August 24, 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.

Governor Hickenlooper Signs Many More Bills into Law

Early this week, nineteen bills reached Governor John Hickenlooper’s desk. They comprised of the fifth group and sixth group of bills to emerge from the 2011 General Assembly.

  • HB 11-1030
    • Sponsored by Rep. B. Gardner and Sen. Boyd. Set Aside for Program Requiring the State to First Solicit Bids from Nonprofits Employing People with Severe Disabilities.
  • HB 11-1117
    • Sponsored by Reps. McCann and Court and Sen. S. King. Subpoenas Issued by Administrative Law Judges in Campaign Finance Proceedings.
  • HB 11-1148
    • Sponsored by Reps. Labuda and Nikkel and Sen. Boyd. Disclosure of Employment Information to an Employer Regarding a Health Care Worker and Immunity on Disclosing said Information.
  • HB 11-1202
    • Sponsored by Rep. Labuda and Sen. Tochtrop. Requiring Public Entities to have Appropriations Available Prior to Work by a Contractor Pursuant to a Change Order.
  • SB 11-002
    • Sponsored by Sen. Carroll and Rep. J. Kerr. Low-income Telephone Assistance Program Guidelines.
  • SB 11-020
    • Sponsored by Sen. Morse and Rep. Stephens. Authorization of Certain Employees of the Department of Law as Peace Officers.
  • SB 11-093
    • Sponsored by Sen. S. King and Rep. Vaad. Continuation of Interagency Task Force on Drunk Driving.
  • SB 11-101
    • Sponsored by Sen. Spence and Rep. Swalm. Continuation of Fixed Rate and Tuition Fee Program.
  • SB 11-103
    • Sponsored by Sens. Lundberg and Foster and Rep. Scott. Repeal of the Benefit Design Advisory Committee.
  • SB 11-104
    • Sponsored by Sen. Roberts and Rep. Holbert. Repeal of Community Accountability Program Advisory Board.
  • SB 11-106
    • Sponsored by Sen. Spence and Rep. Ferrandino. Repeal of the Science and Technology Education Grants Advisory Board.
  • SB 11-123
    • Sponsored by Sen. Foster and Rep. Summers. Technical Changes to Child Support Procedures.
  • SB 11-061
    • Sponsored by Sen. Spence and Rep. Ferrandino. Process for Appeals Under the “Exceptional Children’s Education Act.”
  • HB 11-1177
    • Sponsored by Reps. Sonnenberg and Jones and Sens. Schwartz and White. Extension of Voluntary Tax Contributions to the Healthy Rivers Fund.
  • HB 11-1031
    • Sponsored by Rep. Miklosi and Sen. Foster. Authorizing Specific Local Governments to Designate a Portion of their Territory as a Creative District.
  • HB 11-1040
    • Sponsored by Rep. Brown and Sen. Tochtrop. Increase in Term Length for State Conservation Board Members.
  • HB 11-1085
    • Sponsored by Rep. S. Schafer and Sen. Jahn. Guidelines for Referral of Offenders to Community Corrections.
  • SB 11-029
    • Sponsored by Sen. Hudak and Rep. Summers. Annual Reports of the State Board of Land Commissioners Regulations.
  • SB 11-086
    • Sponsored by Sen. Foster and Rep. Murray. Period Governing the Appeals of Taxpayers in Tax Disputes with Local Government.

For a complete list of Governor Hickenlooper’s 2011 legislation decisions click here.

SB 11-123: Technical Changes to Child Support Procedures

On January 31, 2011, Sen. Joyce Foster, D-Denver, and Rep. Ken Summers, R-Lakewood, introduced SB 123 – Concerning technical changes to child support procedures. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill:

  • Clarifies that a court shall not order genetic testing for a father whose paternity has been determined by another state, but the court may stay a proceeding for the father to pursue a nonparentage claim in another state. Additionally, the bill clarifies that a delegate child support enforcement unit shall not order genetic testing for a father whose paternity has been determined by another state.
  • Requires the parties in certain proceedings to provide social security numbers for themselves and for their children at the commencement of the proceedings;
  • Requires certain employer income-withholding payments to be processed through the Colorado family support registry and includes a statutory reference to those orders in the statute concerning the family support registry;
  • Clarifies the terminology for the type of costs that are reimbursed through the assignment of child support rights in foster care cases and removes obsolete language relating to the criteria for the assignment of child support rights to conform with current federal law;
  • Adds a reference to temporary assistance to needy families in the definition of child support debt as a type of public assistance that a family may be receiving;
  • Clarifies in the notice of financial responsibility for child support that an objection to paternity that was determined pursuant to the laws of another state must be resolved in the state where paternity was determined; and
  • Clarifies that a delegate child support enforcement unit may enter temporary orders relating to child support if paternity has been determined by another state.

The bill passed the Senate on February 16.

Since this summary, the bill was introduced in the House on February 21 and assigned to the Judiciary Committee.

Summaries of other featured bills can be found here.