Proposed Rule2023-20607
Parentage Establishment in the Child Support Services Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 26, 2023
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
Office of Child Support Services (OCSS) proposes to replace the gender-specific term "paternity" with the gender-neutral term "parentage" throughout the Child Support Services Program to be inclusive of all family structures served by the child support services program. While title IV-D (Child Support and Establishment of Paternity) requires States and Tribes to have laws permitting the establishment of paternity and requiring genetic testing in contested paternity cases, OCSS also recognizes that title IV-D does not preclude States and Tribes from having parentage establishment laws and procedures for all families. The proposed changes to chapter III of the child support regulations recognize developments in State laws regarding parentage establishment and provide States and Tribes optional flexibility to establish parentage for all children in accordance with their laws, regardless of the gender of their parents or family structure.
Full Text
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<title>Federal Register, Volume 88 Issue 185 (Tuesday, September 26, 2023)</title>
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[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Proposed Rules]
[Pages 65928-65937]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20607]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 301, 302, 303, 304, 305, 307, 308, 309, and 310
RIN 0970-AC96
Parentage Establishment in the Child Support Services Program
AGENCY: Office of Child Support Services (OCSS), Administration for
Children and Families (ACF), Department of Health and Human Services
(HHS or the Department).
ACTION: Notice of proposed rulemaking.
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SUMMARY: Office of Child Support Services (OCSS) proposes to replace
the gender-specific term ``paternity'' with the gender-neutral term
``parentage'' throughout the Child Support Services Program to be
inclusive of all family structures served by the child support services
program. While title IV-D (Child Support and Establishment of
Paternity) requires States and Tribes to have laws permitting the
establishment of paternity and requiring genetic testing in contested
paternity cases, OCSS also recognizes that title IV-D does not preclude
States and Tribes from having parentage establishment laws and
procedures for all families. The proposed changes to chapter III of the
child support regulations recognize developments in State laws
regarding parentage establishment and provide States and Tribes
optional flexibility to establish parentage for all children in
accordance with their laws, regardless of the gender of their parents
or family structure.
DATES: Consideration will be given to written comments on this Notice
of Proposed Rulemaking (NPRM) received on or before November 27, 2023.
ADDRESSES: You may submit comments, identified by [docket number (ACF-
2023-0006) and/or Regulatory Information Number (RIN) 0970-AC96], by
one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Mail: Written comments may be submitted to: Office of
Child Support Services, Attention: Director of Policy and Training, 330
C Street SW, Washington, DC 20201.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking. All substantive comments
received will be posted without change
[[Page 65929]]
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Darryl Watts, Division of Policy and
Training, OCSS, telephone (202) 969-3621. Email inquiries to
<a href="/cdn-cgi/l/email-protection#4f202c3c3c612b3f3b0f2e2c296127273c61282039"><span class="__cf_email__" data-cfemail="503f3323237e342024103133367e3838237e373f26">[email protected]</span></a>. Telecommunications Relay users may dial 711
first.
SUPPLEMENTARY INFORMATION:
Submission of Comments
Comments should be specific, address issues raised by the proposed
rule, and explain reasons for any objections or recommended changes.
Additionally, we will be interested in comments that indicate agreement
with the proposals. We will not acknowledge receipt of the comments we
receive. However, we will review and consider all comments that are
relevant and are received during the comment period. We will respond to
these comments in the preamble to the final rule.
Proposal
OCSS proposes to replace the gender-specific term ``paternity''
with the gender-neutral term ``parentage'' throughout 45 CFR chapter
III to be inclusive of all family structures served by the child
support services program. OCSS further proposes to define ``parentage''
to mean the establishment of the legal parent-child relationship in
accordance with the laws of the State or Tribe. These proposed changes
to chapter III of the child support regulations recognize developments
in State laws regarding parentage establishment. The proposed
rulemaking explains that consistent with title IV-D, States and Tribes
have the option to expand their parentage establishment laws and
procedures to include establishment of parentage for children of same-
sex parents when establishment of paternity does not apply and that
such services are eligible for title IV-D matching funds. The proposed
rule also allows States to include same-sex parentage establishments in
program performance reports. This proposed rulemaking does not change
program requirements related to paternity establishment in cases
involving different-sex parents. While title IV-D requires States and
Tribes to have laws permitting the establishment of paternity and
requiring genetic testing in contested paternity cases, OCSS also
recognizes that establishment of the parent-child relationship is a
matter of State and Tribal laws, and that title IV-D does not preclude
States and Tribes from having parentage establishment laws and
procedures for same-sex parent families. The proposed rule provides
State and Tribal child support services programs needed flexibility to
ensure that all children in their caseloads can receive services to
enforce the support obligation of the parent who, under State or Tribal
laws, has a duty to provide support, regardless of the parent's gender
or sexual orientation. The proposed regulation is consistent with the
purpose of section 451 of the Social Security Act, which authorizes
funding to States and Tribes to ensure that ``assistance in obtaining
support will be available under this part [Title IV-D of the Social
Security Act] to all children . . . for whom such assistance is
requested.'' (Emphasis added).
This proposed regulation aligns with President Biden's Executive
orders on Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government, Executive Order 13985, 86
FR 7009 (January 20, 2021); Preventing and Combating Discrimination on
the Basis of Gender Identity or Sexual Orientation, Executive Order
13988, 86 FR 7023 (January 20, 2021); Advancing Equality for Lesbian,
Gay, Bisexual, Transgender, Queer, and Intersex Individuals, Executive
Order 14075, 87 FR 37189 (June 15, 2022); and Further Advancing Racial
Equity and Support for Underserved Communities Through the Federal
Government, Executive Order 14091, 88 FR 10825 (February 16, 2023).
These Executive orders address how the Federal Government should pursue
a comprehensive approach to advancing equity for all, including members
of the LGBTQI+ communities. This regulation is also consistent with the
recently enacted ``Respect for Marriage Act,'' Public Law 117-228
(December 13, 2022), which requires recognition of any marriage between
two individuals that is valid where created ``for the purposes of any
federal law, rule, or regulation in which marital status is a factor''
and requires States to provide full faith and credit to marriages
entered into in another State. Like the Respect for Marriage Act, this
proposed rule recognizes the existence of and legal needs of diverse
family structures.
Public Consultations With Tribes
To obtain the broadest public participation possible on the
proposed rule, OCSS plans to conduct a public consultation with tribes
during the comment period. The importance of consultation with Indian
Tribes was affirmed through Presidential Memoranda in 1994, 2004, 2009,
and 2022. This NPRM does not impose any burden or cost on Tribes, nor
does it impact the relationship or distribution of power between the
Federal Government and Tribes. This NPRM would permit, but not require,
Tribes to establish same-sex parentage and recognize parentage
established by other States and Tribes. In accordance with the
Memorandum on Uniform Standards for Tribal Consultation (November 30,
2022), ``agencies may still engage in Tribal Consultation even if they
determine that a policy will not have Tribal implications and should
consider doing so if they determine that a policy is of interest to a
Tribe or Tribes.''
We plan to publish a separate public notice in the Federal Register
with the specific location, date, and time of the consultation, and to
disseminate public notices to all comprehensive and start-up Tribal
child support services programs. Further information regarding this
consultation, including last-minute changes, will be available on the
OCSS website at <a href="https://www.acf.hhs.gov/css/child-support-professionals/tribal-agencies">https://www.acf.hhs.gov/css/child-support-professionals/tribal-agencies</a>.
At the consultation, Federal officials will explain and answer
questions to clarify the proposed rule. Persons who attend may make
oral presentations and/or provide written comments for the record. They
also may submit written comments to OCSS as explained earlier in this
preamble.
We encourage persons who make oral presentations at the
consultation to also submit written comments in support of their
presentations. We encourage any person who wishes to make an oral
presentation on the proposed rule at any of the consultation to
preregister before or at the consultation. We will provide specific
information on preregistration in the separate notice published on the
consultation. At the time of preregistration, we will record
identifying information about prospective presenters, such as name,
organization (if any), address, email address, and telephone number, so
that presenters can be accurately identified and properly introduced at
the consultation. Persons who preregistered will make their
presentations first; then, as time allows, persons who did not
preregister will make their presentations. Presentations must be about
the proposed rule, should be specific, and should include specific
recommendations for changes where appropriate. In fairness to other
participants, presentations should be concise and will be limited to a
maximum of 10 minutes each. To clarify presentations, we may ask
questions. Presentations will be recorded and included in the public
record of
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comments on the proposed rule unless a commenter does not want his or
her comments to be on the record.
At the consultation, we cannot address participants' concerns or
respond to questions about the proposed rule other than questions
asking for clarification. Instead, we will consider comments and
recommendations provided at the consultation, and written comments and
recommendations submitted as described earlier in this preamble, as we
draft the final rule. All comments made during consultation will be
recorded or summarized and placed in the rulemaking docket.
Statutory Authority
This NPRM is published under the authority granted to the Secretary
of Health and Human Services by section 1102, 452(a)(1), and 454(13) of
the Social Security Act (the Act) (42 U.S.C. 1302, 652(a)(1), and
654(13), respectively). Section 1102 of the Act authorizes the
Secretary to publish regulations not inconsistent with the Act as may
be necessary for the efficient administration of the functions with
which the Secretary is responsible under the Act. Section 452(a)(1) of
the Act authorizes the Secretary to ``establish such standards for
State programs for locating noncustodial parents, establishing
paternity, and obtaining child support and support for the spouse (or
former spouse) with whom the noncustodial parent's child is living as
he determines to be necessary to assure that such programs will be
effective.'' In addition, section 454(13) of title IV-D provides the
Secretary with broad authority to require states to ``comply with such
other requirements and standards as the Secretary determines to be
necessary to the establishment of an effective program for locating
noncustodial parents, establishing paternity, obtaining support orders,
and collecting support payments and provide that information requests
by parents who are residents of other States be treated with the same
priority as requests by parents who are residents of the State
submitting the plan.'' The regulation is also consistent with section
451 of the Act, which authorizes funding under title IV-D for the
purpose of ``assuring that assistance in obtaining support will be
available under this part [Title IV-D] to all children (whether or not
eligible for assistance under a State program funded under part A
[TANF]) for whom such assistance is requested.'' (Emphasis added).
Background
The millions of families served by the child support services
program are becoming increasingly diverse. In recognition of varied
family structures, States have changed parentage establishment laws to
address the financial and emotional needs of children and families.
Federal laws related to marriage, impacting legal and financial
parental responsibilities to children born of the marriage, have also
changed. This NPRM recognizes these developments in State and Federal
law by providing States and Tribes the option to provide full child
support services to all children, regardless of family structure,
consistent with the laws and procedures of their State or Tribe. These
proposed changes are authorized by sections 1102, 452(a)(1), and
454(13) of the Act, which provide the Secretary authority to establish
requirements and standards necessary for the effective operation of the
child support services program, and section 451 of the Act, authorizing
title IV-D funds for the purpose of ensuring all children receive
assistance in obtaining financial support from their parents. Replacing
the term ``paternity'' with the broader gender-neutral term
``parentage'' allows States and Tribes the option to provide essential
child support services to all families recognized under their laws. We
also propose to define ``parentage'' to mean the establishment of the
legal parent-child relationship in accordance with the laws of the
State or Tribe. The proposed changes clarify that title IV-D funded
services are available to all families and that States and Tribes have
the option to provide parentage establishment services to all families
without risking title IV-D plan compliance and include such
establishments in their title IV-D performance reports. The proposed
rule does not require States or Tribes to implement any changes to
their laws or procedures for establishing parentage.
Changes in Federal Law
In an effort to alleviate childhood poverty, title IV-D was enacted
in 1975 to focus on nonsupport by fathers, thus requiring states to
establish paternity, when appropriate, for all children born to
unmarried parents who either received public assistance benefits or
applied for title IV-D services. Since title IV-D includes only
``paternity'' establishment requirements, some States have been
concerned that funding under Title IV-D cannot be used to provide child
support services assistance to same-sex parents and their children,
which would effectively deny government services intended to ensure
that children receive financial support from their parents, regardless
of gender or sexual orientation, or existence of a biological
connection to their child. In the last several years, however, Federal
and State laws have changed in recognition of the growing diversity of
the American family-scape, to ensure that laws are applied equitably
and provide for the legal needs of families, regardless of their
structure.
In 2015, following the United States Supreme Court landmark civil
rights decision in United States v. Windsor, 570 U.S. 744 (2013),\1\
the Court held in Obergefell v. Hodges, 576 U.S. 644, that same-sex
couples have a fundamental right to marry, and that State law cannot
prohibit couples from exercising that right. The Court recognized that
marriage is part of a spectrum of personal choices concerning family
relationships, procreation, and childrearing protected by the
Constitution and that same-sex couples--like different-sex couples--
have the right to marry, establish a home, and bring up children, and
to have access to the ``rights, benefits, and responsibilities'' of
marital status, including identification in ``birth and death
certificates.'' \2\ The Supreme Court found that the due process and
equal protection clauses of the Fourteenth Amendment guaranteed same-
sex couples a right to enjoy the same access to legal marriage, and its
``constellation of benefits'' that different-sex couples traditionally
enjoy.\3\
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\1\ In Windsor, the Supreme Court struck section 3 of the
Defense of Marriage Act (DOMA) under the Due Process Clause of the
Fifth Amendment, holding that the Federal Government cannot define
the terms ``marriage'' and ``spouse'' in a way that excludes married
same-sex couples from the benefits and protections that married
different-sex couples receive.
\2\ Obergefell v. Hodges, 576 U.S. 644, 670 (2015).
\3\ Id.
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In 2017, the Supreme Court applied Obergefell to conclude that one
of those benefits was a presumption of parentage based on marriage. In
Pavan v. Smith, 582 U.S. 563 (2017), the Supreme Court held that a
State may not, consistent with Constitutional due process and equal
protection rights recognized in Obergefell, deny married same-sex
couples' inclusion on their children's birth certificates that the
State grants to married different-sex couples. The changes made by the
proposed rule are consistent with the fundamental rights analysis in
Windsor, Obergefell and Pavan. Those changes describe how title IV-D
programs should operate in light of the developments in State laws
[[Page 65931]]
prompted by those decisions and broader societal shifts. This NPRM does
not address the constitutionality of those State laws on establishment
and recognition of parentage but seeks to implement title IV-D,
pursuant to HHS's authority under the statute.
In 2022, in response to inquiries from States, OCSS issued Policy
Interpretation Question 22-02 (PIQ-22-02) \4\ clarifying that States
may, consistent with title IV-D plan requirements, establish same-sex
parentage to ensure that the State can establish child support orders
against the parent who, under State law, owes a duty of support. PIQ-
22-02 also clarified that Federal financial participation (FFP) under
title IV-D is allowable for such establishments. As stated in PIQ-22-
02, ``[t]he Act does not preclude States from adopting additional laws
on parentage, surrogacy, and assisted reproduction that define and
afford parental rights to same-sex parent families.'' PIQ-22-02 further
explained that:
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\4\ PIQ-22-02, Same-Sex Parents and Child Support Program
Requirements (March 29, 2022) is available at: <a href="https://www.acf.hhs.gov/css/policy-guidance/same-sex-parents-and-child-support-program-requirements">https://www.acf.hhs.gov/css/policy-guidance/same-sex-parents-and-child-support-program-requirements</a>.
OCSE recognizes that all children are entitled to child support
regardless of the gender or sexual orientation of their parents, and
that the main purpose of the program is to ensure that assistance in
obtaining support is available to all children for whom such
assistance is requested. We also recognize that establishment of the
parent-child relationship is a matter of state law and state child
support programs need flexibility to provide core child support
services, which include establishing support orders against the
parent who, under state law, has a duty to provide support.
Therefore, parentage establishment services provided to same-sex
parent families, though not required under title IV-D, are
permissible and eligible for FFP under 45 CFR 304.20(a)(1), which
authorizes FFP for reasonable and necessary expenses related to the
core title IV-D program functions of establishing and enforcing
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support orders. (Citation omitted).
By defining ``parentage'' to mean the establishment of the legal
parent-child relationship in accordance with the laws of the State or
Tribe and replacing the term ``paternity'' where it appears in the
child support regulations in 45 CFR chapter III with the term
``parentage,'' the proposed rule provides States and Tribes further
assurance that their same-sex parentage establishment laws, though not
required under title IV-D, are permissible and consistent with title
IV-D child support enforcement requirements, and that title IV-D funds
are available to provide child support services.
In December 2022, Congress enacted the Respect for Marriage Act
(RMA), Public Law 117-228 (Dec. 13, 2022), requiring the recognition of
marriage between two individuals that is valid where created ``for the
purposes of any Federal law, rule, or regulation in which marital
status is a factor.'' Congress recognized that ``millions of people,
including interracial and same-sex couples, have entered into marriages
and have enjoyed the rights and privileges associated with marriage.
Couples joining in marriage deserve to have the dignity, stability, and
ongoing protection that marriage affords to families and children.''
While the RMA does not address parental rights of same-sex parent
families, other rights such as parental rights and responsibilities
flow from marriage under state family law principles. These recent
developments in Federal law support the need to clarify parentage
establishment options under title IV-D.
Changes in State Law
The Uniform Parentage Act (UPA), first promulgated by the Uniform
Law Commission \5\ (ULC) in 1973, provides States with a uniform
framework for establishing parent-child relationships. The 1973 UPA
provided and established a network of presumptions used to determine a
child's legal parentage and removed the legal status of illegitimacy
for children born to unmarried parents. At the time, the ULC observed
that States needed new legislation on parentage establishment because
``the bulk of current law on the subject of children born out of
wedlock is either unconstitutional or subject to grave constitutional
doubt.'' \6\ Notably, the UPA has used the term ``parentage'' since
1973. In response to dramatically changing genetic and reproductive
technology, the ULC revised the UPA in 2002 to address acknowledgment
of paternity procedures, genetic testing, and surrogacy. Following the
Supreme Court decisions in Obergefell and Pavan, the ULC revised the
UPA again in 2017 to ensure the equal treatment of children born to
same-sex couples. Recognizing that the child support services program
is an important voice on changes to the UPA, the ULC invited OCSS and
the National Child Support Engagement Association (NCSEA) to
participate as official observers in the drafting process. The UPA
(2017) contains gender-neutral language and provides for parentage
establishment processes based on the marital presumption and voluntary
acknowledgment of parentage for unmarried same-sex parents.
Additionally, it includes provisions for the establishment of parentage
for individuals who do not have a biological relationship to the child,
specifically the intended parents of surrogacy agreements and unwed de
facto parents, as well as for children born through assisted
reproductive technology whose parent do not have a biological
relationship to their child. OCSS determined that these changes to the
UPA are not inconsistent with title IV-D of the Social Security Act
requirements. The proposed changes to chapter III will allow states
that have adopted the 2017 UPA to establish support orders against the
individual who, under State and Tribal laws, owes a duty of support,
without risking noncompliance with title IV-D requirements.
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\5\ The ULC develops model laws. States may adopt the laws
through their legislative process. On occasion, Federal law requires
states to adopt a model law as a condition of receiving Federal
funding, e.g., the Uniform Interstate Family Support Act, but the
UPA is not one of those laws. States may adopt the UPA at their
discretion.
\6\ See Prefatory Note to the 1973 UPA, available at: <a href="https://www.uniformlaws.org/viewdocument/final-act-with-comments-117?CommunityKey=10720858-ebe1-4e85-a275-40210e3f3f87&tab=librarydocuments">https://www.uniformlaws.org/viewdocument/final-act-with-comments-117?CommunityKey=10720858-ebe1-4e85-a275-40210e3f3f87&tab=librarydocuments</a>.
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According to the Census Bureau, approximately 15 percent (14.7
percent) of the 1.1 million same-sex couples in the United States in
2019 had at least one child under 18 in their household.\7\ Overall,
about 292,000 children had parents living with a same-sex partner or
spouse.\8\ To meet the needs of children with diverse family structures
in their States, many States have laws, either through State
legislation or case law, that recognize parental rights for intended,
but not genetically related, de facto parents--including nonmarital
families, families headed by same-sex couples, and families formed
through assisted reproduction.\9\ In addition, a growing number of
States have updated their laws regarding parentage establishment to be
able to address the legal, emotional, and financial needs of children
in diverse family structures where establishment of paternity would not
be appropriate. As of June 2023, seven States have adopted the 2017
UPA,\10\ and five States have introduced
[[Page 65932]]
legislation to adopt the 2017 UPA.\11\ At least 12 States and the
District of Columbia have enacted laws and adopted forms and procedures
allowing same-sex parents to use the voluntary acknowledgment process
to establish parentage.\12\ We also note that the Uniform Interstate
Family Support Act (UIFSA 2008), which all States are required to adopt
under title IV-D,\13\ uses the term ``parentage'' instead of paternity
for requirements governing interstate child support cases. We further
note that title IV-D does not preclude States from adopting laws on
parentage, surrogacy, and assisted reproduction that define and afford
parental rights to diverse families, including same-sex parents and
parents who do not have a biological relationship to the child. Title
IV-D also does not prohibit States and Tribes from providing full faith
and credit to same-sex parentage establishments made by any other State
or tribe according to its laws and procedures.
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\7\ Fifteen Percent of Same-Sex Couples Have Children in Their
Household, U.S. Census Bureau (January 17, 2020), available at:
<a href="https://www.census.gov/library/stories/2020/09/fifteen-percent-of-same-sex-couples-have-children-in-their-household.html">https://www.census.gov/library/stories/2020/09/fifteen-percent-of-same-sex-couples-have-children-in-their-household.html</a>.
\8\ Id.
\9\ Conover v. Conover, 141 A.3d 31, 47-48 (Md. 2016).
\10\ See UPA (2017), available at: <a href="https://www.uniformlaws.org/committees/community-home?CommunityKey=c4f37d2d-4d20-4be0-8256-22dd73af068f">https://www.uniformlaws.org/committees/community-home?CommunityKey=c4f37d2d-4d20-4be0-8256-22dd73af068f</a>. The seven states that have enacted the 2017 UPA are
California, Colorado, Connecticut, Maine, Rhode Island, Vermont, and
Washington. The 2017 changes to the UPA also address parentage
establishment for parents without a biological relationship to the
child, i.e., surrogacy, assisted reproduction. The changes to the
regulatory language will also allow such parents to participate in
the program without the state risking noncompliance with title IV-D
requirements.
\11\ Hawaii, Kansas, Nevada, Pennsylvania, and Massachusetts
have introduced legislation to adopt the 2017 UPA.
\12\ The 12 states are Maine, California, Connecticut,
Massachusetts, Vermont, Washington, Maryland, New York, Rhode
Island, Nevada, Colorado, and Delaware.
\13\ See section 466(f) of the Act, 42 U.S.C. 666(f)), providing
that ``In order to satisfy section 454(20)(A), each State must have
in effect the Uniform Interstate Family Support Act, as approved by
the American Bar Association on February 9, 1993, including any
amendments officially adopted as of September 30, 2008 by the
National Conference of Commissioners on Uniform State Laws.''
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OCSS and stakeholders within the child support community, including
the NCSEA, believe strongly that all children should be served
equitably by the Federal-State child support program.\14\ Child support
services programs play a critical role in addressing the changing needs
of families by providing family-centered services that best support the
financial and emotional needs of all children. The ability to provide
all children with services to obtain needed financial support is at the
heart of the title IV-D program. The proposed regulation implements
section 451 of the Act, which authorizes funding under to title IV-D
for the purpose of ``assuring that assistance in obtaining support will
be available under [part IV-D] to all children (whether or not eligible
for assistance under a State program funded under part A [TANF]) for
whom such assistance is requested.'' (Emphasis added). Since
establishment of a parent-child relationship is a preliminary step to
establishing a support obligation, and numerous States have adopted
laws and procedures to be able to serve the needs of the children in
their caseload, regardless of the gender and sexual orientation of
their parents or whether they are genetically related to their parent,
it is necessary that the language of the child support services program
regulations reflect such changes. The proposed changes assure that
children can receive assistance in obtaining financial support from the
parent who, under State or Tribal laws, has a duty to provide support.
This proposed rulemaking recognizes the changes in Federal and State
laws concerning the rights of individuals in LGBTQI+ communities, in
particular, State laws expanding the establishment of the parent-child
relationship and provides State and Tribal child support services
programs needed flexibility to serve all the families in their
caseloads.
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\14\ Quick Facts: Same Sex Parents, NCSEA, May 2020, available
at: <a href="https://www.ncsea.org/wp-content/uploads/2020/07/Quick-Facts-Same-Sex-Parents-2020.pdf">https://www.ncsea.org/wp-content/uploads/2020/07/Quick-Facts-Same-Sex-Parents-2020.pdf</a>.
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Genetic Testing Requirements in Contested Paternity Cases
As we stated in PIQ 22-02, sections 454 and 466 of the Act require
States to have laws permitting the establishment of paternity in cases
involving different-sex parents. These laws also require states to have
procedures requiring that the child and parties submit to genetic
testing, upon request, in any contested paternity case unless otherwise
barred by law. Section 454(20) of the Act requires States, to the
extent required by section 466 of the Act, have laws in effect and
implement laws to improve child support services program effectiveness.
Section 466(a)(5)(B) of the Act requires that States have procedures
for genetic testing in contested ``paternity'' cases upon request by a
party ``alleging paternity, and setting forth facts establishing a
reasonable possibility of the requisite sexual contact between the
parties.'' This provision also states that genetic testing may not be
required if ``otherwise barred by State law'' and recognizes that
``good cause and other exceptions for refusing to cooperate'' with
genetic testing may exist. Section 466(a)(5)(B), therefore, generally
will not impact parentage laws for cases involving same-sex parent
families.
Similarly, section 466(a)(5)(G) of the Act requires that States
have ``[p]rocedures which create a rebuttable or, at the option of the
State, conclusive presumption of paternity upon genetic testing results
indicating a threshold probability that the alleged father is the
father of the child.'' Congress added this provision to the Act in
1993, when genetic testing was emerging as scientifically reliable
evidence to establish whether a man was biologically related to a
child. As OCSS explained in its final rule issued in 1994, the
presumption based on genetic test results was intended to ``expedite
paternity resolution'' \15\ by requiring that ``a presumption of
paternity be based upon genetic test results indicating a threshold
probability of the alleged father being the father of the child.'' \16\
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\15\ Final Rule: Child Support Enforcement Program: Paternity
Establishment and Revision of Child Support Enforcement Program and
Audit Regulations 59 FR 66204, 66208 (December 23, 1994).
\16\ Id. at 66228.
---------------------------------------------------------------------------
The proposed regulation would not modify these requirements. States
must still comply with title IV-D requirements for establishment of
paternity and genetic testing in contested paternity cases ``as
appropriate.'' See section 454(4)(A) of the Act and 45 CFR 303.5. To
ensure that these title IV-D requirements continue to apply, in nine
places in chapter III, we incorporate by cross-reference the
requirements of section 466(a)(5)(B) of the Act regarding genetic
testing in contested paternity cases. These provisions are 45 CFR
302.70(a)(5)(ii), (v) and (vi), 303.5(c), (d)(1), (e)(1) and (3),
303.11(b)(6)(ii), and 304.12(4)(iv). Since title IV-D's paternity
establishment provisions do not address contested parentage cases
between same-sex parents, States and Tribes have flexibility to resolve
such cases in accordance with State or Tribal laws and procedures.
Full Faith and Credit of Parentage Establishment
Section 451 of title IV-D provides funding to States and Tribes to
assure all children receive assistance in obtaining financial support
from their parents. This provision does not limit Federal funding of
child support services to children born to different-sex parents.
Section 452(a)(1) of the Act provides authority to establish standards
``to assure that [State child support] programs will be effective'' in
obtaining child support orders. Section 454(13) of the Act provides
authority to establish such other requirements in the title IV-D
program necessary for the program to be effective ``in locating
noncustodial parents, establishing
[[Page 65933]]
paternity, obtaining support orders, and collecting support payments
and provide that information requests by parents who are residents of
other States be treated with the same priority as requests by parents
who are residents of the State submitting the plan.'' Together, these
provisions make clear that the ultimate goal of the child support
services program is to ensure that children receive financial support
from their parents. These title IV-D program statutes provide the legal
basis for rulemaking that allows State programs to be more effective in
serving the child support needs of all children, regardless of the
gender or sexual orientation of their parents.
Parentage Established by Order of Adoption
While Federal law defers to State law on parentage establishment,
with regard to interstate recognition of another State's parentage
order, current law requires States to recognize parentage established
by judicial determination of another State, even if such determination
may be at odds with the State's own parentage laws. The Full Faith and
Credit Clause of Article IV, Section 1 of the Constitution requires
States to recognize and give effect ``to the public acts, records and
judicial proceedings of every other State.'' This Constitutional
provision requires States to recognize parentage of same-sex parents
established through adoption. After Obergefell, the Supreme Court in
V.L. v. E.L., 577 U.S. 404 (2016), summarily reversed a State court's
decision refusing to provide full faith and credit to another State's
order of adoption by a same-sex parent.\17\ In doing so, the Supreme
Court reaffirmed that court judgments, including adoption decrees of
same-sex parents, are entitled to the most ``exacting form'' of full
faith and credit, meaning that they are enforceable in every state
regardless of which State issued the decree. Many same-sex parents use
the adoption process to establish the legal relationship with their
children and secure their rights and obligations as parents. Although
many States have streamlined the adoption process for married parents,
which reduces the cost and time involved in the adoption process, OCSS
recognizes that even with streamline procedures, the cost of adoption
makes the adoption process difficult to access for many parents.
---------------------------------------------------------------------------
\17\ See also Finstuen v. Crutcher, 496 F.3d 1139, 1156 (10th
Cir. 2007).
---------------------------------------------------------------------------
Parentage Established by Marital Presumption
States also recognize another state's parentage establishment
through the application of the marital presumption. Under the marital
presumption doctrine, when a woman gives birth to a child, her spouse
is presumed to be the biological parent. OCSS policy since 1995 has
recognized that birth certificates provide sufficient evidence of
parentage.\18\ The marital presumption establishes legal rights and
obligations of spouses to the child born during the marriage, unless
rebutted under strict procedural State laws and procedures. As
described earlier, in Pavan, the Supreme Court held that States must
provide married same-sex parents the same right as married different-
sex parents to be included on their child's birth certificate. In so
holding, the Court noted that ``differential treatment infringes
Obergefell's commitment to provide same-sex couples ``the constellation
of benefits that the States have linked to marriage.'' '' \19\ Thus,
application of the marital presumption, if not rebutted, establishes
the parentage of children born to the marriage, and applies even when a
birth parent spouse is not the biological parent of the child, and
regardless of the spouse's gender or sexual orientation.
---------------------------------------------------------------------------
\18\ See OCSS DCL-95-40, Determining Paternity for Children Born
Out of Wedlock, available at <a href="https://www.acf.hhs.gov/css/policy-guidance/determining-paternity-children-born-out-wedlock">https://www.acf.hhs.gov/css/policy-guidance/determining-paternity-children-born-out-wedlock</a>.
\19\ Pavan v. Smith, 582 U.S. 563, 564, quoting Obergefell, 576
U.S. at 646-647; see also McLaughlin v. Jones, 401 P.3d 492 (Ariz.
2017) (relying on Obergefell and Pavan in holding that the state's
refusal to apply the marital presumption equally to same-sex spouses
would violate the due process and equal protection clauses of the
U.S. Constitution). The holdings in Obergefell and Pavan have also
been extended by the U.S. District Court of Utah to require
recognition of married same-sex spouse of a mother who gave birth to
their child through assisted reproduction to the same extent as the
state recognizes parentage of male spouses in the same situation.
See Roe v. Patton, 2015 WL 4476734.
---------------------------------------------------------------------------
Parentage Under UIFSA
In addition, parentage established in another State, that is the
basis of an interstate child support proceeding under UIFSA, must be
accepted by the responding State. States adopted UIFSA 2018 verbatim as
required by sections 454(a)(20) and 466(f) of the Act.\20\ Section 315
of UIFSA 2008 prohibits non-parentage to be raised as a defense in an
interstate child support proceeding.\21\ Thus, any challenge to
parentage must be resolved in the State that issued the parentage
determination. If a challenge is not brought in the issuing State, or
is unsuccessful, the State receiving the interstate child support
services request must recognize the parent-child relationship
established in accordance with the laws of the issuing State.
---------------------------------------------------------------------------
\20\ See section 466(f) of the Act, 42 U.S.C. 666(f)), providing
that ``In order to satisfy section 454(20)(A), each State must have
in effect the Uniform Interstate Family Support Act, as approved by
the American Bar Association on February 9, 1993, including any
amendments officially adopted as of September 30, 2008 by the
National Conference of Commissioners on Uniform State Laws.'' See
also AT-14-11, Pub. L. 113-183 UIFSA 2008 Enactment, available at:
<a href="https://www.acf.hhs.gov/css/policy-guidance/pl-113-183-uifsa-2008-enactment">https://www.acf.hhs.gov/css/policy-guidance/pl-113-183-uifsa-2008-enactment</a>, requiring states to adopt UIFSA 2008 verbatim.
\21\ Section 315 of UIFSA provides states: ``SECTION 315.
NONPARENTAGE AS DEFENSE. A party whose parentage of a child has been
previously determined by or pursuant to law may not plead
nonparentage as a defense to a proceeding under this [Act].
---------------------------------------------------------------------------
Voluntary Acknowledgement of Parentage (VAP)
Section 466(a)(5)(C) of title IV-D requires States to enact laws
ensuring a simple civil process for voluntarily acknowledging parentage
(VAP). The changes made by the proposed rule provide States and Tribes
the option to update forms used in the voluntary acknowledgment of
parentage process to include gender-neutral terms. In addition, States
and Tribes may extend use of the form, in accordance with State and
Tribal laws and procedure, to establish parentage of children born to
unmarried same-sex couples. A small but growing number of States now
explicitly allow parents of any gender and non-biological parents to
sign VAPs. Sections 466(a)(5)(C)(iv) and (a)(11) of the Act, 42 U.S.C.
666(a)(5)(C)(iv) and (a)(11), require States to give full faith and
credit to voluntary acknowledgment of parentage signed in any other
State according to its procedures, however, the plain language of title
IV-D imposes this requirement of recognition on paternity
determinations only. This rulemaking does not propose to change this
title IV-D requirement established by statute. Accordingly, under this
proposed rule, States and Tribes may, at their option, recognize same-
sex parentage established through the laws and procedures for the
voluntary acknowledgment process in another State. OCSS encourages
States and Tribes to do so to promote cooperation in interstate child
support cases and to ensure that children can receive financial
assistance from their parent and are not denied the benefit of having a
relationship with, and emotional support of both their parents,
regardless of their family's structure.
[[Page 65934]]
Impact on Performance Measures
Section 452(g) of the Act, 42 U.S.C. 652(g), requires States to
achieve certain performance levels in order to avoid program penalties
and makes them eligible to receive incentive funds under section 458 of
the Act, 42 U.S.C. 658a, based on performance. The incentive and
penalty provisions of title IV-D are implemented through 45 CFR 305.0
through 305.66. The incentive system measures State performance levels
in the following five program areas: paternity establishment, support
order establishment, current collections, arrearage collections, and
cost-effectiveness. The penalty system measures State performance in
the following three areas: paternity establishment, support order
establishment, and current collections. Under the current
interpretation of title IV-D, a State that provides parentage
establishment services for same-sex parents may not include those
establishments in reporting program performance measures. This
rulemaking would provide States the option to include parentage
establishment for same-sex parents for the purposes of measuring their
parentage establishment performance.
A State's paternity establishment percentage (PEP) is determined by
dividing the total number of children in the IV-D caseloads in the
fiscal year (or, at the option of the State, as of the end of the
fiscal year) born out-of-wedlock with paternity established or
acknowledged by the total number of children in the IV-D caseloads as
of the end of the preceding fiscal year who were born out-of-
wedlock.\22\ As States have moved forward with updating State law and
child support services program policies to meet the needs of same-sex
parents and their children, several States have asked OCSS for guidance
on Federal reporting requirements. In 2022, OCSS issued PIQ-22-02 to
clarify that the provisions in title IV-D of the Social Security Act
mandating paternity establishment laws do not preclude States from
adopting parentage laws and procedures for same-sex parent families.
The establishment of the parent-child relationship is a matter of State
law. State child support services programs need flexibility to provide
core child support services, which include establishing support orders
against the parent who, under State law, has a duty to provide support.
PIQ-22-02 clarified that parentage establishment services provided to
same-sex parent families, though not required under title IV-D, are
reasonable and necessary expenses related to the core title IV-D
program functions of establishing and enforcing orders, thus making
them eligible for FFP under 45 CFR 304.20(a)(1).
---------------------------------------------------------------------------
\22\ 42 U.S.C. 652(g)(2).
---------------------------------------------------------------------------
Section 452(g)(3)(A) allows the Secretary to ``modify the
requirements of [subsection 452g] to take into account such additional
variables as the Secretary identifies (including the percentage of
children in a State who are born out of wedlock or for whom support has
not been established) that affect the ability of a State to meet the
requirements of this subsection.'' Section 458(e) grants the Secretary
the authority to ``prescribe such regulations as may be necessary
governing the calculation of incentive payments under this section.''
In addition, section 454(13) of title IV-D provides the Secretary with
broad authority to require States to ``comply with such other
requirements and standards as the Secretary determines to be necessary
to the establishment of an effective program for locating noncustodial
parents, establishing paternity, obtaining support orders, and
collecting support payments and provide that information requests by
parents who are residents of other States be treated with the same
priority as requests by parents who are residents of the State
submitting the plan.'' These authorities provide the legal basis for
allowing States to report same-sex parentage establishments for program
performance purposes to ensure that the program is effective in
establishing support orders and collecting support, regardless of the
structure of their families. Accordingly, the proposed rule provides
States the option to include parentage established for children under
the laws and procedures of the State or Tribe for same-sex parents in
reporting the PEP.
Section by Section Discussion
The NPRM proposes to make a nomenclature change, to remove the term
``paternity'' wherever it appears throughout 45 CFR chapter III, within
titles, images, sections, and paragraphs, and replace it with the
gender-neutral term ``parentage.'' This proposed change recognizes that
numerous States have updated their laws and procedures to meet the
legal, financial, and emotional needs of the families in their
jurisdiction ensuring that all children in their caseloads can receive
child support services and support from their parents, regardless of
the structure of their family. The proposed change makes clear that
title IV-D accommodates those updated State laws. This change will take
place in the parts of chapter III shown in the following table:
------------------------------------------------------------------------
Part Sections
------------------------------------------------------------------------
301....................................... 301.1.
302....................................... 302.17, 302.31, 302.33,
302.34 and 302.70.
303....................................... 303.4, 303.5, 303.11,
303.20, 303.70 and 303.101.
304....................................... 304.12 and 304.20.
305....................................... 305.1, 305.2, 305.31,
305.33, 305.40, 305.61,
305.62, and 305.63.
307....................................... 307.10 and 307.11.
308....................................... 308.2.
309....................................... 309.05, 309.15, 309.55,
309.65, 309.80, 309.85,
309.90, 309.100, 309.145
and 309.170.
310....................................... 310.10.
------------------------------------------------------------------------
In Sec. 301.1 General Definitions, OCSS proposes to add a
definition for the term ``parentage'' as used in chapter III to mean
``the establishment of the legal parent-child relationship in
accordance with the laws and procedures of the State or Tribe.''
The NPRM further proposes to cross-reference section 466(a)(5)(B)
of the Act regarding genetic testing requirements in the following
sections to make clear that title IV-D requirements regarding genetic
testing continue to apply in cases involving different-sex parents,
where paternity is contested. These cross-references are included in
Sec. Sec. 302.70(a)(5)(ii), (v) and (vi), 303.5(c), (e)(1) and (3),
303.11(b)(6)(ii), and 304.12(b)(4)(iv). States must continue to require
genetic testing to establish paternity in contested cases as
appropriate. Under Sec. 303.11(b)(6)(iv) we propose to remove
``biological'' and add ``putative'' in its place. OCSS proposes to
amend Sec. 309.145(b)(2) by adding the word ``putative'' immediately
following the word ``child's'' in the sentence.
OCSS also proposes to make changes to replace the gender-specific
terms ``mother'' and ``father'' with the gender-neutral term ``parent''
where such terms appear in chapter III. These provisions are Sec. Sec.
302.70(a)(5)(iii) and (vi), 303.4(d), 303.5(a)(1), (c), (e)(3),
(g)(2)(i) and (ii) and (3), 303.7(e)(1), 303.11(b)(4) and (6),
303.70(a) and (d)(1), 303.101(b)(2)(iii), 304.20(b)(2)(i), 305.1(a),
307.11(e)(ii), (f)(1)(ix), 307.13(a)(4)(iii), 308.2(h)(2),
309.100(a)(2) and (c), 309.145(b)(2), 310.10(a)(3(iii). Additionally,
in Sec. 303.20(c)(2) we propose to remove the words, ``his or her''
and replace it with ``their.'' Under Sec. 305.2, we propose replacing
images below paragraph (a)(1)(i) and paragraph (a)(1)(ii) with images
that represents the equation to compute ``IV-D Parentage Establishment
Percentage'' and ``Statewide Parentage
[[Page 65935]]
Establishment Percentage'' respectively. Under Sec. 303.101(c)(3), we
propose adding the words ``made by judicial or administrative process''
to immediately follow the word ``determination.''
OCSS further proposes to cross-reference sections 466(a)(5)(C)(iv)
and (a)(11) of the Act addressing full faith and credit requirements
for parentage determinations in Sec. 302.70(a)(11) that continue to
apply to paternity determinations. Accordingly, the proposed change
requires States to ``give full faith and credit to a determination of
parentage made by any other State in accordance with sections
466(a)(5)(C)(iv) and (a)(11) of the Act, whether established through
voluntary acknowledgment or through administrative or judicial
processes.'' The proposed change makes clear that full faith and credit
requirements apply to paternity determinations, however, States and
Tribes may, at their option, recognize same-sex parentage establishment
determined in accordance with the laws and procedures of another State
or Tribe.
Effective Dates
The proposed effective date will be 60 days from the date of
publication of the final rule. There are no compliance dates for this
proposed regulation because the inclusion of parentage establishment in
the Child Support Services program is an optional criterion.
Impact Analysis
Paperwork Reduction Act of 1995
The Department has determined that this proposed rule does not
impose new information collection requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3521).
Regulatory Flexibility Analysis
The Secretary proposes to certify, under 5 U.S.C. 605(b), as
enacted by the Regulatory Flexibility Act (Pub. L. 96-354), that this
proposed rule, if finalized, would not result in a significant impact
on a substantial number of small entities. The primary impact is on
state governments. State governments are not considered small entities
under the Act.
Regulatory Impact Analysis
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if the
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This proposed rule, if finalized, would not result in economic impacts
that exceed the monetary threshold for significance in section 3(f)(1)
of Executive Order 12866 (as amended by Executive Order 14094).
However, the regulation is significant and has been reviewed by the
Office of Management and Budget.
Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 requires
that a covered agency prepare a budgetary impact statement before
promulgating a rule that includes any Federal mandate that may result
in the expenditure by State, Tribal and Local governments, in the
aggregate, or by the private sector of $100 million or more in any one
year. This $100 million threshold was based on 1995 dollars. The
current threshold, adjusted for inflation is $177 million. This
proposed rule, if finalized, would not impose a mandate that will
result in the expenditure by State, Local, and Tribal governments, in
the aggregate, or by the private sector, of more than $177 million in
any one year.
Assessment of Federal Regulations and Policies on Families
Section 654 of the Treasury and General Government Appropriations
Act of 1999 requires Federal agencies to determine whether a policy or
regulation may negatively affect family well-being. If the agency's
determination is affirmative, then the agency must prepare an impact
assessment addressing seven criteria specified in the law. The required
review of the regulations and policies to determine their effect on
family well-being has been completed, and this rulemaking will have a
positive impact on family well-being as defined in the legislation by
helping to ensure that parents support their children, even when they
reside in separate jurisdictions, and will strengthen personal
responsibility and increase disposable family income.
Executive Order 13132
Executive Order 13132 prohibits an agency from publishing any rule
that has federalism implications if the rule either imposes substantial
direct compliance costs on state and local governments or is not
required by statute, or the rule preempts state law, unless the agency
meets the consultation and funding requirements of section 6 of the
Executive order. This proposed rule does not have a federalism impact
as defined in the Executive order.
Jeff Hild, Acting Assistant Secretary of the Administration for
Children and Families, approved this document on August 30, 2023.
List of Subjects
45 CFR Part 301
Child support, State Plan Approval and Grant Procedures.
45 CFR Part 302
Child support, State Plan Requirements.
45 CFR Part 303
Child support, Standards for Program Operations.
45 CFR Part 304
Child support, Federal Financial Participation.
45 CFR Part 305
Child support, Program Performance Measures, Standards, Financial
Incentives, and Penalties.
45 CFR Part 307
Child support, Computerized Support Enforcement Systems.
45 CFR Part 308
Child support, Annual State Self-Assessment Review and Report.
45 CFR Part 309
Child support, Tribal Child Support Enforcement (IV-D) program.
45 CFR Part 310
Child support, Computerized Tribal IV-D Systems and Office
Automation.
Dated: September 19, 2023.
Xavier Becerra,
Secretary, Department of Health and Human Services.
For the reasons discussed in the preamble, the Department of Health
and Human Services proposes to amend 45 CFR chapter III as follows:
PART 301--STATE PLAN APPROVAL AND GRANT PROCEDURES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667,
1301, and 1302.
0
2. Amend Sec. 301.1 by removing the word ``paternity'' and adding in
its place the word ``parentage'' in the definition for ``Attorney of a
Child'', and adding, in alphabetical order, the definition for
``Parentage'' to read as follows:
[[Page 65936]]
Sec. 301.1 General definitions.
* * * * *
Parentage means the establishment of the legal parent-child
relationship in accordance with the laws of the State or Tribe.
* * * * *
PART 302--STATE PLAN REQUIREMENTS
0
3. The authority citation for part 302 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667,
1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).
0
4. Amend part 302 by:
0
a. Removing the word ``paternity'' wherever it appears, and adding in
its place the word ``parentage'';
0
b. Removing the word ``mother'' wherever it appears, and adding in its
place the word ``parent''; and
0
c. Removing the word ``father'' wherever it appears, and adding in its
place the word ``parent''.
0
5. Amend Sec. 302.70 by:
0
a. In paragraph (a)(5)(ii), adding the words ``as required by section
466(a)(5)(B) of the Act'' immediately following the words ``genetic
tests''; and
0
b. Revising paragraphs (a)(5)(v) and (vi) and (a)(11).
The revisions read as follows:
Sec. 302.70 Required State laws.
(a) * * *
(5) * * *
(v) Procedures which provide that any objection to results of
genetic testing required under section 466(a)(5)(B) of the Act must be
made in writing within a specified number of days before any hearing at
which such results may be introduced into evidence; and if no objection
is made, a report of the test results, which is reflected in a record,
is admissible as evidence of parentage without the need for foundation
testimony or other proof of authenticity or accuracy;
(vi) Procedures which create a rebuttable or, at the option of the
State, conclusive presumption of parentage upon the results of genetic
testing required under section 466(a)(5)(B) of the Act indicating a
threshold probability of the alleged parent being the parent of the
child;
* * * * *
(11) Procedures under which the State must give full faith and
credit to a determination of parentage made by any other State in
accordance with sections 466(a)(5)(C)(iv) and (a)(11) of the Act,
whether established through voluntary acknowledgment or through
administrative or judicial processes.
* * * * *
PART 303--STANDARDS FOR PROGRAM OPERATIONS
0
6. The authority citation for part 303 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 663, 664, 666,
667, 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and
1396(k), and 25 U.S.C. 1603(12) and 1621e.
0
7. Amend part 303 by:
0
a. Removing the word ``paternity'' wherever it appears, and adding in
its place the word ``parentage'';
0
b. Removing the word ``mother'' wherever it appears, and adding in its
place the word ``parent''; and
0
c. Removing the word ``father'' wherever it appears, and adding in its
place the word ``parent''.
0
8. Amend Sec. 303.5 by revising the section heading, paragraphs (c),
(e)(1) and (3), and (g)(2)(i)(C) to read as follows:
Sec. 303.5 Establishment of parentage.
* * * * *
(c) The IV-D agency must identify and use through competitive
procurement laboratories which perform, at reasonable cost, legally and
medically acceptable genetic tests required under section 466(a)(5)(B)
of the Act which tend to identify the parent or exclude the alleged
parent. The IV-D agency must make available a list of such laboratories
to appropriate courts and law enforcement officials, and to the public
upon request.
* * * * *
(e)(1) Except as provided in paragraph (e)(3) of this section, the
IV-D agency may charge any individual who is not a recipient of aid
under the State's title IV-A or XIX plan a reasonable fee for
performing genetic tests required under section 466(a)(5)(B) of the
Act.
* * * * *
(3) If parentage is established and genetic tests were ordered by
the IV-D agency in accordance with section 466(a)(5)(B) of the Act, the
IV-D agency must pay the costs of such tests, subject to recoupment (if
the agency elects) from the alleged parent who denied parentage. If a
party contests the results of an original test, the IV-D agency shall
obtain additional tests but shall require the contestant to pay for the
costs of any such additional testing in advance.
* * * * *
(g) * * *
(2) * * *
(i) * * *
(C) Notice, orally or through video or audio equipment, and in
writing, of the alternatives to, the legal consequences of, and the
rights (including any rights, if a parent is a minor, due to minority
status) and responsibilities of acknowledging parentage, and
* * * * *
Sec. 303.11 [Amended]
0
8. Amend Sec. 303.11 by:
0
a. In paragraph (b)(6)(ii), adding the words ``as required by section
466(a)(5)(B) of the Act'' immediately following the words ``genetic
test''; and
0
b. In paragraph (b)(6)(iv) by removing the word ``biological'' and
adding in its place the word ``putative''.
Sec. 303.20 [Amended]
0
9. Amend Sec. 303.20, in paragraph (c)(2), by removing the words ``his
or her'' and in adding in their place the word ``their''.
Sec. 303.70 [Amended]
0
10. Amend Sec. 303.70, in paragraph (a), by removing the word
``fathers'' and adding in its place the word ``parents''.
Sec. 303.101 [Amended]
0
11. Amend Sec. 303.101, in paragraph (c)(3), by adding the words
``made by judicial or administrative process'' immediately following
the word ``determination''.
PART 304--FEDERAL FINANCIAL PARTICIPATION
0
12. The authority citation for part 304 continues to read as follows:
Authority: 42 U.S.C. 651 through 655, 657, 1302, 1396a(a)(25),
1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).
0
13. Amend part 304 by:
0
a. Removing the word ``paternity'' wherever it appears, and adding in
its place the word ``parentage''; and
0
b. Removing the word ``father'' wherever it appears, and adding in its
place the word ``parent''.
Sec. 304.12 [Amended]
0
14. Amend Sec. 304.12, in paragraph (b)(4)(iv), by adding the words
``in accordance with section 466(a)(5)(B) of the Act'' immediately
following the words ``determining parentage''.
PART 305--PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL
INCENTIVES, AND PENALTIES
0
15. The authority citation for part 305 continues to read as follows:
Authority: 42 U.S.C. 609(a)(8), 652(a)(4) and (g), 658a, and
1302.
0
16. Amend part 305 by removing the word ``paternity'' wherever it
appears, and adding in its place the word ``parentage''.
[[Page 65937]]
Sec. 305.1 [Amended]
0
17. Amend Sec. 305.1, in paragraph (a), by removing the text
``(mother, father, or putative father)'' and adding in its place the
text ``or putative parent''.
0
18. Amend Sec. 305.2 by revising the equations in paragraphs (a)(1)(i)
and (ii) to read as follows:
Sec. 305.2 Performance measures.
(a) * * *
(1) * * *
(i) * * *
[GRAPHIC] [TIFF OMITTED] TP26SE23.025
(ii) * * *
[GRAPHIC] [TIFF OMITTED] TP26SE23.026
* * * * *
0
19. Amend part heading for part 307 to read as follows:
PART 307--COMPUTERIZED SUPPORT SERVICES SYSTEMS
0
20. The authority citation for part 307 continues to read as follows:
Authority: 42 U.S.C. 652 through 658, 664, 666 through 669A, and
1302.
0
21. Amend part 307 by:
0
a. Removing the word ``paternity'' wherever it appears, and adding in
its place the word ``parentage''; and
0
b. Removing the word ``father'' wherever it appears, and adding in its
place the word ``parent''.
PART 308--ANNUAL STATE SELF-ASSESSMENT REVIEW AND REPORT
0
22. The authority citation for part 308 continues to read as follows:
Authority: 42 U.S.C. 654(15)(A) and 1302.
Sec. 308.2 [Amended]
0
23. Amend Sec. 308.2 by:
0
a. In paragraphs (b), (b)(2)(iv), and (h)(1), removing the word
``paternity'' and adding in its place the word ``parentage''; and
0
b. In paragraph (h)(2), removing the word ``father'' and adding in its
place the word ``parent''.
* * * * *
PART 309--TRIBAL CHILD SUPPORT SERVICES (IV-D) PROGRAM
0
25. The authority citation for part 309 continues to read as follows:
Authority: 42 U.S.C. 655(f) and 1302.
0
26. Revise the heading to part 309 to read as set forth above.
0
27. Amend part 309 by:
0
a. Removing the word ``paternity'' wherever it appears, and adding in
its place the word ``parentage''; and
0
b. Removing the word ``father'' wherever it appears, and adding in its
place the word ``parent''
Sec. 309.145 [Amended]
0
28. Amend Sec. 309.145, in paragraph (b)(2), by adding the word
``putative'' immediately following the word ``child's''.
PART 310--COMPUTERIZED TRIBAL IV-D SYSTEMS AND OFFICE AUTOMATION
0
29. The authority citation for part 310 continues to read as follows:
Authority: 42 U.S.C. 655(f) and 1302.
Sec. 310.10 [Amended]
0
30. Amend Sec. 310.10 by:
0
a. In paragraph (a):
0
i. Removing the word ``paternity'' and adding in its place the word
``parentage''; and
0
ii. Removing the word ``father'' and adding in its place the word
``parent''.
[FR Doc. 2023-20607 Filed 9-25-23; 8:45 am]
BILLING CODE 4184-41-P
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</html>Indexed from Federal Register on September 26, 2023.
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