Appendix 13.C – Directive for Genetic Testing Requests

Purpose:

The following is a directive from Dan Wilde, the Department of Family Services Deputy Director, dated July 2, 2008.

DIRECTIVE FOR CASES IN WHICH:

DFS would like Genetic Testing for Paternity and Child Support Enforcement has a legal father in the case

Scenario #1 – Termination of Parental Rights:  

DFS wants a genetic test to make sure all possible dads are given notice of a Termination of Parental Rights.

• Request goes to the Attorney General's Office. The Attorney General's Office handles Termination of Parental Rights cases, and they will know if the genetic test is necessary for proper notice.
• Contact the attorney for DFS at the Attorney General’s office. That attorney will make the determination of whether or not to move forward with the genetic test. This is a legal determination. If the Attorney General’s Office agrees that a genetic test should be done, the Attorney General’s office will contact CSED and have the testing scheduled.

Scenario #2 – Placement of a Child with a Family Member:

• Request goes to the DFS state office. It is usually not necessary to have a genetic test for family placement. That is a DFS State Office determination.
• Contact the Protective Services Division (PSD) State Office. If PSD determines a genetic test is necessary for placement, PSD will contact CSED and have the testing scheduled.

Scenario #3 – Client says the legal father is NOT the real father:

• Advise the DFS client that they need private legal counsel. A genetic test does not disestablish legal paternity. This is a private legal issue.
• Child Support Enforcement cannot disestablish legal paternity.

Please contact any of the following persons if you have questions or wish further clarification:

Senior Assistant Attorney General for DFS, 777-6142;

Child Support Enforcement Director, 777-6068.