TITLE 45 - PUBLIC WELFARE

SUBTITLE B - REGULATIONS RELATING TO PUBLIC WELFARE

CHAPTER III - OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT ENFORCEMENT PROGRAM), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

PART 310 - COMPREHENSIVE TRIBAL CHILD SUPPORT ENFORCEMENT (CSE) PROGRAMS

subpart c - TRIBAL CSE PLAN REQUIREMENTS

310.100 - What procedures for the establishment of paternity must a Tribe or Tribal organization include in a Tribal CSE plan?

  (a) A Tribe or Tribal organization demonstrates capacity to operate a Tribal CSE program meeting the objectives of title IV-D of the Act when its Tribal CSE plan includes the procedures that result in the establishment of paternity included in this section. For cases in which paternity has not been established, the Tribe must include in its Tribal CSE plan the procedures under which the Tribal CSE agency will: (1) Attempt to establish paternity by the process established under Tribal law, code, and/or custom; and (2) Provide an alleged father the opportunity to voluntarily acknowledge paternity.

  (b) The Tribal CSE agency need not attempt to establish paternity in any case involving incest or forcible rape, or in any case in which legal proceedings for adoption are pending, if, in the opinion of the Tribal CSE agency, it would not be in the best interests of the child to establish paternity.

  (c) When genetic testing is used to establish paternity, the Tribal CSE agency must identify and use accredited laboratories which perform, at reasonable cost, legally and medically acceptable genetic tests which tend to identify the father or exclude the alleged father.