SUMMARY SUPPORT & PATERNITY ACT                                                    H.B. 5465 (H-3):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5465 (Substitute H-3 as reported without amendment)

Sponsor:  Representative Kenneth Kurtz

House Committee:  Families, Children, and Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

The bill would create the "Summary Support and Paternity Act" to do establish procedures under which the Department of Human Services (DHS) could request a Title IV-D agency (such as the Office of the Friend of the Court) to file a "statement" with the court with respect to a child born out of wedlock, if the child were supported by public assistance or either party had applied for Title VI-D services.

If paternity to the child had not been established, the Title IV-D agency would have to file a notice of intent to establish paternity on the parties, and procedures for genetic testing would have to be followed if it were requested by a party in a timely manner. If paternity had been established, the DHS could request a Title IV-D agency to file with the court a statement of support obligation.

In either case, subject to requirements for service of process, the court could establish the child's paternity; issue a support order; establish the child's custody under the Child Custody Act; or grant any other relief available under that Act, the Friend of the Court Act, or the Support and Parenting Time Enforcement Act.

The bill specifies that a man would be the father of a child born out of wedlock if the man had been determined to be the child's father under the proposed Summary Support and Paternity Act, the laws of this State, or another state's laws.

The bill would take effect 90 days after its enactment and is tie-barred to House Bills 5463, 5464, and 5583 (which would amend the Paternity Act, enact the "Genetic Parentage Act", and amend the Revocation of Paternity Act, respectively).

                                                                              Legislative Analyst:  Suzanne Lowe

FISCAL IMPACT

The bill would not result in a significant fiscal impact on the State or local units of government. Pursuant to Federal laws and regulations, the DHS currently must attempt to establish paternity and secure support in IV-D cases on behalf of children born out-of-wedlock and establish paternity of children under the age of 18. The DHS does provide genetic testing services to all 83 counties, although some counties choose to use a third-party vendor. The DHS does not anticipate that the proposed changes would result in any increased costs to the Department.

Date Completed:  10-21-14                                                Fiscal Analyst:  Frances Carley

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.