§ 12-14-2-24 — Establishing paternity required; exceptions; revocation; good faith effort to cooperate required; presumption of good faith effort; other considerations

Indiana § 12-14-2-24

• Jurisdiction: Indiana
• Art. 14: FAMILY ASSISTANCE SERVICES
• Ch. 2: Temporary Assistance for Needy Families; Granting of

Text

(a) A dependent child and a parent or an
essential person are not eligible for TANF assistance under this chapter
unless the mother of the dependent child:
(1) initiates a court proceeding to establish paternity, other than
an adoption proceeding, except as provided in IC 31-14-20-2;
(2) executes a paternity affidavit under IC 16-37-2-2.1; or
(3) requests, at the time of application or renewal, that the Title
IV-D agency or its agents file a paternity action under IC 31-14-4-3.
(b) A person applying for assistance under this chapter is not
required to comply with subsection (a) if:
(1) the father of the dependent child has been charged with an act
of rape, incest, or child molesting that occurred against the
dependent child's mother within ten (10) months before the birth
of the dependent child;
(2) the mother of the dependent child is deceased;
(3) the division determines under rules adopted by the division
under IC 4-22-2 that the mother of the dependent child could not
know the identity of the child's father;
(4) the mother of the dependent child provides proof, and the
division agrees, that the physical health or safety of the mother or
the dependent child would be jeopardized if the mother complies
with subsection (a); or
(5) the dependent child is living in the family home of a relative
other than the mother of the child as described under IC 12-14-1-1(a) and the relative provides proof, and the division
agrees, that the physical health or safety of the mother, relative,
or dependent child would be jeopardized if the relative complies
with subsection (a).
(c) If a dependent child's mother is a party to a paternity action filed
under IC 31-14 (or IC 31-6-6.1 before its repeal), a county office shall
revoke assistance under this chapter if the mother fails to pursue the
paternity action.
(d) The office may not delay payments otherwise owing to a
provider if the mother fails to comply with this section.
(e) Except as provided in subsection (b)(1), (b)(3), and (b)(5), if a
child is residing with a nonparent guardian or custodian, the nonparent
guardian or custodian shall make a good faith effort to cooperate with
a prosecuting attorney or the division by providing to the prosecuting
attorney or the division any information regarding the potential
paternity of the child.
(f) The nonparent custodian or guardian is presumed to make a good
faith effort under subsection (e) if the nonparent custodian or guardian
does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with
a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting
attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b), to the
extent the information is known.
(B) Affirms that the information described in IC 12-7-2-43.5(b)
is not known.
(g) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could
reasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian or
guardian.
(5) The time that has expired since the nonparent custodian or
guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to
provide correct information about an alleged father or a parent of
the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecuting
attorney that demonstrates the nonparent custodian or guardian
has knowledge of the information sought by the prosecuting
attorney.

Legislative History

As added by P.L.46-1995, SEC.24. Amended by P.L.1-1997, SEC.58; P.L.161-2007, SEC.23; P.L.80-2010, SEC.17.