19.23 Paternity Testing

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(19) Case Management

Policy Title:

Paternity Testing

Policy Number:

19.23

Previous Policy Number(s):

N/A

Effective Date:

March 2023

Manual Transmittal:

2023-02

Codes/References

N/A

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Initiate deoxyribonucleic acid (DNA) paternity testing, when appropriate, to determine/ verify biological fathers and paternal relatives, to inform and/or support child welfare decision making regarding safety planning, case planning, placement, and permanency.

    DNA paternity testing provides scientific evidence of paternity by comparing the genetic markers from the child’s DNA with those of the alleged father. DNA testing may be initiated whenever a biological father cannot be conclusively identified by other methods, and establishment of paternity is needed to support safety planning, case planning, placement, and permanency.

  2. Refer individuals for DNA paternity testing:

    1. When ordered by court;

    2. To identify/verify biological relationships for placement and permanency for children in foster care, or termination of parental rights (TPR);

    3. During family preservation services, if needed (e.g., to identify paternal relatives such as grandparents, or to identify biological fathers if paternity may be in doubt);

    4. To prevent the placement of a child into foster care;

    5. Other situations, as needed.

  3. Complete a service authorization to initiate DNA paternity collection and testing.

  4. Use only approved vendors for DNA paternity testing.

  5. Obtain a court order to:

    1. Conduct DNA paternity testing for incarcerated alleged parents.

    2. Use available DNA samples from the medical examiner, funeral home, coroner, etc., if a DNA sample from an alleged parent is not available (e.g., due to them being deceased).

  6. Determine, on a case-by-case basis, whether to initiate a family case study when a DNA sample is not available from an alleged parent:

    1. Consult with the Contract Director and/or the Regional Webmaster before initiating a family case study as each family circumstances are unique.

    2. Family case studies are not recommended for uncooperative parties, such as a father refusing to have the DNA paternity test. In these situations, a petition to the court to order the DNA paternity test may be appropriate.

    A family case study is done by testing two or more biological family members of the alleged parent, as well as the mother of the child.

  7. Document all requests for DNA paternity testing and results in Georgia SHINES within 72 hours of occurrence.

  8. Adhere to confidentiality and Health Insurance Information Portability and Accountability Act (HIPAA) provisions outlined in policies 2.6 Information Management: Confidentiality/Safeguarding Information and 2.5 Information Management: Health Insurance Portability and Accountability Act.

Procedures

Social Services Case Manager

  1. Initiate DNA paternity testing:

    1. Complete a service authorization:

      1. Date service authorizations to allow a minimum of 30 days if collection will be done by a DFCS staff.

      2. Date service authorizations to allow a minimum of 90 days if collection will be done through a vendor.

        All collections require a valid updated service authorization.

      3. Use funding source PUP (see policy 18.3 Support Services to Prevent or Reunify Families: Prevention of Unnecessary Placement (PUP) and the COSTAR Manual.

      4. List all parties needing testing in the persons referred section; and

      5. Obtain approval from the Social Services Supervisor (SSS).

    2. Email the request for DNA collection and testing to the DNA Collector. Attach a copy of the approved service authorization to the email.

      The DNA collection and testing request must be made directly to the Regional Webmaster rather than the DNA Collector for an incarcerated alleged parent, an alleged parent being deceased, or out-of-state requests.

    3. If the alleged parent is incarcerated, email the request for DNA collection and testing to the Regional Webmaster. Include the following:

      1. An approved service authorization dated with a minimum of 90 days of coverage;

      2. A court order for paternity testing collection on the incarcerated alleged parent;

      3. The Inmate Number and prison contact, if available.

    4. If the alleged parent is deceased and a DNA sample is needed from the medical examiner, funeral home, or coroner’s office, etc., e-mail the request for DNA collection and testing to the Regional Webmaster. Include the following:

      1. An approved service authorization dated with a minimum of 90 days of coverage;

      2. A court order authorizing the testing vendor to collect the sample from the named facility.

      If a DNA sample for a deceased alleged parent is not available from above sources, consult with the Regional Webmaster or Contract Director to determine the appropriateness of initiating a family case study.

    5. If the alleged parent or family member lives in another state (out-of-state requests):

      1. Email the request for DNA collection and testing to Regional Webmaster. Include an approved service authorization dated with a minimum of 90 days of coverage;

      2. The Regional Webmaster will arrange for the DNA Collector to conduct DNA collection and testing for the child in Georgia.

      Consult with the Regional Webmaster for paternity testing from other countries.

  2. Provide the child and parents timely notification of their DNA collection appointment(s).

  3. Upon receipt of the DNA paternity test results from the Regional Webmaster:

    1. In conjunction with the SSS, review the results to determine how the results impact case decision making.

    2. Discuss the results to the alleged parent.

  4. Document all requests for DNA paternity testing and results in Georgia SHINES:

    1. Upload the results to External Documentation within 72 hours of receipt.

    2. If paternity is established:

      1. Select Paternity Established Checkbox in Person Detail;

      2. Change the relationship from Putative to Biological Father.

Establishing paternity through DNA paternity testing does not mean that the child has been legitimated. Refer to policy 17.15 Legal: Legitimation for the legitimation process.

The DNA Collector will:

  1. Collect DNA samples.

    Samples may be collected at the DFCS office, the individual’s home, or the court. Consider collector safety when determining location for sample collection.

  2. Follow guidelines for submitting pictures, including:

    1. On a blank sheet of paper:

      1. Write the individual’s full name, date of birth, date, and obtain the signature of the individual being tested;

      2. Place DNA Collectors initials.

    2. Have the individual hold the paper to take the picture;

    3. Take a picture with an approved camera.

  3. Update records of collection and shipment to the vendor on the Well-Being Paternity SharePoint website.

  4. Share DNA collection and testing information with the Regional Webmaster via Well-Being Paternity SharePoint site or email.

DNA collectors may be any DFCS staff identified by the county, including but not limited to SSCMs and Office Support staff. However, to avoid any perception of conflict of interest, the child’s parent and/or guardian or assigned SSCM cannot serve as the DNA collector.

The Regional Webmaster will:

  1. Schedule collections for incarcerated alleged parents, deceased alleged parents, out-of-state request with approved DNA vendors.

  2. Order all DNA supplies.

  3. Provide the SSCM and SSS the DNA paternity test results.

  4. Process invoices.

  5. Initiate family case studies with the Contract Manager, as needed.

  6. Review and update the DFCS Well Being Support Services SharePoint site to reflect any changes to the DNA Collection process, such as changes to DNA Collectors.

  7. Track DNA collector activity, including missing DNA specimens.

  8. Serve as a resource for DNA Collectors and county staff on DNA paternity testing concerns.

Social Services Supervisor

  1. Provide guidance to the SSCM regarding when and how to seek DNA paternity testing.

  2. Review the service authorization to ensure it is accurate, completed timely and allows for the appropriate coverage time based on the case circumstances prior to approval.

  3. Consult with other county/regional leadership where appropriate, or in accordance with any established county/regional protocols.

  4. Ensure referrals to DNA Collectors and Regional Webmaster are completed timely and according to the established processes.

  5. Ensure that the SSCM requests court orders when needed for DNA paternity testing.

  6. Participate in family case study consultations.

  7. Review paternity testing results with the SSCM, including discussing how the results impact case decision making.

Practice Guidance

DNA Paternity Testing

The most common DNA paternity sample type is a “buccal swab”. This sample is collected using a cotton swab that is gently rubbed on the inside of the cheek. Blood samples are also acceptable and are always done by the vendor.

At-home paternity tests, such as Ancestry.com, 23&Me, etc., are not considered legal evidence of paternity and are not used or accepted as evidence of paternity by DFCS.

Family Case Study

While a family case study is not as accurate as the traditional father-child DNA testing method, it can still be used to determine paternity with a high degree of accuracy. The more family members that are tested the more accurate the results will be.

DNA Collectors

Each county is expected to have a minimum of two staff trained as DNA collectors, though counties may have as many DNA collectors as needed. To identify the current DNA Collector, the SSCM may request a current DNA Collector Directory from their Regional Webmaster or the Contract Director. DNA collection is also conducted by a vendor when warranted by case circumstances and coordinated with Regional Webmaster.

Regional Webmasters

The Regional Webmasters work closely with the Contract Director to coordinate most aspects of DNA collection and testing. They serve as a resource for the DNA Collectors, as well as SSCMs and SSSs. The Regional Webmaster in conjunction with the Contract Director monitors and supervises the DNA collection and testing work of the DNA Collectors.

Well-being Paternity Testing SharePoint Site

The Contract Director manages a SharePoint site for DNA Collectors and Regional Webmasters to provide a resource for DNA collection and testing, and to be a central data point for use by DNA Collectors and Regional Webmasters to record and monitor all DFCS DNA collection and testing activities.

Forms and Tools

N/A