Sec. 46b-168a. Genetic tests in IV-D support cases when paternity is at issue. Assessment of costs. Regulations. - Connecticut Statutes

      Sec. 46b-168a. Genetic tests in IV-D support cases when paternity is at issue. Assessment of costs. Regulations. (a) In any IV-D support case, as defined in subdivision (13) of subsection (b) of section 46b-231, in which the paternity of a child is at issue, or in any case in which a support enforcement agency is providing services to a petitioner in a proceeding under sections 46b-212 to 46b-213v, inclusive, in which the paternity of a child is at issue, the IV-D agency or the support enforcement agency shall require the child and all other parties other than individuals who have good cause for refusing to cooperate or who are subject to other exceptions to submit to genetic tests which shall mean deoxyribonucleic acid tests, to be performed by a hospital, accredited laboratory, qualified physician or other qualified person designated by such agency, to determine whether or not the putative father or husband is the father of the child, upon the request of any such party, provided such request is supported by a sworn statement by the party which either (1) alleges paternity and sets forth facts establishing a reasonable possibility of the requisite sexual contact between the parties, or (2) denies paternity and sets forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.

      (b) The costs of making the tests provided by this section shall be paid by the state, except that if the putative father is the requesting party and he subsequently acknowledges paternity or is adjudicated to be the father of the child, he shall be liable to the state for the amount of such costs unless he is found to be (1) a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or (2) otherwise indigent and unable to pay such costs. Any court or family support magistrate may order a father who is found liable for genetic testing costs under this subsection to reimburse the state for the amount of such costs. The contesting party shall make advance payment for any additional testing required in the event of a contest of the original test results.

      (c) The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to establish criteria for determining (1) good cause or other exceptions for refusing to cooperate under subsection (a) of this section, which shall include, but not be limited to, domestic violence, sexual abuse and lack of information and shall take into account the best interests of the child, and (2) the sufficiency of the facts establishing a reasonable possibility of the existence or nonexistence of the requisite sexual contact between the parties, as required under subsection (a) of this section.

      (June 18 Sp. Sess. P.A. 97-7, S. 21, 38; P.A. 03-89, S. 4; P.A. 06-149, S. 11.)

      History: June 18 Sp. Sess. P.A. 97-7 effective July 1, 1997; P.A. 03-89 amended Subsec. (a) by expanding genetic testing requirements to proceedings under Secs. 46b-212 to 46b-213v, inclusive, in which "support enforcement agency is providing services to a petitioner" and amended Subsec. (b) by adding provision re authority of court or family support magistrate to order adjudicated father to pay costs of genetic testing; P.A. 06-149 amended Subsec. (b) to substitute "except that" for "provided", add "subsequently acknowledges paternity" re liability to the state for costs of tests, replace reference to ability to pay in accordance with regulations with exemption from payment of costs if father found to be a low-income obligor or otherwise indigent and unable to pay costs, and rewrite provisions re reimbursement to the state, and deleted former Subsec. (c)(3) re regulations for payment of costs, effective June 6, 2006.