procedures required
In order to satisfy section 654(20)(A) of thistitle, each State must have in effect laws requir-ing the use of the following procedures, consist-ent with this section and with regulations of theSecretary, to increase the effectiveness of theprogram which the State administers under thispart:(1)(A) Procedures described in subsection (b)of this section for the withholding from in-come of amounts payable as support in casessubject to enforcement under the State plan.(B) Procedures under which the income of aperson with a support obligation imposed by asupport order issued (or modified) in the Statebefore January 1, 1994, if not otherwise subjectto withholding under subsection (b) of thissection, shall become subject to withholdingas provided in subsection (b) of this section if arrearages occur, without the need for a judi-cial or administrative hearing.(2) Expedited administrative and judicialprocedures (including the procedures specifiedin subsection (c) of this section) for establish-ing paternity and for establishing, modifying,and enforcing support obligations. The Sec-retary may waive the provisions of this para-graph with respect to one or more politicalsubdivisions within the State on the basis of the effectiveness and timeliness of supportorder issuance and enforcement or paternityestablishment within the political subdivision(in accordance with the general rule for ex-emptions under subsection (d) of this section).(3) Procedures under which the State childsupport enforcement agency shall request, andthe State shall provide, that for the purpose of enforcing a support order under any State planapproved under this part—(A) any refund of State income tax whichwould otherwise be payable to a noncusto-dial parent will be reduced, after notice hasbeen sent to that noncustodial parent of theproposed reduction and the procedures to befollowed to contest it (and after full compli-ance with all procedural due process require-ments of the State), by the amount of anyoverdue support owed by such noncustodialparent;(B) the amount by which such refund is re-duced shall be distributed in accordancewith section 657 of this title in the case of overdue support assigned to a State pursu-ant to section 608(a)(3) or 671(a)(17) of thistitle, or, in any other case, shall be distrib-uted, after deduction of any fees imposed bythe State to cover the costs of collection, tothe child or parent to whom such support isowed; and(C) notice of the noncustodial parent’s so-cial security account number (or numbers, if he has more than one such number) andhome address shall be furnished to the Stateagency requesting the refund offset, and tothe State agency enforcing the order.(4) L
IENS
.—Procedures under which—(A) liens arise by operation of law againstreal and personal property for amounts of overdue support owed by a noncustodial par-ent who resides or owns property in theState; and(B) the State accords full faith and creditto liens described in subparagraph (A) aris-ing in another State, when the State agency,party, or other entity seeking to enforce
 
Page 1905 TITLE 42—THE PUBLIC HEALTH AND WELFARE
§666
such a lien complies with the proceduralrules relating to recording or serving liensthat arise within the State, except that suchrules may not require judicial notice orhearing prior to the enforcement of such alien.(5) P
ROCEDURES CONCERNING PATERNITY ES
-
TABLISHMENT
.—(A) E
STABLISHMENT PROCESS AVAILABLE
 
FROM BIRTH UNTIL AGE 18
.—(i) Procedures which permit the estab-lishment of the paternity of a child at anytime before the child attains 18 years of age.(ii) As of August 16, 1984, clause (i) shallalso apply to a child for whom paternityhas not been established or for whom a pa-ternity action was brought but dismissedbecause a statute of limitations of lessthan 18 years was then in effect in theState.(B) P
ROCEDURES CONCERNING GENETIC TEST
-
ING
.—(i) G
ENETIC TESTING REQUIRED IN CERTAIN
 
CONTESTED CASES
.—Procedures underwhich the State is required, in a contestedpaternity case (unless otherwise barred byState law) to require the child and allother parties (other than individuals foundunder section 654(29) of this title to havegood cause and other exceptions for refus-ing to cooperate) to submit to genetictests upon the request of any such party, if the request is supported by a sworn state-ment by the party—(I) alleging paternity, and setting forthfacts establishing a reasonable possibil-ity of the requisite sexual contact be-tween the parties; or(II) denying paternity, and settingforth facts establishing a reasonable pos-sibility of the nonexistence of sexualcontact between the parties.(ii) O
THER REQUIREMENTS
.—Procedureswhich require the State agency, in anycase in which the agency orders genetictesting—(I) to pay costs of such tests, subject torecoupment (if the State so elects) fromthe alleged father if paternity is estab-lished; and(II) to obtain additional testing in anycase if an original test result is con-tested, upon request and advance pay-ment by the contestant.(C) V
OLUNTARY PATERNITY ACKNOWLEDG
-
MENT
.—(i) S
IMPLE CIVIL PROCESS
.—Procedures fora simple civil process for voluntarily ac-knowledging paternity under which theState must provide that, before a motherand a putative father can sign an acknowl-edgment of paternity, the mother and theputative father must be given notice, oral-ly, or through the use of video or audioequipment, and in writing, of the alter-natives to, the legal consequences of, andthe rights (including, if 1 parent is aminor, any rights afforded due to minoritystatus) and responsibilities that arisefrom, signing the acknowledgment.(ii) H
OSPITAL
-
BASED PROGRAM
.—Suchprocedures must include a hospital-basedprogram for the voluntary acknowledg-ment of paternity focusing on the periodimmediately before or after the birth of achild.(iii) P
ATERNITY ESTABLISHMENT SERV
-
ICES
.—(I) S
TATE
-
OFFERED SERVICES
.—Suchprocedures must require the State agen-cy responsible for maintaining birthrecords to offer voluntary paternity es-tablishment services.(II) R
EGULATIONS
.—(aa) S
ERVICES OFFERED BY HOSPITALS
 
AND BIRTH RECORD AGENCIES
.—The Sec-retary shall prescribe regulations gov-erning voluntary paternity establish-ment services offered by hospitals andbirth record agencies.(bb) S
ERVICES OFFERED BY OTHER EN
-
TITIES
.—The Secretary shall prescriberegulations specifying the types of other entities that may offer voluntarypaternity establishment services, andgoverning the provision of such serv-ices, which shall include a requirementthat such an entity must use the samenotice provisions used by, use the samematerials used by, provide the person-nel providing such services with thesame training provided by, and evalu-ate the provision of such services inthe same manner as the provision of such services is evaluated by, vol-untary paternity establishment pro-grams of hospitals and birth recordagencies.(iv) U
SE OF PATERNITY ACKNOWLEDGMENT
 
AFFIDAVIT
.—Such procedures must requirethe State to develop and use an affidavitfor the voluntary acknowledgment of pa-ternity which includes the minimum re-quirements of the affidavit specified by theSecretary under section 652(a)(7) of thistitle for the voluntary acknowledgment of paternity, and to give full faith and creditto such an affidavit signed in any otherState according to its procedures.(D) S
TATUS OF SIGNED PATERNITY ACKNOWL
-
EDGMENT
.—(i) I
NCLUSION IN BIRTH RECORDS
.—Proce-dures under which the name of the fathershall be included on the record of birth of the child of unmarried parents only if—(I) the father and mother have signed avoluntary acknowledgment of paternity;or(II) a court or an administrative agen-cy of competent jurisdiction has issuedan adjudication of paternity.Nothing in this clause shall preclude aState agency from obtaining an admissionof paternity from the father for submis-sion in a judicial or administrative pro-ceeding, or prohibit the issuance of anorder in a judicial or administrative pro-ceeding which bases a legal finding of pa-
 
Page 1906TITLE 42—THE PUBLIC HEALTH AND WELFARE
§666
ternity on an admission of paternity bythe father and any other additional show-ing required by State law.(ii) L
EGAL FINDING OF PATERNITY
.—Proce-dures under which a signed voluntary ac-knowledgment of paternity is considered alegal finding of paternity, subject to theright of any signatory to rescind the ac-knowledgment within the earlier of—(I) 60 days; or(II) the date of an administrative or ju-dicial proceeding relating to the child(including a proceeding to establish asupport order) in which the signatory isa party.(iii) C
ONTEST
.—Procedures under which,after the 60-day period referred to inclause (ii), a signed voluntary acknowledg-ment of paternity may be challenged incourt only on the basis of fraud, duress, ormaterial mistake of fact, with the burdenof proof upon the challenger, and underwhich the legal responsibilities (includingchild support obligations) of any signatoryarising from the acknowledgment may notbe suspended during the challenge, exceptfor good cause shown.(E) B
AR ON ACKNOWLEDGMENT RATIFICATION
 
PROCEEDINGS
.—Procedures under which judi-cial or administrative proceedings are notrequired or permitted to ratify an unchal-lenged acknowledgment of paternity.(F) A
DMISSIBILITY OF GENETIC TESTING RE
-
SULTS
.—Procedures—(i) requiring the admission into evidence,for purposes of establishing paternity, of the results of any genetic test that is—(I) of a type generally acknowledged asreliable by accreditation bodies des-ignated by the Secretary; and(II) performed by a laboratory ap-proved by such an accreditation body;(ii) requiring an objection to genetictesting results to be made in writing notlater than a specified number of days be-fore any hearing at which the results maybe introduced into evidence (or, at Stateoption, not later than a specified numberof days after receipt of the results); and(iii) making the test results admissibleas evidence of paternity without the needfor foundation testimony or other proof of authenticity or accuracy, unless objectionis made.(G) P
RESUMPTION OF PATERNITY IN CERTAIN
 
CASES
.—Procedures which create a rebutta-ble or, at the option of the State, conclusivepresumption of paternity upon genetic test-ing results indicating a threshold prob-ability that the alleged father is the fatherof the child.(H) D
EFAULT ORDERS
.—Procedures requir-ing a default order to be entered in a pater-nity case upon a showing of service of proc-ess on the defendant and any additionalshowing required by State law.(I) N
O RIGHT TO JURY TRIAL
.—Proceduresproviding that the parties to an action to es-tablish paternity are not entitled to a trialby jury.(J) T
EMPORARY SUPPORT ORDER BASED ON
 
PROBABLE PATERNITY IN CONTESTED CASES
.—Procedures which require that a temporaryorder be issued, upon motion by a party, re-quiring the provision of child support pend-ing an administrative or judicial determina-tion of parentage, if there is clear and con-vincing evidence of paternity (on the basis of genetic tests or other evidence).(K) P
ROOF OF CERTAIN SUPPORT AND PATER
-
NITY ESTABLISHMENT COSTS
.—Proceduresunder which bills for pregnancy, childbirth,and genetic testing are admissible as evi-dence without requiring third-party founda-tion testimony, and shall constitute primafacie evidence of amounts incurred for suchservices or for testing on behalf of the child.(L) S
TANDING OF PUTATIVE FATHERS
.—Pro-cedures ensuring that the putative fatherhas a reasonable opportunity to initiate apaternity action.(M) F
ILING OF ACKNOWLEDGMENTS AND AD
-
JUDICATIONS IN STATE REGISTRY OF BIRTH
 
RECORDS
.—Procedures under which vol-untary acknowledgments and adjudicationsof paternity by judicial or administrativeprocesses are filed with the State registry of birth records for comparison with informa-tion in the State case registry.(6) Procedures which require that a non-custodial parent give security, post a bond, orgive some other guarantee to secure paymentof overdue support, after notice has been sentto such noncustodial parent of the proposedaction and of the procedures to be followed tocontest it (and after full compliance with allprocedural due process requirements of theState).(7) R
EPORTING ARREARAGES TO CREDIT BU
-
REAUS
.—(A) I
N GENERAL
.—Procedures (subject tosafeguards pursuant to subparagraph (B)) re-quiring the State to report periodically toconsumer reporting agencies (as defined insection 1681a(f) of title 15) the name of anynoncustodial parent who is delinquent in thepayment of support, and the amount of over-due support owed by such parent.(B) S
AFEGUARDS
.—Procedures ensuringthat, in carrying out subparagraph (A), in-formation with respect to a noncustodialparent is reported—(i) only after such parent has been af-forded all due process required under Statelaw, including notice and a reasonable op-portunity to contest the accuracy of suchinformation; and(ii) only to an entity that has furnishedevidence satisfactory to the State that theentity is a consumer reporting agency (asso defined).(8)(A) Procedures under which all child sup-port orders not described in subparagraph (B)will include provision for withholding from in-come, in order to assure that withholding as ameans of collecting child support is availableif arrearages occur without the necessity of filing application for services under this part.(B) Procedures under which all child supportorders which are initially issued in the State

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