Code of Colorado Regulations
2500 - Department of Human Services
2504 - Child Support Services (Volume 6)
9 CCR 2504-1 - RULE MANUAL VOLUME 6, CHILD SUPPORT SERVICES RULES
Section 9 CCR 2504-1-6.603 - VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY [Rev. eff. 4/1/13]
Universal Citation: 9 CO Code Regs 2504-1, ยง 6.603
Current through Register Vol. 47, No. 5, March 10, 2024
County Child Support Services Units shall provide all parents who are applying for services with or are referred to the Child Support Services Unit with the opportunity to voluntarily acknowledge paternity at the Child Support Services office. The Child Support Services Unit shall provide to parents the voluntary acknowledgment form prescribed and furnished by the state registrar and oral and written state prescribed standardized notices stating the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment. Either the Child Support Services Unit or a party of the case shall forward the completed acknowledgement of paternity form to the Department of Public Health and Environment, the Division of Health Statistics and Vital Records, according to the instructions provided on the form.
6.603.1 RESCISSION OF A VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY [Rev. eff. 4/1/13]
A. A signed voluntary paternity
acknowledgment is considered a legal finding of paternity, subject to the right
of either party who signed the acknowledgment to rescind the acknowledgment
within the earlier of:
1. Sixty (60) calendar
days from the date signed; or,
2.
The date of a prior administrative or judicial proceeding relating to the child
in which the person who signed the paternity acknowledgment is a
party.
B. When a party
in a IV-D case notifies the Child Support Services Unit of his/her desire to
rescind his/her signature on a voluntary acknowledgement of paternity or to
contest paternity based on a voluntary acknowledgement of paternity and the
voluntary acknowledgement of paternity was filed with the Colorado Department
of Public Health and Environment, Division of Health Statistics and Vital
Records, and paternity has not been established by or pursuant to the laws of
another state, the Child Support Services Unit shall, through administrative
process, if appropriate, pursue the establishment of paternity and support and
order genetic testing.
1. If the results of
the genetic testing establish a threshold of probability of paternity of
ninety-seven percent (97%) or higher and the party continues to contest
paternity, the Child Support Services Unit shall proceed with administrative
process procedures to establish a temporary support order and request a court
hearing to obtain a court finding and order.
2. If the results of the genetic testing
establish a threshold of probability of paternity of ninety-seven percent (97%)
or higher and the party does not continue to contest paternity, the Child
Support Services Unit shall proceed with administrative process procedures to
establish an appropriate administrative process paternity and support
order.
3. If the results of the
genetic testing do not establish a threshold of probability of paternity of at
least ninety-seven percent (97%), the Child Support Services Unit may dismiss
the action or take such other appropriate action as allowed by law, including
filing a request for court hearing.
4. If the court finds that the parent who
signed the voluntary acknowledgment of paternity is not the legal father of the
child and orders that such parent's name be removed from that child's birth
certificate, the Child Support Services Unit shall notify the Department of
Public Health and Environment, Division of Health Statistics and Vital Records,
and request that they remove the party's name from the child's birth
certificate. The notification shall be either a certified copy of the court
order or a modified report of paternity determination, as prescribed by the
Division of Health Statistics and Vital Records.
6.603.2 CONTESTING PATERNITY ESTABLISHED BY A VOLUNTARY ACKNOWLEDGEMENT OF PATERNITY [Rev. eff. 4/1/13]
A. When a party in a IV-D case
notifies the county Child Support Services Unit of the desire to rescind
his/her signature on or contests paternity established by a voluntary
acknowledgement of paternity and there has been a prior administrative process
or judicial proceeding involving the party concerning the support of the child,
the party shall be advised to contact the court for resolution.
B. When a party in a IV-D case notifies the
county Child Support Services Unit of the desire to rescind his/her signature
on or contests paternity established by a voluntary acknowledgement of
paternity and there has been no prior administrative process or judicial
proceeding involving the party concerning the paternity or support of the
child, and the current proceeding is being conducted through an administrative
process action and it has been sixty or more calendar days since the
acknowledgment was signed and the father's name is on the child(ren)'s birth
certificate, and paternity has not been established by or pursuant to the laws
of another state, the Child Support Services Unit shall:
1. Enter an administrative process order for
genetic testing, then
2. Establish
an administrative process temporary order of financial responsibility and
request a court hearing to obtain a permanent court finding and order if the
genetic testing results show a ninety seven percent (97%) or greater
probability of parentage and the party continues to contest paternity,
or
3. If the genetic testing
results show a less than ninety-seven percent (97%) probability of parentage,
the county Child Support Services Unit may dismiss the action or take such
other appropriate action as allowed by law.
C. If the party withdraws his/her contest of
paternity at any time, even after genetic testing has been done and the
father's name is on the child's birth certificate, the delegate Child Support
Services Unit shall enter the appropriate administrative process order if the
genetic testing results do show a ninety-seven percent (97%) or greater
probability of paternity.
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