Unidentifiable Collections, Financial Institution Data Matches, Noncovered Medical Expenses, The Administrative Establishment of Paternity and Support Obligations
Division of Child Support Enforcement
RULE NOS.:RULE TITLES:
12E-1.0052Unidentifiable Collections
12E-1.029Financial Institution Data Matches
12E-1.031Noncovered Medical Expenses
12E-1.036The Administrative Establishment of Paternity and Support Obligations
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 246, December 22, 2015 issue of the Florida Administrative Register.
The Department has made changes to these proposed rules based on comments received from the Joint Administrative Procedures Committee of the Florida Legislature.
A revised version of these proposed rules will be available at: http://dor.myflorida.com/dor/rules/childsupport.html. These revised versions include the proposed changes discussed below to the original text that was published in the Notice of Proposed Rule on December 22, 2015.
12E-1.0052 Unidentifiable Payments
(1) No change.
(2) Definitions. For purposes of this rule:
(a) through (c) No change.
(d) “Unidentifiable payment” means “unidentifiable collection” as defined by section 409.2554(15), Florida Statutes, and includes including a payment received by the Department, including the State Disbursement Unit, for which the Department cannot identify the intended recipient or remitter.
(3) No change
Rulemaking Authority 409.2557(3)(j), 409.2558(4), 409.2558(9), FS. Law Implemented, 409.2558(4), FS. History–New 1-12-10, Amended .
12E-1.029 Financial Institution Data Matches.
(1) Procedures for Entering into Agreements With Financial Institutions.
(a) No change.
(b) At a minimum, the Financial Institution Data Match Election Form Memorandum of Agreement specified in paragraph (a) above shall identify the records that will be compared, the methods of accomplishing the record comparisons, the methods for electronic or other transmission of records between the Department and the financial institution, fees to be paid to the financial institution for services provided, and the financial institution’s contact persons. The financial institution’s electronic files containing data match records shall be prepared according to the specifications prescribed by the Federal Office of Child Support Enforcement’s Financial Institution Data Match Specifications Handbook edition dated August 3, 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), incorporated herein by reference, effective XX/XX. Members of the public may view the Financial Institution Data Match Specifications Handbook or obtain a copy through the Internet at: http://www.acf.dhhs.gov/programs/cse/fct/fidm/dataspecs.pdf.
(c) No change.
(2) through (3) No change.
Rulemaking Authority 409.2557(3)(i), 409.25657(6) FS. Law Implemented 409.25657 FS. History–New 1-23-03, Amended .
12E‑1.031 – Noncovered Medical Expenses
(1) No change.
(2) Definitions. For purposes of this rule:
(a) “Noncovered Medical Expenses” means reasonable and necessary uninsured medical, dental, or prescription medication expenses ordered to be paid on behalf of a child, including insurance deductibles and co-payments, pursuant to Section 61.13(1)(b), F.S., or a similar law of another state.
(b) through (c) renumbered (a) through (b) No change.
(3) Criteria. The Department will determine and collect noncovered medical expenses when:
(a) and (b) No change.
(c) The expenses are reasonable and necessary based on the specific language in the support order, the nature of the expense, and whether it is medically necessary as determined by a physician or other healthcare provider.
(d) The obligee has tried at least once to collect the amount owed from the obligor and provides the Department with a copy of the written document used to attempt to collect the amount from the obligor unless the obligee has reason to believe contacting the obligor may result in physical or emotional harm to themselves, to the child, or both.
(e) The obligee has not received services from the Department to determine and collect noncovered medical expenses for the same support order case within the last six months.
(f) through (g) No change.
(h). The Department does not require the obligee to make a collection attempt if the case has a Family Violence Indicator (FVI) against either parent.
(4) No change.
(5) Determination of Eligible and Ineligible Expenses.
(a) through (e) No change.
(f) The Department will not attempt to obligate and collect if:
1. through 11. No change.
12. The expenses are not reasonable and necessary based on the specific language in the support order, the nature of the expense, and whether it is medically necessary as determined by a physician or other healthcare provider.
13. through 14. No change.
(g) No change.
(6) through (8) No change.
Rulemaking Authority 61.13(1)(b)7. 409.2557(3)(j), 409.25635(9), F.S. Law Implemented 61.17, 409.25635 F.S. History–New XX-XX-XX.
12E-1.036 Administrative Establishment of Paternity and Support Obligations.
(1) Introduction. Section 409.256, Florida Statutes, allows the Department to administratively establish the paternity of a child. The law also allows the Department to administratively establish a paternity and support obligation.
(2) Definitions. For purposes of this rule:
(a) No change.
(b) “Alleged Father” means “Putative Father” as defined by section 409.256(1)(g), Florida Statutes, which is an individual who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born.
(c) through (d) No change.
(e) “Genetic testing” means a scientific analysis of genetic markers conducted by a qualified laboratory to either exclude an individual as a biological parent or to show a statistical probability that the alleged father is the child’s biological parent.
(e)(f) “Good cause” means the person scheduled for genetic testing had a good reason why they missed the appointment for reasons beyond their control.
(f)(g) “Legal service provider” means a program attorney as defined by section 409.2554(9), Florida Statutes.
(g)(h) “Long-arm jurisdiction” refers to the conditions listed in sections 48.193(1)(a) and 88.2011, Florida Statutes, that allow the Department to assert personal jurisdiction over a respondent who does not reside in Florida.
(h)(i) “Paternity and Administrative Support Proceeding” means an administrative action taken by the Department to order genetic testing, establish paternity, and establish a support obligation.
(j) “Paternity proceeding” means an administrative action taken by the Department to order genetic testing and establish paternity.
(i)(k) “Proposed Administrative Support Order” or “Proposed Order” means the intended administrative order produced by the Department after having considered genetic testing results, income, and other information about the parents and child or children.
(j)(l) “Public Assistance” means temporary cash assistance, food assistance, Medicaid, or any combination thereof.
(m) “Rendered” means the completed act of assigning a unique number and mailing copies of the Final Order to the parties and the clerk of court.
(3) Case Selection Criteria.
(a) No change.
(b) In addition to the criteria in paragraph (a), the Department will not start an administrative proceeding if any of the following conditions exist.
1. The child’s birth certificate lists the mother as married, regardless of her marital status when the child was born.
2. through 6. No change.
7. The Department has approved a good cause claim for non-cooperation.
8. The Department plans to close the case.
7. There is a family violence indicator on the case.
(4) No change.
(5) No change.
(6) Right to Contest the Order to Appear for Genetic Testing.
(a) Alleged Father Requests Informal Review.
1. Section 409.256(5), Florida Statutes, allows the person ordered to appear to contest the Order to Appear for Genetic Testing by asking the Department, in writing, for an informal review within 15 days after the date the Notice of Proceeding is served. When the Department receives the request for an informal review, it will contact the alleged father and, if possible, conduct the review by telephone. If the alleged father asks to appear in person, the Department will schedule an appointment. If the alleged father is incarcerated, he may present any concerns to the Department in writing or arrange with confinement officials to receive a phone call from the Department. At the end of the informal review, the Department will inform the alleged father whether it will continue with the administrative establishment of paternity. If the Department decides not to continue, it will end the administrative proceeding and will send the Dismissal of Administrative Proceeding form, CS-OA88, to the parties notifying them about the dismissal. If the Department intends to continue, it will inform the alleged father of its decision using the Notice of Conclusion of Informal Discussion Review Administrative Paternity Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-OA32 effective XX/XX and incorporated by reference. The CS-OA32 informs the alleged father of the Department’s decision to continue and why. It also informs him of the right to contest the Order to Appear for Genetic Testing at an administrative hearing.
2. No change.
(b) No change.
(7) No change.
(8) Refusal to Submit to Genetic Testing Sample Collection or Failure to Appear for Genetic Testing Sample Collection. Section 409.256(7), Florida Statutes, allows the Department to take one or more of the following actions if a person refuses to submit to the genetic testing sample collection or fails to appear on the ordered date, does not use the one-time opportunity to reschedule, or does not show good cause for missing the sample collection within 10 days after the scheduled sample collection.
(a) No change.
(b) If the alleged father does not appear without requesting rescheduling or providing good cause, the Department will schedule a second genetic sample collection and send the alleged father the Notice of Genetic Testing Appointment, CS-OP05, which will list the new date, time, and location of the genetic testing sample collection. If the alleged father does not appear to the second sample collection, the Department is authorized to start a proceeding to suspend the alleged father’s driver license and motor vehicle registration as allowed by section 61.13016, Florida Statutes. The Department will tell the alleged father of the intent to suspend his driver license and vehicle registration by sending the Notice of Intent to Suspend Driver’s License and Vehicle Registration(s) form (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-EF55 effective XX/XX and incorporated by reference. The Department sends this form by regular mail and it also informs the alleged father of his right to contest the action in circuit court. If the alleged father does not request a new genetic testing sample collection or contest the driver license suspension within 20 days after the mailing date of the CS-OP05, the Department will send an electronic request to the Department of Highway Safety and Motor Vehicles to suspend the driver license and vehicle registration of the alleged father. If the alleged father later complies with the Department and requests another test, and appears at the rescheduled genetic testing appointment, the Department will electronically request reinstatement of the driver license/vehicle registration from the Department of Highway Safety and Motor Vehicles. The Department will provide the alleged father the Driver License/Vehicle Registration Reinstatement Notice (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-EF57 effective XX/XX and incorporated by reference, which informs the alleged father to go to a local Driver License Examining Office to get the license reinstated. The alleged father must present this form to the Department of Highway Safety and Motor Vehicles within 30 days after the date on the Driver License/Vehicle Registration Reinstatement Notice to have his driver license and vehicle registration reinstated. If the alleged father does not contest the suspension of the driver license/vehicle registration or request a new appointment, the Department will end the administrative proceeding and proceed in circuit court. The Department will not authorize reinstatement of the license until the alleged father submits to genetic testing.
(c) through (d) No change.
(9) No change
(10) Proposed Order of Paternity; Commencement of Proceeding to Establish Administrative Support Order; Proposed Order of Paternity and Administrative Support. If the Department has begun a proceeding to administratively establish paternity, and the genetic test shows a statistical probability of 99% or greater that the alleged father is the child’s biological father, section 409.256(9)(a), Florida Statutes, allows the Department to proceed one of two ways. It may issue a Proposed Order of Paternity, CS-OP30, as provided in paragraph (9)(a); or if appropriate, may delay issuing a proposed order of paternity and begin a proceeding to establish both paternity and a child support obligation.
(10)(11) Proposed Order of Paternity. The Proposed Order of Paternity (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-OP30 effective XX/XX and incorporated by reference, is sent to the alleged father by regular mail. The Proposed Order of Paternity informs him that the Department intends to issue a final order establishing him as the legal father of the child or children named in the Proposed Order of Paternity. The Proposed Order of Paternity informs the alleged father of his right to an informal review and to an administrative hearing. The time frames, forms, and procedures for the informal review and administrative hearing are the same as described in paragraphs (11)(12)(a) and (b). The Department will:
1. through 3. No change.
(11)(12) Proceeding to Establish an Administrative Paternity and Support Order.
(a) After paternity has been determined, the Department may serve the alleged father by regular mail with the Notice of Proceeding to Establish Administrative Support Order form (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-OA01 effective XX/XX and incorporated by reference. The CS-OA01 informs the alleged father the Department intends to establish a paternity and a support obligation for the child named in the Notice and explains the steps the Department will take. The CS-OA01 also informs the alleged father of his right to file an action in circuit court or request the Department to proceed in circuit court instead of administratively. The Department will:
1. Send the alleged father the Notice of Proceeding to Establish Administrative Support Order form, CS-OA01, by regular mail informing him of the Department’s intent to establish an order for paternity and support. The Department uses the Notice of Proceeding to Establish Paternity and Administrative Support Order form (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-OX01 effective XX/XX and incorporated by reference, when there is more than one child on the case and paternity has already been established for one or more children.
2. and 3. No change.
4. Send the mother, caregiver, or other state a copy of the Notice of Proceeding to Establish Administrative Support Order, CS-OA01, by regular mail. The Department will also include the Results of Genetic Testing, CS-PO07b, and a blank Financial Affidavit Administrative Support Proceeding, CS-OA11, in the packet. The Financial Affidavit is not sent to caregivers. The Department also sends the Notice to Parent or Caregiver of Administrative Support Proceeding form (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-OA06 effective XX/XX and incorporated by reference. The Notice to Parent or Caregiver of Administrative Support Proceeding informs the mother or caregiver of the proceeding to establish support and directs the mother to complete the enclosed forms. Included in the packet is the Parent Information Form Administrative Support Proceeding, CS-OA12.
(b) No change.
(12)(13) Proposed Administrative Paternity and Support Order. Not sooner than 20 days after notice is served under subsection (10)(11) the Department may proceed with the administrative establishment of paternity and support by either sending the alleged father a Proposed Administrative Paternity and Support Order, CS-OA20, or referring the proceeding to the Division of Administrative Hearings without issuing a Proposed Administrative Paternity and Support Order if the Department determines that an evidentiary hearing is appropriate to determine the respondent’s income. The Department uses a Proposed Administrative Paternity and Support Order (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-OX20 effective XX/XX and incorporated by reference, when a proceeding involves more than one child and paternity has already been established for one or more of the children. The Administrative Proposed and Final Orders Options List (http://www.flrules.org/Gateway/reference.asp?No=Ref- ____), CS-OP100 effective XX/XX and incorporated by reference, contains optional text for the proposed orders issued under this subsection. The Proposed Administrative Paternity and Support Order may include terms for monetary support, retroactive support, health insurance, and non-covered medical expenses as appropriate. The Proposed Administrative Paternity and Support Order tells the alleged father that the Department intends to issue an administrative order establishing paternity and a support obligation for the child or children listed in the Proposed Administrative Paternity and Support Order. The Proposed Order also informs the alleged father of his rights to contest the Proposed Administrative Paternity and Support Order. The alleged father’s rights to contest the Proposed Administrative Paternity and Support Order, CS-OA20, CS-OX20, or the Proposed Order for Paternity, CS-OP30, discussed in paragraph (10)(11), are:
(a) through (b) No change.
(13)(14) Final Order Establishing Paternity or Paternity and Child Support.
(a) through (c) No change.
(14)(15) Right to Judicial Review.
(a) and (b) No change.
(15)(16) Modification, Termination, or Suspension of a Final Administrative Paternity and Support Order. The Department shall follow the procedures in section 409.2563, Florida Statutes, to modify, terminate, or suspend the support obligation of a Final Administrative Paternity and Support Order.
(16)(17) Dismissing the Administrative Paternity Proceeding. At any time before the entry of a Final Order of Paternity or a Final Administrative Paternity and Support Order, the Department may end the administrative proceeding and either close the case or proceed judicially. Instances when the Department will not proceed administratively include: a previous judicial support order for the children is provided by a party, the parties currently reside together as an intact family, or all the children reside with the alleged father. When the Department decides to end the administrative proceeding it will send the Dismissal of Administrative Proceeding form, CS-OA88, to the parties.
(17)(18) Forms. Members of the public may get copies of the forms used in this rule chapter, incorporated by reference, without cost, by writing to the Department of Revenue, Child Support Program, Attn.: Forms Coordinator, P.O. Box 8030, Tallahassee, Florida, 32314-8030.
Rulemaking Authority 409.2557(3)(p) and 409.256(17) FS. Law Implemented 409.256 and 409.2563 FS. History – New ______.
The Department revises page 4, Spanish language translation, of the incorporated material, form CS-OP01 of proposed Rule 12E-1.036 to add accent marks for the words “pagina” and “Ingles”. The corrected language reads as follows:
Aviso Para Demandados Que No Hablen Inglés
El Ministerio de Hacienda (Department of Revenue) del Estado de la Florida, Programa Para Sustento de Menores, ha iniciado un procedimiento Legal para establecer una orden de paternidad/de sustento para el niño(s) nombrado en la primera página del documento incluido. Para entender sus derechos y obligaciones completamente usted necesita leer el documento y la orden incluida. Si usted no entiende Inglés, pídale a alguien conocido que le ayude a traducir el documento y la orden. Si tiene preguntas adicionales, llame al 1-800-622-5437
An explanation of the optional fields for the CS-OP01 was added which appears as follows:
Option 1 (When applicable):
A. AMENDED (use in heading only)
B. Amended
Option 8 Jurisdiction/Long Arm for noncustodial parent/alleged father
- When served in Florida
DOR has personal jurisdiction over the Respondent because he/she was properly served notice in Florida on <<Date Served With Initial Notice>>.
- When NCP served in another state or country (long-arm); if 8B is selected, select one or more from 8B1-8B6.
The Respondent is subject to DOR’s jurisdiction in this proceeding under sections 48.193(1)(e), (h), or 88.2011, Florida Statutes. The Respondent was properly served notice outside the State of Florida, however, he/she
1. resided in this state with the child(ren) and/or the Petitioning parent before this proceeding started.
2. resided in this state and provided prenatal expenses or support for the child(ren) before this proceeding started.
3. maintained a matrimonial domicile in this state before this proceeding started.
4. acknowledged paternity of the child(ren) in this state before this proceeding started.
5. had sexual intercourse in this state, which may have resulted in conception of the child(ren).
6. submitted to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any objection to personal jurisdiction.
Option 24 (in caretaker cases only)
<< CP/CTR Name>> is the child(ren)’s caregiver.
Option 31 (based on the office handling the case)
A. 1-305-530-2600 (if case is handled in Miami-Dade County)
B. Not used.
C. 1-800-622-KIDS (5437) (if A. Conditions are not met, [all other sites]
Option 42
A. When Alleged Father is being ordered to submit to genetic testing
An Order to Appear for Genetic Testing is enclosed with this notice. You are required by law to submit to genetic testing. Genetic testing will show if you are or are not the biological father of the child(ren). If the results of genetic testing do not prove that you are the father (99 percent or greater probability of paternity), this proceeding will end unless another test is required.
B. When we are using a sample that was previously collected
You have already given a sample for genetic testing. Enclosed are the results from that test, which proves that you are the biological father of the child(ren). If you think the test results are wrong, you may have another genetic test by sending a request to us at the address listed at the end of this notice. We must receive your written request within 15 days after the date of this notice and you must pay us in advance for the full cost of the test.
The Department revises page 2, of the incorporated material, form CS-OP05 of proposed Rule 12E-1.036 to replace the word “may” with the word “will” in the second paragraph of option 2B to read:
If you are a custodial parent or caregiver and are receiving cash assistance, Medicaid or food stamps and do not appear or call ahead of time to reschedule we will may tell the Department of Children and Families that you are not cooperating.
The Department revises page 2, of the incorporated materials, form CS-OP05 of proposed Rule 12E-1.036, option 2B to clarify that sanctions may be imposed by the Department of Children and Families as provided by section 414.32(1), F.S. to read:
Important
If you do not cooperate the Department of Children and Families may:
Cancel cash assistance for your family as provided by section 414.32(1) Florida Statutes. The cash assistance for your family will be canceled.
Cancel The Medicaid and food stamps for yourself will be canceled.
Medicaid and food stamps for your child(ren) will continue.
Medicaid during pregnancy continues.
The Department revises page 2 Option 3 of the incorporated materials, form CS-OA32 by adding the following test:
You may request an administrative hearing to contest the Order by filing a written request no later than 15 days from the date of this notice with:
DEPUTY AGENCY CLERK
<<local office address>>
If you file a written request for a hearing, the Division of Administrative Hearings (DOAH) will mail you a written notice of the date, time, and place of the hearing. Any hearing will address only the Order to Appear for Genetic Testing
If we do not receive a request for a hearing within the time allowed, you lose your right to a hearing and we will proceed with the Order to Appear for Genetic Testing.
The Department revises page 2 paragraph 3 of the incorporated material, form CS-OA01 of proposed Rule 12E-1.036 to replace the word “parents” with the word “parent’s” so the paragraph reads as follows:
3. We will review the financial affidavits we receive and will use all available, reliable information about your income and the other parent’s parents income to figure the monthly amount you should be required to pay to support the child(ren). If we cannot determine the correct monthly support amount, we may refer the proceeding to the Division of Administrative Hearings for an administrative law judge to conduct a hearing. Otherwise, this amount will be placed in a Proposed Administrative Order (Proposed Order) and computed using the child support guidelines found in section 61.30, Florida Statutes. Sometimes the support amount may be changed to an amount more or less than the amount shown by the guidelines. A list of the reasons for making this change or deviation is included. If you believe any of the reasons on the list apply to you then give us detailed information about that reason along with your Financial Affidavit.
Page 4, Spanish language translation, of the incorporated material, form CS-OA01 of proposed Rule 12E-1.036 to add accent marks for the words “pagina” and “Ingles” to read as follows:
Aviso Para Demandados Que No Hablen Inglés
El Ministerio de Hacienda (Department of Revenue) del Estado de la Florida, Programa Para Sustento de Menores, ha iniciado un procedimiento Legal para establecer una orden de paternidad/de sustento para el niño(s) nombrado en la primera página del documento incluido. Para entender sus derechos y obligaciones completamente usted necesita leer el documento y la orden incluida. Si usted no entiende Inglés, pídale a alguien conocido que le ayude a traducir el documento y la orden. Si tiene preguntas adicionales, llame al 1-800-622-5437.
An explanation of the optional fields was added to the incorporated material, form CS-OA01 of proposed Rule 12E-1.036 which appears as follows:
Option 1 (When applicable):
A. AMENDED (use in heading only)
B. Amended
Option 8 Jurisdiction/Long Arm for noncustodial parent/alleged father
A. When served in Florida
DOR has personal jurisdiction over the Respondent because he/she was properly served notice in Florida on <<Date Served With Initial Notice>>.
B. When NCP served in another state or country (long-arm); if 8B is selected, select one or more from 8B1-8B6.
The Respondent is subject to DOR’s jurisdiction in this proceeding under sections 48.193(1)(e), (h), or 88.2011, Florida Statutes. The Respondent was properly served notice outside the State of Florida, however, he/she
1. resided in this state with the child(ren) and/or the Petitioning parent before this proceeding started.
2. resided in this state and provided prenatal expenses or support for the child(ren) before this proceeding started.
3. maintained a matrimonial domicile in this state before this proceeding started.
4. acknowledged paternity of the child(ren) in this state before this proceeding started.
5. had sexual intercourse in this state, which may have resulted in conception of the child(ren).
6. submitted to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any objection to personal jurisdiction.
Option 10 One entry for each child. (A-F Based on paternity codes associated with individual child BP record. H based on existence of ZGT activity involving the child associated with the parent activity)
A. Paternity has been legally established for<< Child Z>>by affidavit or voluntary acknowledgment.
B. Paternity has been established for<<Child Z>>through a court order issued within the State of Florida.
C. Paternity is presumed for <<Child Z>>because the Respondent was married to the mother when the child was born or conceived.
D. Paternity has been established for <<Child Z>>in another state by a court, other tribunal, or voluntary acknowledgment.
E. Paternity is not an issue for <<Child Z>>because the Respondent and the mother married after the child’s birth.
F. Paternity has been established for <<Child Z>>by an administrative order based on a positive genetic test.
G. Paternity is not an issue for <<Child Z>> because the Respondent is the mother to the child.
H. Paternity has been established for <<Child Z>> based on the attached genetic test results that equal or exceeds a 99 percent probability of paternity.
Option 11 (role/relationship of party to child[ren])
A. father
B. mother
C. caregiver
Option 24 (in caretaker cases only)
<<CP/CTR Name>> is the child(ren)’s caregiver.
Option 31 (based on the office handling the case)
A. 1-305-530-2600 (if case is handled in Miami-Dade County)
B. Not used.
C. 1-800-622-KIDS (5437) (if A. Conditions are not met, [all other sites]
Option 35 (Notice goes to both NCP and CP)
A. <<NCP Name>>
<<NCP Address1>>
<<NCP Address2>>
B. <<CP/CTR Name>>
<<CP/CTR Address>>
<<CP/CTR Address2>>
The Department revises the options page, of the incorporated material, form CS-PO07b of proposed Rule 12E-1.036, Results of Genetic Testing to clarify that the Department of Children and Families may impose sanctions as provided by section 414.32(1), F.S. to read as follows:
2B-a. [applies when Option 2B is selected and CP is receiving public assistance]
You must contact us right away because you are receiving public assistance. You have not given us the name of any other man who might be the father of the child(ren). If you do not contact us or provide information to allow us to establish paternity your public assistance benefits may can be reduced or ended by the Department of Children and Families for noncooperation as provided by section 414.32(1), Florida Statutes.
The Department revises page 2, of the incorporated material, form CS-PO34 of proposed Rule 12E-1.036, Paternity Declaration, to clarify that the Department of Children and Families may impose sanctions as provided by section 414.32(1), F.S.as follows:
Read the entire form again and all information you have entered. Make sure your written statements are true to the best of your knowledge. If you sign this form and have entered false information, you can be found guilty of perjury. It is very important that you enter all possible fathers for the child. If you fail to name all possible fathers and all men listed are found not to be the father, you will be determined as non-cooperative and the Department of Children and Families may cancel lose all temporary cash benefits for your family as provided by section 414.32(1), Florida Statutes.
The Department revises page 4, Spanish language translation, of the incorporated material, form CS-OX01 of proposed Rule 12E-1.036 to add accent marks for the words “pagina” and “Ingles”as follows:
El Ministerio de Hacienda (Department of Revenue) del Estado de la Florida, Programa Para Sustento de Menores, ha iniciado un procedimiento Legal para establecer una orden de paternidad/de sustento para el niño(s) nombrado en la primera página del documento incluido. Para entender sus derechos y obligaciones completamente usted necesita leer el documento y la orden incluida. Si usted no entiende Inglés, pídale a alguien conocido que le ayude a traducir el documento y la orden. Si tiene preguntas adicionales, llame al 1-800-622-5437.
An explanation of the optional fields was added to the incorporated material, form CS-OX01 of proposed Rule 12E-1.036 which appears as follows:
Option 1 (When applicable):
A. AMENDED (use in heading only)
B. Amended
Option 8 Jurisdiction/Long Arm for noncustodial parent/alleged father
A. When served in Florida
DOR has personal jurisdiction over the Respondent because he/she was properly served notice in Florida on <<Date Served With Initial Notice>>.
B. When NCP served in another state or country (long-arm); if 8B is selected, select one or more from 8B1-8B6.
The Respondent is subject to DOR’s jurisdiction in this proceeding under sections 48.193(1)(e), (h), or 88.2011, Florida Statutes. The Respondent was properly served notice outside the State of Florida, however, he/she
1. resided in this state with the child(ren) and/or the Petitioning parent before this proceeding started.
2. resided in this state and provided prenatal expenses or support for the child(ren) before this proceeding started.
3. maintained a matrimonial domicile in this state before this proceeding started.
4. acknowledged paternity of the child(ren) in this state before this proceeding started.
5. had sexual intercourse in this state, which may have resulted in conception of the child(ren).
6. submitted to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any objection to personal jurisdiction.
Option 10 One entry for each child. (A-F Based on paternity codes associated with individual child BP record. H based on existence of ZGT activity involving the child associated with the parent activity)
A. Paternity has been legally established for<< Child Z>>by affidavit or voluntary acknowledgment.
B. Paternity has been established for<<Child Z>>through a court order issued within the State of Florida.
C. Paternity is presumed for<< Child Z>>because the Respondent was married to the mother when the child was born or conceived.
D. Paternity has been established for<< Child Z>>in another state by a court, other tribunal, or voluntary acknowledgment.
E. Paternity is not an issue for<< Child Z>>because the Respondent and the mother married after the child’s birth.
F. Paternity has been established for<< Child Z>>by an administrative order based on a positive genetic test.
G. Paternity is not an issue for<< Child Z>> because the Respondent is the mother to the child.
H. Paternity has been established for <<Child Z>> based on the attached genetic test results that equal or exceeds a 99 percent probability of paternity.
Option 24 (in caretaker cases only)
<<CP/CTR Name>> is the child(ren)’s caregiver.
Option 31 (based on the office handling the case)
A. 1-305-530-2600 (if case is handled in Miami-Dade County)
B. Not used.
C. 1-800-622-KIDS (5437) (if A. Conditions are not met, [all other sites]
Option 42
A. When Alleged Father is being ordered to submit to genetic testing
An Order to Appear for Genetic Testing is enclosed with this notice. You are required by law to submit to genetic testing. Genetic testing will show if you are or are not the biological father of the child(ren). If the results of genetic testing do not prove that you are the father (99 percent or greater probability of paternity), this proceeding will end unless another test is required.
B. When we are using a sample that was previously collected
You have already given a sample for genetic testing. Enclosed are the results from that test, which proves that you are the biological father of the child(ren). If you think the test results are wrong, you may have another genetic test by sending a request to us at the address listed at the end of this notice. We must receive your written request within 15 days after the date of this notice and you must pay us in advance for the full cost of the test.
