Current through Register Vol. 61, No. 4, April 1, 2022
When a party claims that a man
established as the father of a child is not the biological father of the child,
the administrator will open or reopen the issue of paternity when all of the
provisions of subsections (a) through (e) apply:
(a) The administrator initiated the action
administratively which established paternity or paternity was established by a
signed voluntary acknowledgment in Oregon;
(b) Parentage tests have not been
(c) The order was
entered with the circuit court one year ago or less, or the voluntary
acknowledgment as described in ORS
was filed with the Center for Health Statistics one year ago or less;
(d) The party applying has completed and
returned to the administrator a request for reopening and, if required, a
signed application for services, prior to expiration of the one year
(e) The administrator has
jurisdiction over the parties.
(2) An order establishing paternity will be
vacated, dismissed or set aside under this rule when parentage tests exclude
the male party in question as the father of all of the children subject to the
order, or a party fails to comply and the issue of paternity is resolved
against that party for all of the children subject to the order. The
administrator will not seek a court order requiring repayment to the debtor of
money paid by that debtor under the order.
(3) If a reopening initiated by the
administrator results in an order of non-paternity for all children subject to
a child support order, the administrator will satisfy any state debt owing on
the case and file credit arrears owed to any other party.
(4) Any judgment of non-paternity under this
rule will be by circuit court order.
Or. Admin. R.
AFS 29-1995, f. 11-6-95,
cert. ef. 11-15-95; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered
from 461-195-1000; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru
12-28-03, Renumbered from 461-200-3140; DOJ 10-2003, f. 9-29-03, cert. ef.
10-1-03, Renumbered from 461-200-3140; DOJ 2-2006(Temp), f. & cert. ef.
1-3-06 thru 6-30-06; DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06; DOJ
1-2008(Temp), f. & cert. ef. 1-2-08 thru 3-31-08; DOJ 6-2008, f. &
cert. ef. 4-1-08;
13-2017, amend filed 12/29/2017, effective
17-2020, minor correction filed 02/05/2020, effective
12-2021, amend filed 10/07/2021, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS