OKDHS - OAC 340:75-6-31.5. Establishment of paternity

340:75-6-31.5. Establishment of paternity

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Revised 3-26-10

(a) In cases where paternity has not been legally established for a child in the custody of Oklahoma Department of Human Services (OKDHS), Child Welfare (CW): • 1

(1) requests the court to establish paternity in the juvenile court action; or
(2) cooperates with Oklahoma Child Support Services (OCSS) to establish paternity per the Uniform Parentage Act. • 1

(b) CW does not pursue a paternity action or request genetic testing when:

(1) paternity is voluntarily acknowledged in Oklahoma or another state and not rescinded within 60 days, per Sections 7700-301 through 7700-314 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 7700-301 through 7700-314);
(2) the child has a presumed father and a party initiates a challenge more than two years after the child's birth, per 10 O.S. §§ 7700-204 and 7700-607; or
(3) paternity is established by a district or administrative court order, per 10 O.S. §§ 7700-636.

(c) If no other conclusive presumption of paternity or court determination of paternity exists for a child, the parent(s) may complete and sign Form 03PA209E, Acknowledgment of Paternity. The CW worker refers the parent(s) to OCSS.

(1) OCSS provides Form 03PA209E, for voluntary acknowledgment of paternity, per 10 O.S. § 7700-312 and 63 O.S. §§ 1-311 and 1-311.3.
(2) Signed and witnessed forms must be filed with Oklahoma State Department of Health, Division of Vital Records. • 2

INSTRUCTIONS TO STAFF 340:75-6-31.5

Revised 3-26-10

1. Paternity establishment. For any child in Oklahoma Department of Human Services (OKDHS) custody for whom paternity has not been legally established, the Child Welfare (CW) worker views the Oklahoma Child Support Services (OCSS) Case Log Inquiry (CSLOGI) and Information and Referral Inquiry (CIRI) screens on the automated Oklahoma Support Information System (OSIS) no later than 30 days after the child's removal from the home to determine whether paternity has been established and documented by OCSS.

(1) When paternity has been legally established, per OAC 340:75-6-31.5(c), the CW worker:

(A) contacts the father;

(B) enters the father as a participating member in the KIDS case;

(C) explores placement of the child with the father or any other family member; and

(D) documents all contacts with the father and any family member in KIDS Contacts screen.

(2) When paternity has not been legally established, the CW worker:

(A) contacts the alleged father, if applicable;

(B) enters the alleged father as a participating member in the KIDS case, if applicable;

(C) documents attempts to establish paternity in KIDS Contacts screen;

(D) continues to pursue information from the mother and any other person who may have information regarding paternity of the child; and

(E) notifies the court and assistant district attorney of all alleged fathers.

2. A list by county of OCSS district office staff is located on the Infonet.

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