Paternity
Desk Guide
West Virginia Bureau for Child
Support Enforcement Training Unit
Revised October 29, 2013
Paternity
Page 1 of 33
TABLE OF CONTENTS
I.
Importance of Establishing Paternity: Page 2
II.
Time Frames for Establishing Paternity: Page 3
III.
Three Ways to Establish Paternity: Page 3
IV.
Who Can Request Paternity Establishment: Page 4
V.
Declaration of Paternity Affidavits: Page 5
VI.
Coding the Child Screen Correctly in OSCAR (PM 2004-17): Page 8
VII.
Identifying Cases in OSCAR Which Need Paternity and Support Established:
Page 15
VIII.
Administrative Genetic Testing: Page 17
IX.
Generating a Complaint to Establish Paternity: Page 18
X.
The Legal Process: Page 25
XI.
Court Ordered Genetic Testing Procedures: Page 26
XII.
Long-Arm Service: Page 29
XIII.
FYI – Questions and Answers: Page 30
See the POLICY MANUAL Chapter 04000.00 for full Paternity Establishment
information.
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What is paternity? Paternity means legally established fatherhood. For children born
in West Virginia to a married couple, the law presumes the husband is the father and
paternity is therefore immediately established. When a child is born out of wedlock, a
father must be legally established.
Establishing paternity is a primary responsibility of the BCSE. Check the paternity
status of every child in every case to assure that paternity has been established, and if
not, work diligently toward establishing paternity and support.
I.
Importance of Establishing Paternity
It is important that every child has legal paternity established because:
A.
B.
C.
Paternity provides the child with certain rights and privileges, such as:
1.
Support from both parents.
2.
A legal record of his/her parents.
3.
Access to family medical records.
4.
Medical and life insurance coverage through the employer of either
parent.
5.
Social security and veteran’s benefits of a parent, if available.
6.
Inheritance rights and protections.
7.
The emotional stability of knowing both parents.
The mother also benefits by establishing paternity. Benefits may include:
1.
Improved financial security for the child.
2.
Information concerning the child’s family medical history.
3.
Sharing the parental responsibilities.
4.
Medical insurance from the father’s employer, if available.
The father may receive the following benefits:
1.
Legal establishment of parental rights and responsibilities.
2.
The opportunity to give the child his legal name, if the mother
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agrees.
II.
The opportunity to add the child to his health insurance plan.
4.
The assurance that social security and/or veteran’s benefits are
paid to his child in the event of his death or disability.
5.
Protecting his child’s rights to an inheritance.
6.
Custody and visitation can be adjudicated.
7.
The right to notice of a pending adoption of his child.
Time Frames for Establishing Paternity:
A.
B.
III.
3.
From the date the NCP is located, the BCSE has ninety (90) days to:
1.
File for paternity and support establishment and complete service
of process, or:
2.
Document diligent unsuccessful attempts to serve the NCP.
From the date of service, there must be an order addressing paternity and
support or the dismissal of the action:
1.
Within six months in 75% of the cases, and
2.
Within twelve months in 90% of the cases.
Three Ways to Establish Paternity:
A.
Presumed by Marriage:
Paternity is presumed and need not be separately established if the
parents were married at the time of conception, any time during the
pregnancy, or at the time of the child’s birth.
Note: The period of time between conception and birth is approximately
forty (40) weeks or ten (10) months. Therefore, if a child is conceived or
born less than ten (10) months after the marriage ended by divorce,
separation, annulment or death, then the child is presumed to be born of
the marriage. Use http://timeanddate.com/ to assist in determining the
time between the date the marriage ended and the child’s date of birth.
The Born-out-of-Wedlock field on the CHLD screen would be “N” and
the Paternity Status Code would be PNI. See section VI for more
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information.
IV.
B.
Voluntary acknowledgment of paternity (Declaration of Paternity Affidavit).
C.
Civil court action to adjudicate paternity.
Who Can Request Paternity Establishment?
A.
An unmarried woman.
B.
A married woman who contends her husband is not the biological father if:
(See Policy Manual Chapter 04000.35 for further instructions.)
1.
She lived separate and apart from her husband for ten (10) months
preceding the birth of her child; and
2.
She did not cohabit with her husband anytime during such
separation and such separation has continued without interruption.
Note: If there is a presumptive father (husband), he must be
served with the Complaint to Establish Paternity filed against
another man.
C.
A man who believes he is the father of a child born out-of-wedlock and no
prior determination of paternity has been made.
Exception: If “good cause” has been established by the BCSE or IVA, the
BCSE will not assist the putative father in a paternity action.
D.
A person with physical or legal custody of the child.
E.
The child’s legal guardian or committee.
F.
Next friend of a minor mother or minor father.
G.
State of WV.
H.
Adult child between the ages of 18 and 21.
1.
If the adult child is under 21, unmarried, living with a parent, and
still in high school/vocational school making substantial progress
towards a degree, the BCSE will attempt to establish paternity and
support.
2.
If the child is not living at home, not in school, or is married, the
BCSE would still attempt to establish paternity, but not support.
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V.
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Declaration of Paternity Affidavit
The official State of West Virginia Declaration of Paternity Affidavit is an affidavit
which must be notarized and signed by the mother and father of the child. It
names the father as the biological father. Vital Registration will add the name
of the father to the birth certificate if they determine the affidavit is legally
acceptable.
A.
If the mother and/or father of the child is a minor, their parent or guardian
must also sign the affidavit.
B.
Both parties should read and MUST be told the consequences of
completing the affidavit.
C.
The affidavit can be signed at:
1.
A DHHR office.
2.
The hospital or birthing center.
3.
The Vital Registration Office.
4.
Before any notary public
5.
A BCSE office. Use ONLY the official State of West Virginia
Declaration of Paternity Affidavit.
a.
If a BCSE Worker is involved in obtaining signatures, the
statement on the Affidavit must be read aloud to the parties.
b.
Both parents can come into the office and sign together.
Parents are not required to come into the office together to
sign.
c.
If the parent is not able to come into the office:
(1)
Complete the Paternity Affidavit and have the
cooperating parent sign it before a notary and make a
copy for our file.
(2)
Mail the Paternity Affidavit, form 8064 PAT1
INITIAL PATERNITY LETTER from PM55 and a
return envelope. Also enclose “Be a Hero” pamphlet
to an alleged father. Request that the parent sign
before a notary public and return it within ten (10)
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(3)
D.
days.
The parent has ten (10) days to complete and return
it or contact our office.
(4)
If an alleged father does not sign and return the
Paternity Affidavit, record it in NARR and complete a
Complaint to Establish Paternity.
(5)
If the alleged father does sign and return the
Paternity Affidavit:
(a)
Record it in NARR.
(b)
Scan a copy into the BCSE file. (The white
copy will scan best, if available.)
(c)
Distribute copies as noted on the bottom of the
Affidavit:
i.
White and yellow to Vital Registration.
ii.
Pink copy to the mother.
iii.
Gold copy to the father.
(d)
Follow up with establishing support.
(e)
When the affidavit has been accepted by Vital
Registration, code the CHLD screen. (Follow
the instructions given on pages 9-13 for
changing a paternity status code.)
Paternity Affidavits sent by Vital Registration to the BCSE:
Vital Registration provides copies of paternity affidavits to the central
BCSE office, who determines whether the child is already in OSCAR.
1.
When the child already exists in OSCAR:
a.
The central office emails a scanned copy of the affidavit to
the worker to be uploaded into OnBase.
b.
The central office makes a narrative and changes the
paternity status code on the CHLD screen.
c.
Field staff may request a certified copy of the paternity
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affidavit in IPACT only IF REQUIRED FOR FILING by the
court.
d.
IF the child is on Medicaid or included in a TANF grant,
notify IV-A using form 8057 DHS1 COMMUNICATION
FORM - INCOME MAINTENANCE & CAO from PM65 that
paternity has been established.
Note: A DHS-1 can also be sent by placing the acronym
DHS1 on the command line and pressing <Ctrl>.
2.
When the Child is NOT included in an OSCAR case:
a.
b.
If the mom/dad combination does exist in OSCAR:
(1)
The central office adds the child to the case with
paternity status “A” and the proper ‘Relationship
Code’ for each party.
(2)
The central office emails a scanned copy of the
affidavit to the worker to be uploaded into OnBase
(3)
Field staff may request a certified copy of the
paternity affidavit in IPACT IF REQUIRED FOR
FILING by the court.
If the mom/dad combination does not exist in OSCAR:
(1)
The central office scans the affidavit into OnBase
under Document Group “Application” and Document
Type “Non-Oscar Paternity Affidavits.”
(2)
Before requesting paternity affidavits from Vital
Registration, ALWAYS search the OnBase State
Repository for paternity affidavits which have been
provided to the BCSE, using the child’s date of birth
and mother’s social security number.
(3)
If the paternity affidavit is not located with mother’s
social security number, then use the Social Security
number of the NCP or the child.
(4)
If the paternity affidavit is located, upload it into
OnBase by using the Hyland Virtual Printer.
Note: When using the Hyland Virtual Printer, you
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must insert ALL keywords. There is no automatic
population of the keywords when uploading with
Hyland.
(5)
E.
F.
VI.
If the paternity affidavit is not located, request a
certified copy of the paternity affidavit in IPACT IF
REQUIRED FOR FILING by the court.
Rescinding the paternity affidavit: (See Policy Manual Chapter
04000.35.15 for full rescission instructions.)
1.
The BCSE will NOT assist either parent in filing for a rescission.
2.
Either parent can rescind the affidavit within sixty (60) days of
signing it.
3.
After sixty (60) days, it can only be rescinded on the basis of fraud,
duress, or mistake of fact (wrong person).
4.
The parent wishing to rescind the affidavit must file a complaint in
the county in which the child resides. The court will determine
whether to rescind the affidavit or not.
Paternity Disestablishment (PM 2007-4):
1.
If the husband is not the father and the parents wish to
disestablish paternity, the parties may use one of the affidavit
processes as provided for in WV Code §16-5-10(f)(3). The
husband and mother must execute a VOLUNTARY DENIAL OF
PATERNITY/AFFIDAVIT OF NONPATERNITY stating that the
husband is not the father. The husband’s affidavit must be
attached to a DECLARATION OF PATERNITY AFFIDAVIT
executed by the mother and alleged father attesting that the alleged
father is in fact the biological father of the child. The Vital
Registration Office is responsible for this form.
2.
The above affidavits must be completed and filed with Vital
Registration within one year of the birth of the child.
3.
The BCSE will NOT assist parties with this process.
Coding the CHLD Screen Correctly in OSCAR
(PM 2004-17)
Paternity status codes on the CHLD screen reflect the legal status of the child’s
paternity for Federal reporting. The BCSE will now report only children receiving
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IV-D services in OSCAR, making it easier to meet the 90% Paternity
Establishment Percentage required by PRWORA.
A.
Determine the Correct Paternity Status Code:
1.
B.
Four paternity codes are accepted by OSCAR:
b.
A: Paternity by Affidavit.
c.
PI: Paternity is an Issue or is undetermined.
d.
PAD: Paternity was ADjudicated by an order.
e.
PNI: Paternity is Not an Issue.
2.
These codes reflect the child’s legal status for Federal reporting,
which may not necessarily be the case status in OSCAR.
3.
Consider the following questions and use the birth certificate from
the Vital Registration Office (not the hospital certificate of birth or
the county birth certificate), IPACT (for children born in WV), court
order, and/or marriage information to determine the correct
Paternity Status Code to use and the effective date of the paternity
status.
a.
At this moment, does the child have a legal father listed on
his/her birth certificate?
b.
If yes, how was paternity established?
Determine the Correct Out-of-Wedlock (OOW) Code:
1.
The WV Vital Registration Office and the BCSE use the same
criteria to determine whether the child was born out-of-wedlock,
which is reflected on the CHLD screen as the OOW code.
2.
The OOW code indicates the mother’s marital status at the time of
conception, during the pregnancy, or at the birth of the child.
Note: The period of time between conception and birth is
approximately forty (40) weeks or ten (10) months.
3.
Determine whether the mother was married to anyone at any
time between conception and birth or less than ten (10)
months before the birth of the child.
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a.
If she was unmarried throughout the entire time period,
then the OOW field should be coded YES.
b.
If she was married to anyone at any time between
conception and birth or less than ten (10) months before the
birth of the child, then the OOW field should be coded NO.
Example: The divorce was finalized November 20, 2008.
The child was born July 23, 2009 which is approximately
eight (8) months after the marriage ended. Since the mother
was legally married at the time of conception, the exhusband is the presumptive father therefore; the OOW field
should be coded “N” to indicate the child was NOT born outof-wedlock.
Note: It does not matter whether the husband is the
biological father of the child.
4.
C.
If there is not enough information available to determine the OOW
status, code the OOW field “U” for unknown. Diligent efforts should
be made to obtain the needed information and update the code
accordingly when the information is obtained.
The OOW code can be used to assist in determining the correct Paternity
Status Code:
1.
If OOW is Y
a.
b.
PI (Paternity is an Issue or Undetermined) will be used if:
(1)
Paternity is unknown, or
(2)
The alleged father is unknown, or
(3)
Paternity has not been established, or
(4)
Establishment against the alleged father is still in
progress, or
(5)
Paternity has been dismissed, or
(6)
The alleged father has been excluded by paternity
testing.
PNI (Paternity Not an Issue) will be used if the child was
adopted and paternity was never established prior to the
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adoption.
c.
d.
2.
D.
PAD (Paternity Adjudicated) will be used if:
(1)
An administrative or court order adjudicates paternity,
or
(2)
The child’s date of birth is before marriage date and
the divorce order states the child is of marriage, or
(3)
The marriage is the only action confirming
legitimization.
A (Paternity established by Affidavit) will be used if a
paternity affidavit is accepted by the Vital Registration Office.
If OOW is N
a.
PI will be used only if there is a court order stating that the
husband is not the father of the child (not born of marriage)
and no other legal father has been established yet.
b.
PNI will be used if the mother was married to anyone at any
time between conception and birth or less than 10 months
before the birth of the child.
c.
PAD will be used if paternity of husband has been
disestablished by a court AND a court order adjudicates a
new father.
d.
A will be used if:
(1)
Paternity with a husband has been disestablished by
a court or by the Voluntary Denial of
Paternity/Affidavit of Non-paternity that is accepted by
Vital Registration, AND
(2)
The mother and biological father sign a Declaration of
Paternity Affidavit that is accepted by Vital
Registration.
Determine the Paternity Status Effective Date:
1.
If the paternity status code is A:
a.
Use the date that the Vital Registration agency of the
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appropriate State accepted the affidavit.
b.
Use the “PA” field in IPACT for children born in WV to view
the date the paternity affidavit was accepted. Click on the
“Y” and a box with the date will appear.
c.
If the date that the Vital Registration agency accepted the
affidavit cannot be determined, use the date the affidavit was
signed by the second parent.
d.
If the child was born out of state, contact the CT to obtain the
approximate date the second parent signed the affidavit IF
the state agency cannot provide the date the paternity
affidavit was accepted or a copy of the affidavit. Otherwise,
use the “filed” date listed on the child’s out of state birth
certificate.
CAUTION: It is imperative to ensure that the affidavit is
in fact a VALID affidavit.
2.
If the status code is PAD:
a.
Use the entry date of the court or administrative order.
Note: OSCAR will update the paternity status and effective
dates on CHLD automatically if the order is completed
through the ORDR function with the appropriate field marked
in the paternity establishment section.
b.
3.
Use the entry date of the divorce order if a child was born
before the parents married and no Paternity Affidavit was
filed but the divorce order establishes paternity or refers to
the child as a “child of the marriage.”
If the status code is PI:
a.
Use the child’s date of birth if the child never had a legal
father.
b.
Use the entry date of the court or administrative order if the
child had a legal father at one time but paternity was
“disestablished” by a court.
c.
Use the date the out of state Vital Registration agency
accepted the rescission if a valid paternity rescission affidavit
is executed and recorded in another state.
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4.
If the status code is PNI:
a.
Use the child’s date of birth if the child was conceived or
born during a marriage or less than ten (10) months after the
marriage ended.
b.
Use the date of adoption if the child was born to an unwed
mother and later adopted by a father IF the adoption is the
FIRST time the child had a legal father.
Note: If the child was the legitimate child of another legal
father before the adoption, the pre-existing code and date
would remain in effect.
E.
Determine the correct codes when Mom is the NCP:
1.
The AP’s relationship code will be “01" on CHLD.
2.
The Paternity Status Code should reflect the true paternity status
of the child. See PM 2005-2 for more information.
Note: If a Complaint for Child Support needs to be filed against
Mom by an alleged father and the paternity status is PI, use
Petition 7650 ALLEGED FATHER IS PETITIONER AND CT. The
NCP must be female.
3.
F.
Case Activity Level can be LOCT, ESTB, or ENF but cannot be
PAT since the mother is the NCP.
Use the following chart to choose the proper paternity and out-of-wedlock
codes on the CHLD screen and to determine the correct effective date of
the paternity status.
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Paternity
Status Code
A
In what situations should this code be used?
What is the Paternity Status
Effective Date?
Declaration of Paternity Affidavit signed by parents and accepted by Vital Registration.
The date Vital Registration accepts the affidavit.
1.
Vital Registration could reject an affidavit if: completed incorrectly, mom was married to another
man when the child was born, or if the wrong form was used.
Date is automatically updated by interface of OSCAR and
Vital Registration. See “PA” for acceptance date in IPACT.
2.
Code should remain “A” if Declaration of Paternity Affidavit was signed and later the child is
adopted or later there is an order that confirms paternity.
Date will remain the date the affidavit is accepted by Vital
Registration if the child is adopted.
Paternity was adjudicated by an order in WV or any other state.
PAD
1.
OSCAR will automatically change to this code if the order is entered through ORDR.
The date the court enters the order.
OSCAR will automatically change the date if the order is
entered through ORDR and contains paternity establishment.
2.
If a child was born before the parents married, but the divorce order establishes paternity or
refers to a “child of the marriage”, change the paternity status to PAD.
Entry date of divorce order.
Do not use this code to replace a pre-existing paternity code of A or PNI if the court merely
confirms legal paternity, even if the court orders paternity testing (see PI below).
Code should remain PAD if paternity is adjudicated and later the child is adopted.
No change of code or date.
3.
4.
PI
PNI
Use when the other 3 codes do not apply.
1. The mother was not married at the time of the birth of the child and no legal father has been
established.
2. Paternity unknown. Either the father is Unknown Unknown or the CSS doesn’t have enough
information to decide which code to use (Ex: skeleton case created from an RPNR).
3. The presumed legal father has been “disestablished” and no other legal father has yet been
established.
5.
A valid paternity rescission affidavit is received (some other states allow this).
6.
If a court orders paternity testing during a divorce, do not change the code to PI unless the court
enters an order determining that the man is not the legal father.
7.
If the court does dismiss or disestablish paternity, remove the child from the case using removal
code 10.
Use when the child was conceived or born during a marriage or less than 10 months after the
marriage ended.
1. The child was born less than 10 months after the marriage ended or there is a star/asterisk next
to the father’s information on the birth certificate which indicates the “mother refused to list
husband.” Use this code even if one parent raises an issue as to the child’s biological father.
2. Also use this code if a child was born to an unwed mother and later adopted by a father, so that
this is the first time the child has a legal father.
3. If a child had another legal father prior to the adoption, the pre-existing paternity code would
remain in effect.
4. In some states, a child born prior to a marriage is automatically legitimized if the parents marry
soon after the birth. If there is some reason to believe this may have happened, contact the
Legal Unit for clarification.
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No change of code or date.
The child’s birth date.
The child’s birth date.
Entry date of the order disestablishing paternity.
Date the other state’s VR office accepts the rescission
affidavit.
Entry date of the order disestablishing paternity.
Entry date of the order. If done through ORDR or the PATT
screen, OSCAR will remove the child automatically.
The child’s birth date.
The child’s birth date.
The date of the adoption.
No change of code or date.
The child’s birth date.
Paternity
G.
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Paternity Status code changes in OSCAR:
1.
In general, any CSS, Supervisor, or Regional Manager (RAM) may
change the paternity status of PI to another code. However, there
are restrictions on changing A, PAD, or PNI to another code.
2.
If a paternity code is not correct or needs to be updated and
OSCAR prevents you from making the change, ask a CSS3,
Supervisor, or RAM to make the change.
3.
If they cannot make the change, contact the OSCAR Help Desk.
a.
Make a NARR as to why the request is being made.
b.
Access the BCSE private website,
www.wvdhhr.org/bcseprivate.
c.
Select Online Forms and complete as instructed.
d.
Be descriptive in your on-line request. Include dates
affidavits were signed, entry dates of orders, etc. Changes
will not be made to the status without an explanation.
VII. Identifying Cases in OSCAR Which Need Paternity and
Support Established:
A.
Check the CASE screen, the CHLD screen, and/or your CSPR “P”
messages. If paternity needs to be established:
1.
The CASE activity level will be “PAT” on the CASE screen, and
2.
There will be a CSPR/DLPR message stating that paternity needs
to be established on your case, and
3.
CHLD paternity status will be “PI.”
Note: Check the CHLD screen for every child. Even if paternity
and support have been established for one or more children, there
may be a new child recently added to the case for which paternity
and/or support needs to be established.
B.
Confirm paternity with the birth certificate:
Always double check the birth certificate before proceeding with paternity
to assure that OSCAR has been coded correctly. If there is not a certified
birth certificate in the file, you will need to obtain one before proceeding
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with paternity establishment.
Note: Do not wait for the Caretaker to provide copies of the birth
certificate. Request copies online so that you can proceed with your
case.
1.
If the child was born in WV, access IPACT at
www.wvdhhr.org/ipact to request a birth certificate.
2.
Copies of Paternity Affidavits on file with Vital Registration may
be available in the OnBase State Repository under “Applications”
then “Non-OSCAR Paternity Affidavits.” Search with the child’s
date of birth and mother’s social security number as keywords. If
found there, it can be uploaded to your OnBase server using
Hyland Virtual Printer. Remember to add all keywords.
3.
A certified copy of the Paternity Affidavit may be requested through
IPACT if they are required by your court.
4.
If the child was born in another state, go to that state’s web page
for Vital Registration Office and follow their instructions for ordering
a birth certificate and/or a paternity affidavit.
5.
C.
a.
If it is a “closed record” state, the CT may need to sign the
order form.
b.
www.vitalrec.com/index.html has links to all states’ Vital
Registration offices.
c.
Ask your Regional Manager to use their state purchasing
credit card to pay for the request.
Once the birth certificate is received, double check the CHLD
screen to assure that all information (i.e., spelling of name, DOB,
paternity status, etc.) is correct before printing the complaint.
Determine if a Complaint was previously filed:
1.
Check FQ, the file, and OSCAR screens TRFO, TRNA, and CIVL to
determine if a “Complaint to Establish Paternity and Child Support”
was previously completed. (TRNA should advise if it was prepared
outside OSCAR through Word or Word Perfect.)
a.
If a previous complaint was filed, has it been dismissed?
b.
If dismissed, why? Determine the reason and whether a
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new case needs to be created with a different alleged father
or request to reinstate prior civil action.
2.
D.
c.
If the complaint was filed and not dismissed, was it served?
d.
If complaint was filed but not served, locate NCP and issue a
re-service ASAP.
Have genetic tests already been ordered administratively? If so,
PATT would not have an entry date for the genetic test order. See
TRNA for details.
Obtain a verified address for the NCP:
1.
If no previous complaint was filed, check APAD. You must
have a verified address before proceeding.
2.
If you have a recent verified address for the alleged father, the next
step is to establish paternity and support.
a.
If we have a verified address for the NCP that is greater than
6 months old, send a postal locate for verification before
proceeding.
b.
If we do not have a verified address for the NCP, proceed
with all available locate efforts.
Note: The WV BCSE always seeks support when establishing
paternity. However, keep in mind that some other states do not
automatically establish support when establishing paternity.
VIII. Administrative Genetic Testing
Prior to the commencement of legal action to establish paternity, the BCSE
may administratively order the parties to submit to genetic tests to aid in proving
or disproving paternity using an administrative order.
For complete instructions regarding whether administrative genetic testing is an
option and the exact procedures, refer to Policy Manual chapter 04000 and the
Genetic Testing training materials. Also see Section XI of this desk guide for
more information about genetic tests.
IX.
Filing a Complaint to Establish Paternity
If the mother was unmarried, there is no father named on the birth certificate, a
Paternity Affidavit has not been signed and the alleged father has not been
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Page 18 of 33
excluded through Administrative Genetic testing, generate a Complaint to
Establish Paternity. OSCAR has several Paternity Complaints, depending on the
circumstances of the case.
Paternity actions are normally filed in the county in which the child resides.
However, if this creates a hardship for either of the parties or if the judicial
economy so requires, the Court may transfer the action to the county where
either of the parties reside.
A.
Generate the Paternity Complaint:
1.
Create a temporary civil action number on the CIVL screen.
See the Civil Action Number Desk Guide for complete instructions
on entering civil action numbers.
2.
Create a caption with Caption Style #5 ONLY. Captions must be
complete and correct BEFORE generating the form to FQ.
See the Caption Desk Guide for complete instructions on creating a
caption and style examples.
3.
Type “FORM” on the command line, select “Legal Packets” and
press <Ctrl>.
4.
Select “Complaints to Establish Paternity” with an “X” and press
<Ctrl>.
Note: You may also go directly to PM20, select the correct
Paternity Packet and press <Ctrl>.
Select Packets
------ ------_
PETITIONS FOR CHILD SUPPORT
x
COMPLAINTS TO ESTABLISH PATERNITY
_
MOTIONS RELATING TO PATERNITY
_
MOTION FOR SUMMARY JUDGMENT (PATERNITY)
_
MOTION FOR DEFAULT JUDGMENT (CS/SS/PAT)
_
PETITIONS TO MODIFY CHILD SUPPORT
_
PETITION FOR ORDER TO SHOW CAUSE (CIVIL & CRIMINAL)
_
SUIT VS EMPLOYERS
_
MISCELLANEOUS MOTIONS
5.
On the next screen, select the appropriate Packet with an “X” and
press <Ctrl>.
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Select
-----_
_
x
_
_
_
_
_
6.
Packet
-----7510
7530
7620
7640
7650
7700
7740
7910
Packet Title
-----------UNMARRIED, CT IS MOTHER, LONG ARM
MARRIED, CT IS MOTHER, HUSBAND NOT FATHER, LONG ARM
UNMARRIED, CT IS MOTHER
MARRIED, CT IS MOTHER, HUSBAND NOT FATHER
ALLEGED FATHER IS PETITIONER AND CT
ALLEGED FATHER IS PETITIONER
THIRD PARTY CARETAKER VS ALLEGED FATHER
MULTI RESPONDENT
Review the list of forms.
Copies Form ID Form Description
------ ------- ---------------1
1
1
1
1
1
7621
7501
7504
7507
7602
7642
UNMARRIED, CT IS MOTHER
SERV6 CIVIL CASE INFORMATION FILING STATEMENT
EST9 VERIFICATION LETTER - CARETAKER
SERV7 REGULAR SUMMONS
AFFIDAVIT - LEGAL ASSISTANT
EST11 LEGAL DISCLAIMER
a.
OSCAR automatically will tell FQ to print 1 copy of each
form.
b.
Change the number of copies if more are needed. You will
also be able to change the number in FQ when the forms are
completed.
c.
If the form is not necessary, change the number of copies to
0 or remove the 1. However, some forms in the packet are
required and cannot be removed.
d.
Press <F3> when number of copies is complete for each
form.
7.
If there is more than one Civil Action number, select the Civil
Action number associated with this action (usually the temp # for a
paternity complaint) and press <Ctrl>.
8.
Select the method of service with an “X” then press <Ctrl>.
--------------------------Service Selection Pop-Up----------------Please select the method of service and press <ENTER>
Sel
Sel
_ First class Mail
_ Sheriff
_ Certified Mail
x Restricted Delivery
_ Secretary of State
_ Private Process Server
_ Hand Delivery
_ Service Not Required
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9.
Page 20 of 33
Select the parties to be served and whether a response is required.
Press <Ctrl>. Since the BCSE is bringing the action, select both the
Absent Parent and the Caretaker to be served. If the parties have
an attorney or Guardian ad Litem, he/she must be served as well.
---------------------------Party Selection Pop-Up------------------Please select the Parties to be served, indicate
whether a response is required, and press <ENTER>
Sel
x
_
10.
Res
x
_
Absent Parent
AP's Attorney
AP'S GAL Attorney
Sel
x
_
Res
x
_
Caretaker
CT's Attorney
CT's GAL Attorney
The packet is now complete in OSCAR and will generate to FQ.
Go to FQ to select and complete each form.
Forms in package '7620'
Case
Case #
ID
Form/Packet Form Name
Created
93998 44489333301 7621
UNMARRIED, CT IS MOTHER
93998 44489333301 7501
SERV6 - CIVIL CASE INFORMATION FILING
STATEMENT
93998 44489333301 7504
EST9 VERIFICATION LETTER (CT)
93998 44489333301 7507
SERV 7 - REGULAR SUMMONS
93998 44489333301 7507
SERV 7 - REGULAR SUMMONS
93998 44489333301 7602
AFFIDAVIT - LEGAL ASSISTANT
93998 44489333301 7642
LEGAL DISCLAIMER
3/8/2011
8:28:02 AM
3/8/2011
8:28:02 AM
3/8/2011
8:28:02 AM
3/8/2011
8:28:02 AM
3/8/2011
8:28:02 AM
3/8/2011
8:28:02 AM
3/8/2011
8:28:02 AM
By
Notes Location
WEB021 No
WEB021 No
WEB021 No
WEB021 No
WEB021 No
WEB021 No
WEB021 No
Training
Unit
Training
Unit
Training
Unit
Training
Unit
Training
Unit
Training
Unit
Training
Unit
Page 1 of 1
11.
Click on the Complaint. If changes are needed to the wording, click
on the rich text
icon.
NOTE: In Packet 7510, Form 7511 Unmarried, CT is Mother;
LONG ARM will have “TEXT” at the top of the screen to allow
editing.
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12.
Page 21 of 33
a.
Select the correct BCSE Attorney in the drop-down box at
the end.
b.
Save the changes and place the complaint in draft for
review. When editing is completed, close the form.
Select Form 7501 Civil Case Information Statement (CCIS).
For complaints, change
“respondent” to “defendant.”
For complaints, change
“petitioner” to “plaintiff.”
Select number
of “days to
answer” and
appropriate
service
method.
a.
Select the number of copies of “complaint” to be sent to the
Clerk at the bottom of page 1.
b.
Go to page 2 and complete the checkboxes as appropriate.
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Scroll down.
Select the BCSE
Atty.
c.
13.
Save the changes and place the CCIS in draft for review.
When editing is completed, close the form.
Select Form 7504, EST9 Verification Letter (CT), if your local court
requires the CT to sign the “verification” and/or Complaint. Save
the changes and place in draft for review. Then, close the form.
Set an appointment for the CT sign the complaint/verification, if
necessary.
Note: All actions filed by the BCSE shall be brought in the name of
the State of West Virginia as the only plaintiff.
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Change “Respondent” to
“Defendant” and type
“complaint” in the editing
box.
14.
Select Form 7507 Summons for each party. Save the changes
and place it in draft for review. When editing is completed, close
the form.
Choose the BCSE Attorney
in the drop-down box.
Choose the number of days
to answer, then
“Complaint” in the dropdown box. When complaint
is chosen here, it autopopulates there.
15.
Select Form 7602 Legal Assistant (CSS) Affidavit. Save the
changes and place it in draft for review. When editing is completed,
close the form.
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Choose county.
C.
16.
Select Form 7642 Legal Disclaimer. There are no editing boxes on
the form.
17.
Once all the forms in the packet have been properly completed,
finalize, and print the packet.
Filing the Complaint with the Court:
1.
Attach a certified copy of the birth certificate to the Complaint.
2.
Attach a copy of the Assignment of Rights, if TANF or Medicaid is
involved.
3.
Refer the case to the Paralegal assigned to you.
WEO1MB06
WE#B021
CO: 073
a.
Go to the CASE screen and press <F2> to update.
b.
Enter “EP” (Establish Paternity) in the ATTY Code field and
the Action ID Code for the attorney or paralegal assigned to
you.
CASE STATUS DATA
CT: 444 89 3333 01 PATERNITY
AP: 555 89 3333
DUDE
MISSUS
GOOD
03/08/11 11:18
USER
T
B63W
A
CASE
Case Status
Close
AP Status
Atty Action Reqsted
Type
Status Eff Date
Reason
Code Eff Date Code ID
Date
N __
ACTV
08/01/08
__
__
08/01/08
EP 1783
+-----ATTORNEY ACTION REQUESTED CODES-----+
| Sel Value
Description
| tors
|
EO
ENFORCE ORDER
|
IRS Off
Stx Off
Income W/H
Description
|
EP
ESTABLISH PATERNITY
| Sel Value
_
_
_
|
ES
ESTABLISH SUPPORT
| _ 6026
Record
ANDERSEN KEVIN
|
GR
GENERAL REVIEW
| _ D246
Kept
ANDERSON ANGIE
|
IO
INTERPRET ORDER
| _ 6689
_
BANKS REGINA
|
ME
MEDICAL ESTABLISHMENT
| _ 3392
BEARD DONITA
|
MO
MODIFICATION OF ORDER
| vity
Next
BENTLEY KIMBERLY
|
RT
RETURN TO LEGAL ASSISTANT | l_ E466 Case Wrkr
CSE Review
BOND-DAVIS
STARLA
|
TX
TAX OFFSET HEARING
| _ 1783
08 01
2009
_ 7176
_ B095
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BURDETTE DEE-ANN
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X.
Page 25 of 33
4.
Place the case file in the designated location in your office to await
attorney review and signature.
5.
After the attorney signs, the Complaint will be filed at the
circuit clerk’s office.
The Legal Process
A.
The circuit clerk will file the complaint and assign a final civil action
number.
Note: When this civil action number is received, go to CIVL and replace
the TEMP CA# with the final civil action number. Then, go to CAPT
and replace the number on the caption.
B.
Service of the complaint upon the defendants must then be made.
1.
Voluntary Acceptance of Service: After the filing of the complaint
and assignment of civil action number by the circuit clerk, the
summons signed by the circuit clerk may be voluntarily accepted
by the CT or NCP to effectuate service. If the party will do so,
generate Form 7534 SERV1 ACCEPTANCE OF SERVICE from
PM87. Complete the editing boxes in FQ. Then place in draft to
review, finalize and print the form. The party must sign before a
notary. Once completed, file Form 7534 with the circuit clerk as
proof of service.
2.
Service will be attempted by the circuit clerk or the BCSE as stated
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on the CCIS form, if not voluntarily accepted.
3.
C.
D.
Service information is tracked on the TRSP screen.
If Service is unsuccessful:
1.
Determine why the service was unsuccessful and proceed with a
remedy to complete the service of process.
2.
Complete locate, if needed.
3.
Once the NCP/CT is located, refer back to your paralegal to issue a
new service immediately.
If Service is successful:
1.
The CT and NCP have 20 days following service to file an answer
to the Complaint. The party has 30 days following service if the
Complaint was served as long-arm.
2.
If the alleged father/defendant fails to file an answer within that
time, the BCSE will pursue a default judgment by filing a Motion
for Default.
3.
a.
The paralegal will schedule a hearing and notice him/her to
appear.
b.
If the alleged father/defendant does not appear at the
hearing, the BCSE will ask the court to establish paternity,
child support, medical support, and TANF reimbursement. If
service is unquestionable, the judge usually grants all of the
above.
If the alleged father/defendant files an answer that questions or
denies that he is the father, the BCSE Attorney will submit an Order
for Genetic Testing to the Family Court. Then, genetic testing is
scheduled by the paralegal.
XI. Court Ordered Genetic Testing Procedure
A.
Genetic testing appointments are set by the paralegal in your local office.
The paralegal completes the PATT screen and sends genetic testing
appointments to the parties. Paternity information is tracked on the TRPS
screen.
Note: If the tests are performed at the vendor’s location rather than a
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BCSE office, then the paralegal will access the vendor’s website
(labcorp.com) to schedule the time and location.
B.
The parties appear for collection of a genetic sample at the Vendor’s site
or a BCSE office.
1.
Most BCSE offices have trained and certified volunteers who will
conduct genetic testing under strict guidelines at a local office if
both parties consent. (Use Form 8131 PAT7 AGREEMENT FOR
GENETIC SAMPLE COLLECTION.)
2.
Check with your supervisor to find out who is a certified collector in
your office. See Policy Manual Section 04000.10.05 sections C and
D for more information.
C.
If either party refuses to submit for collection of a genetic sample, the
BCSE Attorney can file a Motion to Compel Genetic Testing from the
PM27 screen.
D.
When results of the genetic tests are received [usually within forty-five
(45) days], the paralegal:
E.
1.
Enters the information on the PATT screen.
2.
Scans the results into OnBase.
3.
Files the results with the circuit clerk.
4.
Sends copies of the results to both the CT and NCP.
DO NOT GIVE TEST RESULTS OVER THE PHONE!!!
Genetic Test Results are based on the “probability of paternity.”
1.
If the “probability of paternity” is 0%, the alleged father is excluded.
2.
If the “probability of paternity” is greater than 98%, the alleged
father will be adjudicated to be the biological father.
3.
If the “probability of paternity” is less than 98%, the judge will weigh
the results with other evidence.
5.
Test results are evidence used by the judge to issue a final order
legally establishing paternity. Other evidence may be considered.
6.
DO NOT CODE THE CHLD SCREEN BASED ON GENETIC TEST
RESULTS. The Court must adjudicate paternity in its Order.
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F.
Page 28 of 33
A party may contest the Genetic Test Results.
1.
IF either party wishes to contest the results of the genetic
testing, the party must file with the Court a written protest within
thirty (30) days of the filing date of the test results and serve a
copy of the protest to the other party. WV Code § 48-24-103.
2.
The BCSE will NOT ask for a second genetic test UNLESS the
alleged father is excluded and the mother asserts no one else can
possibly be the biological father. The BCSE will then contest the
results and request the court grant a second genetic test.
3.
If a contest is filed, the paralegal will record this on the PATT.
4.
If the party files a protest, the BCSE shall schedule a hearing on
the protest.
a.
At the hearing, the court may, upon reasonable request of a
party, enter an order for additional tests to be performed
within thirty (30) days, either by the same laboratory or
another laboratory.
b.
Further testing shall be paid for in advance by the
requesting party.
c.
The BCSE will schedule the additional tests unless the
Family Court Judge orders otherwise.
d.
After the additional tests are conducted and filed, a hearing
will be scheduled by the BCSE for determination of paternity,
child support, medical support, and reimbursement support,
or for dismissal of the paternity action, if appropriate.
G.
If the Genetic Test Results indicate the alleged father is the
biological father and the results are NOT contested, the BCSE will
schedule a hearing to seek a final order to establish paternity, child
support, medical support, and reimbursement support.
H.
If the Genetic Test Results EXCLUDE the alleged father:
1. The paralegal will code the PATT screen to reflect that the probability
is 0.00% and enter the result date.
2. If the court case is a divorce or other action in which paternity had
previously been established, schedule a hearing for the court to
evaluate the test results and further action.
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3. If the court case is a paternity establishment action, a Dismissal
Order will be prepared from the PATT screen by the paralegal and
forwarded to the Family Court Judge for signature and entry.
4. Upon entry, the paralegal will add dismissal date on PATT screen.
5. Following dismissal, you must then schedule an appointment with
the CT to discuss another possible father.
I.
a.
Create a new case with the next alleged father named.
b.
DO NOT PERM FIRST CASE!
The BCSE will not request reimbursement of genetic testing costs.
XII. Long-Arm Service:
Federal regulations require screening of potential interstate paternity cases for
utilization of the long-arm statutes before considering any other action.
Therefore, if the NCP lives in another state, proceed by using Long Arm
service when possible. (Policy 4000.30.05 and 6000.35)
A.
A Long Arm statute allows the court in one state to assert its power over a
person residing in another state if certain conditions are met.
B.
West Virginia Code § 48-16-201 allows the court in West Virginia to
exercise personal jurisdiction over a nonresident or that individual’s
guardian or conservator to establish paternity or support and enforce a
support order if:
1.
The individual is personally served with a summons and complaint
within this State;
2.
The individual submits to this State’s jurisdiction by consent,
entering a general appearance, or filing a responsive document
having the effect of waiving any contest to personal jurisdiction;
3.
The individual resided with the child in this State;
4.
The individual resided in this State and provided prenatal expenses
or support for the child;
5.
The child resides in this State as a result of the acts or directives of
the individual;
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6.
7.
8.
C.
Page 30 of 33
The individual engaged in sexual intercourse in this State and the
child may have been conceived by that act of intercourse;
The individual has committed a tortious act by failing to support a
child resident in this State; or
There is any other basis consistent with the constitution for this
State and the United States for the exercise of personal
jurisdiction.
If this criterion is not met, proceed by filing a UIFSA.
Note: The criterion above cannot be used to obtain personal jurisdiction
for modification of a support order of another state. See Policy Manual
7000 for instruction.
XIII. FYI - Questions and Answers
A.
What do I do if the CT states she does not know the father’s name?
Question her concerning the father. Where did she last see him? Did he
say where he works? Does she know a partial name, DOB, etc? Who
else was with them or saw them together, or do they have mutual friends
that would know information about him?
If the father is truly unknown:
B.
1.
Enter “UNKNOWN” as both the last and first names of the NCP.
2.
Do not enter a middle initial.
3.
Do not enter a partial name, such as “Bob Unknown” as this will
confuse the locate interfaces.
4.
Record any partial information in TRNA only.
5.
Have the CT complete an Unknown Paternity Affidavit (Form 8065).
6.
Enter a thorough NARR.
7.
Review for closure under closure reason 23.
Does the BCSE litigate custody and visitation issues?
No, we do not. (Policy Manual 04000.20)
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C.
Page 31 of 33
Will WV honor determinations of paternity by another state?
Yes. (Policy Manual 4000.30)
D.
What do I do if the mother or alleged father of the child passes
away prior to paternity establishment?
1.
Act quickly! The BCSE must obtain blood and/or a tissue sample
before the body is embalmed, buried, or cremated.
2.
Contact the medical facilities (hospital, doctor, funeral home,
medical examiner, coroner, etc.) which may have blood and/or
tissue samples of the deceased. Explain that the BCSE is in the
process of obtaining a court order for the facility to release the
samples to the BCSE’s genetic testing vendor. Request the facility
obtain and hold the samples pending receipt of the order.
3.
The WV State Medical Examiner keeps blood for two (2) years
if the person’s death was not attended by a doctor.
4.
Proceed with a court order to have the sample provided to the
BCSE’s genetic testing vendor for testing.
5.
Once the sample is secured, proceed as in any paternity case.
6.
If a sample cannot be obtained, try to secure the cooperation of
another family member of the alleged father, such as a sibling or
parent. If the family member will cooperate, proceed as in any
paternity case, substituting the sample of the family member for the
deceased.
7.
In some instances, the alleged father’s family may acknowledge
that the alleged father is the biological father. If this is the case,
the Court may consider this evidence to determine paternity.
8.
If the alleged mother or father was ever incarcerated in West
Virginia a DNA sample may be available for testing. To obtain a
sample we must obtain a court order requesting the sample from:
West Virginia State Police Biochemistry Section
Attention State of West Virginia CODIS Administrator
725 Jefferson Road
South Charleston, WV 25309-1698
9.
See Policy Manual 04000.40 for full instructions and work closely
with the BCSE Attorney.
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E.
Page 32 of 33
Will the BCSE perform genetic testing on a child who already has a
father named on his/her birth certificate?
Strict procedures must be followed in these situations. See Policy Manual
04000.35, 04000.35.05, and 04000.35.10. Consult with the BCSE
Attorney.
F.
Who does the BCSE Attorney represent?
The BCSE Attorney represents the State of WV and shall litigate the
action even if the plaintiff has private counsel. The BCSE Attorney does
not represent any party other than the State. Neither party is entitled
to court appointed counsel in a paternity action.
G.
Is the NCP entitled to a trial by jury?
No. [WV Code §48-24-101(b)]
H.
What do I do if Social Services requests assistance with scheduling
a Genetic Test? (PM 2004-8)
1.
An Order for genetic testing is required, either by the court or
administrative.
2.
Check to see if the child is already in OSCAR.
3.
Review all the child’s cases to determine if paternity testing may be
inappropriate, such as there is already a legal father or concerns for
the child’s safety.
4.
If there is a legal or safety issue, immediately contact the BCSE
Attorney to address the concerns with Social Services and/or the
Prosecuting Attorney.
5.
If there is no legal or safety concern, the BCSE must proceed
with paternity testing.
6.
Schedule tests in the normal way using the information provided by
Social Services.
7.
Provide the Social Service Worker with the original test results
upon receipt.
8.
Review the case to determine whether to open a Foster Care Case
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Page 33 of 33
or regular case in OSCAR.
I.
What do I do if one of the parties is incarcerated?
The BCSE must file a “Motion for Guardian Ad Litem” to be appointed for
the incarcerated individual. The complaint will then be served on the
Guardian Ad Litem.
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