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

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