Paternity

Coding Procedures

rev. September 2016

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Table of Contents

1. Cover Page

2. Table of Contents

3. General Information

4. DRA

5. PIP Sheet, DCSS s136

6. AOP

7. AOP Effective Dates

8. Birth Certificate

9. Adoption

10. Female Couple

11. Male Couple

12. Conception/Birth

13. Husband is Not the Father

14. Why Q

15. A or H

16. A or E

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Clicking on one of the options above will bring you directly to that page

17. Important Points

18. CR and OS Cases

19. NOTE

20. Coding a New Dependent

21. Changing the PIP Code

22. Dependent is 18

23. Some Unanswered

Questions

24. Who Fixes It?

25. Reviewing PIP

The following information will, in most cases, help you determine the proper code for a dependent's paternity.

All determinations must be documented on NOTE in the dependent’s NECSES case(s), and for all dependents. NOTE must indicate what documentation was used in the determination.

There will be unusual cases where you will be required to obtain further documentation in order to code correctly.

If you are unable to obtain documentation or are not absolutely certain of the coding, consult with your supervisor and select the most appropriate code based on the information available.

The Federal DRA (Data Reliability Audit) auditor reviews documents in the file and compares them to the Legal Paternity – Establishment Method code on the DEMO screen Paternity Tab in NECSES. The documentation in the electronic folder must support the code used.

Review the policy manual Paternity Establishment, DCSS PR 99-05 and DCSS paternity training material for further information.

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What cases are

included in the Data

Reliability Audit?

Any case that was open at any time during the federal fiscal year (FFY) 10/1 – 9/30 is

included in the DRA.

If one or more dependents under the age of 18 were open at any time during the FFY,

correct Paternity Indicator Project (PIP) coding is required.

DCSS can be penalized if a PIP code is incorrect.

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Form DCSS s136

PIP Sheet When do I complete form DCSS s136?

The DCSS s136 is used as a training tool during

mandatory paternity establishment training, and

can be used as a performance evaluation or review

tool. Effective with the release of IM 16-01, DCSS

s136 is not retained in any case file.

NOTE: DCSS s136 forms that already exist in case

files must not be removed or deleted. They are to

be retained for the life of the case.

Can I include more than one dependent on a

DCSS s136?

No, use a separate form for each dependent.

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Affidavit of Paternity

AOP

Child is born to unwed mother. Birth certificate has

the father stated. Mother provides a copy of the

AOP completed at the town clerk. How would I

code the dependent?

The dependent would be coded “A”.

Mother was married between conception and birth

to Mr. X but she completed an AOP with Mr. Y. Is

the AOP sufficient to determine the paternity code?

Paternity in this situation is questionable since

there is an AOP on file, yet mother was married to

someone else. The dependent would be coded “Q”

and the matter must be reviewed with the Legal

Unit attorney to determine a course of action. Once

a final determination for paternity is made, the code

must be updated accordingly and a NOTE entered

into the case file(s).

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If dependent was born to parents who were not married, the child would have had to have been born after the dates below in order to be coded A – Affidavit. Otherwise, it would be an N – Not Established or E – Court Order depending on other case information.

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The dates above are the effective dates when legislation passed in each state/territory that deemed an AOP as a

‘non-rebuttable’ legal determination of paternity when correctly completed, signed, notarized and filed. For

information regarding acknowledgement of paternity in Tribal Communities, visit the Intergovernmental Reference

Guide at https://fpls.dhhs.nh.gov/irg/profile.htm

Note: As of 7/1/2010

PR Birth certificates

issued prior to

7/1/2010 are no

longer valid

How do I code the case? Father’s name is on the birth certificate but there is no court order or AOP.

Were the parties married at conception or birth?

Yes = S

No = see next question

Was the birth certificate filed after the state’s

AOP date on the recipe card?

Yes = A

No = N

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• If you have supporting documentation indicating that the birth father’s parental rights were terminated (e.g. court order, transmittal from other state or transmittal from DCYF), then code the dependent N. See NECSES Chapter 4, “Case Management- Part I” for instructions on updating DEMO for a dependent when there is a termination of parental rights.

• If you have further supporting documentation that the child was adopted, then code using the date of adoption as follows when the child is adopted by:

• Married Male & Female = S

• Unmarried Male & Female = E

• Two Married Females = N

• Two Unmarried Females = N

• One Female = N

• One Male = E

• Two Unmarried Males = E

• Two Married Males = S

SURRENDER OR TERMINATION OF PARENTAL RIGHTS, AND SUBSEQUENT ADOPTION

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• Married at birth/conception = N

• Not married at birth/conception but spouse of birth mother adopts dependent = N

• Married or not at birth/conception but birth father signs AOP = A

• Married, birth father signed AOP, court Terminates Parental Rights (TPRs) of birth father, female spouse adjudicated legal parent; dependent is adopted by married couple = N

• Not Married at birth/conception, birth father signed AOP, court TPRs birth father and non-parent is adjudicated legal parent = N

• Married at birth/conception but birth mother refuses to provide name of spouse or birth father = N

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NOTE: If parties signed a 3 way AOP and it

was accepted by the Secretary of State Vital

Records Division, DCSS will use the AOP

and/or birth certificate for paternity coding. It

is not the role of DCSS to question the validity

of an AOP or Birth Certificate.

FEMALE COUPLE

DIFFERENTIATING PARENTAGE AND PATERNITY: Parentage pertains to being a legal parent of a

child. Paternity is specific to fatherhood. While legal parentage can be established on a female parent,

paternity cannot be. The PIP code for a dependent of a single female or a same sex female couple will

always be "N“ (unless a male signed an AOP with the birth mother, which case the PIP code would be “A”).

MALE COUPLE

• Married at birth/conception, one is birth father and

signs AOP, court TPRs birth mother, birth father’s

spouse is adjudicated legal parent, dependent

adopted by married couple = S

• Married at birth/conception, one is birth father and

signs AOP, birth mother on birth certificate = A

• Married at birth/conception, one is/not birth father, birth

mothers name on birth certificate, is married & refuses

to give her spouse’s name, parties go to court, birth

mother TPRs, married couple adopts = S

• Married or not at birth/conception, one is/not birth

father, birth mothers name on birth certificate, not

married, parties go to court, birth mother TPRs, married

couple adopts (or are now married) = S

• Not married at birth/conception, one is/not birth father,

birth mother on birth certificate , not married, parties go

to court, birth mother TPRs, unmarried couple adopts

dependent = E

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NOTE: If parties signed a 3 way AOP and it

was accepted by the Secretary of State

Vital Records Division, DCSS will use the

AOP and/or birth certificate for paternity

coding. It is not the role of DCSS to

question the validity of an AOP or Birth

Certificate.

Conception and Birth

Husband’s name IS on the birth certificate

• Parents were married (to each other) anytime between conception and birth.

Code = S

• Parents were not married to each other between conception and birth.

You will need to gather more information about how the father’s name got on the birth certificate. Did the parents sign an AOP? Was paternity established by court order? Does a Vital Records inquiry provide any information?

Husband’s name IS NOT on the birth

certificate

• Parents were married (to each other) anytime between conception and birth.

You will need to try and discover why the husband’s name is not on the birth certificate. Code the dependent a Q (temporarily…see slide 14), and consult with the Legal Unit attorney to make a determination.

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NOTE: If the parents are divorced at the time of birth, you should inquire with the applicant

if they were married at any time during gestation to assist with a determination of the

correct code.

Husband Is Not The Father

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• Biological mother and husband were married between conception and birth but mother claims her husband is not the father. Husband’s name IS on the birth certificate. Should this dependent be coded N?

No. The code would be S until a court order determines that the husband is not the father or a 3-way AOP is completed.

• Biological mother and husband were married between conception and birth, mother claims her husband is not the father. Husband’s name is NOT on the birth certificate. Should this dependent be coded N?

Probably. Have Mother complete the paternity questionnaire to see if she names the husband or another man. If she names another man, the code is N. If she did not name another man, question her about the father’s identity. If there is no other father to pursue for paternity, code with Q and speak with your supervisor or attorney for guidance.

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When do I use the Q code?

Use Q upon case file set up while you are collecting additional

information to make a conclusive decision on the appropriate code.

How long can I leave the Q there?

The true code should be entered within 30 days. However, if you are

unable to obtain all necessary documentation within 30 days you may

leave the Q longer. The Q must be changed to the correct code before

September 30th of any year.

Will I be reminded that there is a Q in my case?

Yes, weekly reports are sent to supervisors to assure that Qs do not get

missed.

Can I close a case that is still coded Q?

No, you must determine the most logical code based on available

information.

If necessary, speak with your supervisor.

The Q!

Coding Rule Changed In 2010

A or H “H” used to be the only code to use when the AOP was signed at the hospital. Now you can use either “H” or “A” when the AOP is signed at the hospital.

“A” has always been used when the AOP was signed and filed with the Town Clerk, but now may be used when the AOP is signed at the hospital.

AOP signed and with the Town Clerk: use “A”

AOP signed at the hospital: use “A” or “H”.

Either one is acceptable.

It is not necessary to change any existing “H” to “A”.

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AOP or Court Order

A or E Parties never married. Fathers name is on birth certificate (implying

an AOP was signed). I don’t have a copy of the AOP. I do have a

court order* that is dated after the birth certificate was filed. How

should I code the dependent?

Using the Vital Records Inquiry, determine if there is sufficient

information to determine the correct code. If not, check the US

AOP Recipe Card, if the State’s AOP date is before the child was

born, you can safely code the dependent A (baring any conflicting

information). Otherwise, code the dependent E* (see note below).

There is both a court order* and an AOP in the case file. How do I

code the dependent?

If parents were not married at the time of conception or birth, check

dates of court order* and AOP; select the code corresponding to

the earliest date as long as the AOP filing date is after the date on

the US AOP Recipe Card.

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*The USO or other state child support order should be sufficient to use for paternity coding in the absence of an order

that clearly adjudicates paternity. This determination must always be verified with your attorney.

Court Ordered

Establishment Of Paternity

I received a temporary USO for child support. Provision number 19 is completed. Does this

establish paternity?

A temporary order can establish paternity, even if the court case is later dismissed. If the temporary

order is later vacated (making it null and void), the paternity code must be updated to an “N”. If

there is uncertainty about the paternity adjudication in a temporary order, review the order with your

attorney to determine the correct code.

I have a Domestic Violence order in the file, but it includes child support payments. Does

this order establish paternity?

No. Domestic Violence proceedings cannot establish paternity. Refer this case to legal.

Genetic testing reveals that the putative father listed is indeed the biological father of the

child. Does this establish paternity?

No. The test is only evidence of paternity. We must have an approved order from the court to

establish legal paternity. NOTE: It is not unusual for parties to complete an AOP while legal action is

pending. If you are aware and AOP was signed and is on file, code the dependent with “A”.

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Central Registry (CR) & Other States (OS)

Why doesn’t CR include a birth certificate or AOP when they

transfer cases to the field?

UIFSA and NH RSA clearly state that a case should not be held up

for information that is not necessary for specific case activity.

Therefore, if the OS has requested establishment of an order and

paternity is not an issue, they are not required to provide any

documentation of paternity.

NOTE: CR may transfer a case to the field with a note that indicates

they are not 100% positive that the paternity code is correct. CR has

timeframes they must follow and cannot hold a case indefinitely. In

this scenario, it becomes the field workers responsibility to do further

research in order to determine the correct paternity code.

I have an “Acknowledgement of Paternity” from another state,

is this the same as NH’s AOP?

Not all Affidavits look alike. Verify that it clearly states the rights and

responsibilities of fatherhood and that it is legally binding equal to a

court order. If you are unsure, seek the assistance of your

supervisor, legal or policy.

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Why do I have to correctly code

OS paternity?

An attempt must be made to code all

cases correctly as the federal DRA

includes OS cases.

NOTE Screen

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When do I write a NOTE entry?

Every time a PIP code is entered for the first time, or

modified at a later time, or reviewed, a NOTE must be

added to every dependent’s case that indicates what

documentation was used to determine the paternity code.

If there is conflicting information in the file, the NOTE

must describe the reason for the chosen code.

If the coded dependent is in more than one case,

does there need to be a NOTE in the other case(s)?

Yes. However, if the worker in the other case is someone different than yourself, you must discuss the coding with the worker and come to an agreement. At that time, each worker will NOTE his/her own

case.

If the dependent was also in a closed case, do I reopen that case to assure a NOTE entry regarding

the change?

No, NECSES will accept a NOTE in a closed case. Remember, you only need to NOTE the case if the

dependent/case was open during the FFY.

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If the member is not known to

NECSES you will put all paternity

related information into the Basic

Information section on the dependent

as you are creating the case.

Always fill in as much information as

possible.

If paternity has been established, you

must fill in these 4 sections:

• Paternity Established

• If yes, State Established in

• How Established

• Date Established

If paternity has not yet been

established, you will only complete the

paternity established field with N-NO.

NOTE: Once case is set up, you must go to dependent DEMO –

Modify Member Demographics – Paternity tab and add proper code

How was paternity established?

• A – Affidavit (this is now used regardless of where the

affidavit was completed)

• S – Spousal – parents were married at time of conception

or birth

• E – Court Ordered

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If the original paternity code

needs to be changed due to

new or updated information,

go to:

• DEMO

• Modify Member

Demographics

• Paternity Tab

• Make the changes to the

appropriate codes.

You can use Form DCSS s136

as a tool to help determine the

appropriate code at any time.

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The only dependent in my case is 18 or older, do I need to verify PIP coding? Only if the dependent was under 18 at any time during the Federal Fiscal Year (FFY) which runs 10/1-9/30. There are multiple dependents in my case under the age of 18 and one over, do I worry about the one over 18 ? See above answer

Unanswered Questions

Who do I ask?

It is recommended that you seek the assistance of your supervisor,

assistant supervisor or attorney. If they are not available, please put

case aside until they are.

What if I have a scenario that I believe should be shared with

all DO’s?

Discuss this matter with your supervisor. He/she will contact the

DCSS Policy Planning and Training Unit or NECSES Help Desk

with the information to share.

The parties married, had children and the marriage was later

annulled. Should the children now be coded N?

No. As long as the court order of annulment does not illegitimate

the children. Per NH RSA 458:23 Legitimacy of Offspring, no

decree of divorce shall affect the legitimacy of a child born or

begotten in lawful matrimony, unless it shall be so expressed in the

decree.

I have an order against the mother in my case file (and no other

order), but it does not specifically mention the father. Can I

use this to determine paternity coding as an E?

No. Check for a case against the father and look for information

that would help determine the appropriate paternity coding. If no

case or information is available, you would code your dependent N.

Does NH have a process to legitimize a child born out of

wedlock?

Yes. However, if you do not have Form VS 39 from vital statistics, do

not code the dependent “S”.

I opened a case from AOC without a 725 and coded the

dependent “S”. The case was closed leaving code “S”, how

should it be coded?

If you never received any information regarding paternity, you can

leave the current code. However, if you did receive documentation

indicating the code should be different, you must make necessary

changes and NOTE entries.

(Note: never open a case without a 725)

I have no birth certificate, no court order, no marriage/divorce

information and no AOP. Both parents and dependents have the

same last name. What would the appropriate code be?

You could safely assume that the parties were married and code the

dependent S. Make sure you clearly NOTE the case with the

reasoning behind your choice. Attempt to obtain further

documentation from the applicant.

So many 725s; so many different answers?

Review all documents in file. If you are unable to make a

determination, reach out to the CP, NCP, OS or DCYF.

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Who fixes the errors

DRA finds?

The only way one can learn from their mistakes is to have them brought to their attention and then fix them.

Supervisors will be made aware of errors in order to use it as a training tool for the persons responsible as well as for all staff.

The process of Self-assessment may reveal errors, which will be brought to the attention of the worker assigned to the case and the supervisors.

If a common error is found instructions will be shared with all staff by the DCSS Policy Training Unit or NECSES Help Desk.

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1. When case is created

2. When a case is

transferred from worker

to worker

3. When case is transferred

from DO to DO

4. When case is closed

5. When case is reopened

6. When a new dependent

is being added to a case

7. When a final order is

received subsequent to a

temporary order

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How Often Should PIP

Coding Be Reviewed?

Monitoring Cases -

Paternity Coding

Reports

Ns with OBLEs – A list of all cases in which a dependent member’s paternity code

is “N”, and an ongoing obligation exists for the same dependent. Ns with OBLEs may

appropriately exist for NCPs who have terminated or surrendered their parental rights (by

court order). They may inappropriately exist because the code was not modified upon

receipt of a final order.

The Q Report– a list of all cases in which a dependent member’s paternity code is

“Q”. All “Q” codes must be resolved before September 30th of every FFY.

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