August 21, 2019

State Board of Human Services Amends Rules Regarding Paternity Testing

The Colorado State Board of Human Services has amended the rules regarding genetic testing to establish paternity. The purpose of the proposed amendments is to align the Colorado rules on the issue with new state and federal laws.

The Colorado Legislature recently passed SB 11-123, effective August 10, 2011, which imposes limitations on genetic testing if paternity has previously been determined in another state. The proposed rule changes aim to eliminate any inconsistency between state law and the rules regarding genetic testing and administrative process; if the rules regarding other state paternity determinations are not changed to match the statute, the Board believes that it could result in genetic tests being conducted that are prohibited by statute, child support cases being dismissed inappropriately, entry of invalid orders, or irreversible delays in case processing, ending up with no child support for the children.

Additionally, the amended rules comply with federal regulations at 45 CFR 303.7 that became effective January 3, 2011, which require the responding state to pay for genetic testing costs and limit case closure reasons for a responding reciprocal case. If Colorado’s rules place the requirement on the initiating state, the Board believes that there is a risk that both states could collect the same amount from the noncustodial parent, resulting in a double payment, or that neither state would conduct the genetic tests, resulting in delays in case processing, again ending up with no child support for the children.

A hearing on the amended rules will be held on Friday, August 5, 2011 at the Colorado Department of Human Services, Conference Room 4A/B, 1575 Sherman Street, Denver, Colorado 80203, beginning at 10:00 am.

Full text of the proposed changes and edits to the rules can be found here. Further information about the rules and hearing can be found here.

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