9 Colo. Code Regs. § 2504-1-6.605
Current through Register Vol. 47, No. 24, December 25, 2024
Section 9 CCR 2504-1-6.605 - GENETIC TESTING [Rev. eff. 4/1/13]A. County Child Support Services Units shall require that the child and all other parties in a contested paternity case submit to genetic testing, upon the request of any party, except in cases:1. Where good cause has been determined; or,2. Where paternity has been determined by or pursuant to the laws of another state; or,3. Where paternity has been established by a Colorado administrative process or judicial order.B. The parties are required to use the genetic testing laboratory designated by the Child Support Services Unit.C. Counties, or the state Division of Child Support Services on behalf of counties, shall competitively procure, according to county or state procedures, services from genetic testing laboratories which have been accredited. The state Division of Child Support Services shall provide a list of genetic testing laboratories which have been accredited to the county Child Support Services Units. Genetic testing laboratories procured by the counties must perform, at reasonable cost, legally and medically acceptable genetic tests to identify the father or exclude the alleged father. Proof of competitive procurement may be requested by the Colorado Department of Human Services at any time.D. County Child Support Services Units shall pay the costs of the genetic testing for all parties for instate cases, including long-arm paternity establishment. For interstate cases, the responding state is responsible for the genetic testing costs, as stated in Section 6.605.2.E. Genetic testing services may only be provided on open IV-D cases.F. If genetic testing results excluding the alleged father are obtained in an APA case, the results, notice of filing and genetic testing sample collection forms shall be filed: 1. In the county and in the court case where an action relating to support is pending,2. In the court where an order has been entered but is silent as to child support, or3. In the county where the APA case was conducted.6.605.1OBJECTION TO GENETIC TESTING RESULTS [Rev. eff. 4/1/13]Any objection to the genetic testing results shall be made in writing at least fifteen (15) days before the hearing where the results may be introduced, or fifteen (15) days after the Motion for Summary Judgment is served. If, however, the results were not received at least fifteen days before the hearing, the objection to the genetic testing results shall be made at least twenty-four (24) hours prior to the hearing. In APA cases, the objection must be made at or before the currently scheduled negotiation conference. If no objection is made, the test results shall be entered as evidence of paternity in a paternity action without the need for proof of authenticity or accuracy.
Upon receipt of an objection to the genetic testing results, the delegate Child Support Services Unit will take the following action:
A. If the case is an Administrative Process case, establish a temporary order if appropriate, and file a Child Support Services Unit Request for Court Hearing as required in Section 6.713.B. If the case has been filed through the Judicial process, request the court to set a hearing to resolve the objection and decide the issue of paternity and child support.C. The Notice of Hearing must be sent to the parties by the delegate Child Support Services Unit.6.605.2GENETIC TESTING COSTS [Rev. eff. 4/1/13]In all cases, when paternity is adjudicated, the county Child Support Services Units shall attempt to enter a judgment for the costs of genetic testing for full payment or prorated payment with a specified monthly amount due to liquidate those costs. In intergovernmental cases, the responding jurisdiction is responsible for the cost of initial genetic testing.
39 CR 23, December 10, 2016, effective 1/1/201740 CR 21, November 10, 2017, effective 12/1/201742 CR 11, June 10, 2019, effective 6/30/201943 CR 17, September 10, 2020, effective 9/30/202043 CR 21, November 10, 2020, effective 12/1/202044 CR 23, December 10, 2021, effective 1/1/202245 CR 01, January 10, 2022, effective 3/1/202246 CR 11, June 10, 2023, effective 7/1/2023