House Amendment 8160 PAG LIN 1 1 Amend House File 2465 as follows: 1 2 #1. Page 11, after line 3 by inserting: 1 3 <Sec. ___. Section 252F.3, subsection 5, Code 1 4 Supplement 2009, is amended to read as follows: 1 5 5. If a timely written response and request for a 1 6 court hearing is not received by the unit and a party 1 7 does not deny paternity, the administrator shall enter 1 8 an order in accordance with section 252F.4. 1 9 6. a. If a party contests the establishment of 1 10 paternity, the party shall submit, within twenty 1 11 days of service of the notice on the party under 1 12 subsection 1, a written statement contesting paternity 1 13 establishment to the unit. Upon receipt of a written 1 14 challenge of paternity establishment, or upon 1 15 initiation by the unit, the administrator shall enter 1 16 ex parte administrative orders requiring the mother, 1 17 child or children involved, and the putative father 1 18 to submit to paternity testing. Either the mother 1 19 or putative father may contest paternity under this 1 20 chapter. 1 21 b. The orders shall be filed with the clerk of the 1 22 district court in the county where the notice was filed 1 23 and have the same force and effect as a court order for 1 24 paternity testing. 1 25 c. The unit shall issue copies of the respective 1 26 administrative orders for paternity testing to the 1 27 mother and putative father in person, or by regular 1 28 mail to the last known address of each, or if 1 29 applicable, to the last known address of the attorney 1 30 for each. 1 31 d. If a paternity test is ordered under this 1 32 section, the administrator shall direct that inherited 1 33 characteristics be analyzed and interpreted, and shall 1 34 appoint an expert qualified as an examiner of genetic 1 35 markers to analyze and interpret the results. The 1 36 test shall be of a type generally acknowledged as 1 37 reliable by accreditation entities designated by the 1 38 secretary of the United States department of health and 1 39 human services and shall be performed by a laboratory 1 40 approved by an accreditation entity. 1 41 e. The party contesting paternity shall be provided 1 42 one opportunity to reschedule the paternity testing 1 43 appointment if the testing is rescheduled prior to the 1 44 date of the originally scheduled appointment. 1 45 f. An original copy of the test results shall 1 46 be filed with the clerk of the district court in the 1 47 county where the notice was filed. The child support 1 48 recovery unit shall issue a copy of the filed test 1 49 results to each party in person, or by regular mail 1 50 to the last known address of each, or if applicable, 2 1 to the last known address of the attorney for each. 2 2 However, if the action is the result of a request from 2 3 a foreign jurisdiction, the unit shall issue a copy of 2 4 the results to the initiating agency in that foreign 2 5 jurisdiction. 2 6 g. Verified documentation of the chain of custody 2 7 of the blood or genetic specimens is competent evidence 2 8 to establish the chain of custody. The testimony of 2 9 the appointed expert is not required. A verified 2 10 expert's report of test results which indicate a 2 11 statistical probability of paternity is sufficient 2 12 authenticity of the expert's conclusion. 2 13 h. A verified expert's report shall be admitted as 2 14 evidence to establish administrative paternity, and, 2 15 if a court hearing is scheduled to resolve the issue 2 16 of paternity, shall be admitted as evidence and is 2 17 admissible at trial. 2 18 i. If the verified expert concludes that the test 2 19 results show that the putative father is not excluded 2 20 and that the probability of the putative father's 2 21 paternity is ninety=five percent or higher, there shall 2 22 be a rebuttable presumption that the putative father 2 23 is the biological father, and the evidence shall be 2 24 sufficient as a basis for administrative establishment 2 25 of paternity. 2 26 (1) In order to challenge the presumption of 2 27 paternity, a party shall file a written notice of the 2 28 challenge with the district court within twenty days 2 29 from the date the paternity test results are issued or 2 30 mailed to all parties by the unit. Any challenge to 2 31 a presumption of paternity resulting from paternity 2 32 tests, or to paternity test results filed after 2 33 the lapse of the twenty=day time frame shall not be 2 34 accepted or admissible by the unit or the court. 2 35 (2) A copy of the notice challenging the 2 36 presumption of paternity shall be provided to any other 2 37 party in person, or by mailing the notice to the last 2 38 known address of each party, or if applicable, to the 2 39 last known address of each party's attorney. 2 40 (3) The party challenging the presumption of 2 41 paternity has the burden of proving that the putative 2 42 father is not the father of the child. 2 43 (4) The presumption of paternity may be rebutted 2 44 only by clear and convincing evidence. 2 45 j. If the verified expert concludes that the 2 46 test results indicate that the putative father 2 47 is not excluded and that the probability of the 2 48 putative father's paternity is less than ninety=five 2 49 percent, the administrator shall order a subsequent 2 50 administrative paternity test or certify the case to 3 1 the district court for resolution in accordance with 3 2 the procedures and time frames specified in paragraph 3 3 "i" and section 252F.5. 3 4 k. If the results of the test or the verified 3 5 expert's analysis are timely challenged as provided in 3 6 this subsection, the administrator, upon the request 3 7 of a party and advance payment by the contestant or 3 8 upon the unit's own initiative, shall order that an 3 9 additional test be performed by the same laboratory or 3 10 an independent laboratory. If the party requesting 3 11 additional testing does not advance payment, the 3 12 administrator shall certify the case to the district 3 13 court in accordance with paragraph "i" and section 3 14 252F.5. 3 15 l. When a subsequent paternity test is conducted, 3 16 the time frames in this chapter associated with 3 17 paternity tests shall apply to the most recently 3 18 completed test. 3 19 m. If the paternity test results exclude the 3 20 putative father as a potential biological father of 3 21 the child or children, and additional tests are not 3 22 requested by either party or conducted on the unit's 3 23 initiative, or if additional tests exclude the putative 3 24 father as a potential biological father, the unit shall 3 25 withdraw its action against the putative father and 3 26 shall file a notice of the withdrawal with the clerk 3 27 of the district court, and shall provide a copy of the 3 28 notice to each party in person, or by regular mail sent 3 29 to each party's last known address, or if applicable, 3 30 the last known address of the party's attorney. 3 31 n. Except as provided in paragraph "k", the unit 3 32 shall advance the costs of genetic testing. If 3 33 paternity is established and paternity testing was 3 34 conducted, the unit shall enter an order or, if the 3 35 action proceeded to a court hearing, request that the 3 36 court enter a judgment for the costs of the paternity 3 37 tests consistent with applicable federal law. In a 3 38 proceeding under this chapter, a copy of a bill for 3 39 genetic testing shall be admitted as evidence without 3 40 requiring third=party foundation testimony and shall 3 41 constitute prima facie evidence of the amount incurred 3 42 for genetic testing.> 3 43 #2. By renumbering as necessary. COMMITTEE ON JUDICIARYSWAIM of Davis, Chairperson HF2465.1225 (2) 83 lh/rj -1-