Page:United States Statutes at Large Volume 107 Part 1.djvu/685

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PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 659 (IV) by striking "for such" and inserting "as of the end of such preceding; (V) by striking "are being** and inserting "were bein^; and (VI) by striking "for the** and inserting "as of the end of such preceding"; (B) by striking subparagraph (B) and inserting the following: "(B) the term Reliable data' means the most recent data available which are found by the Secretary to be reliable for purposes of this section."; (C) by inserting "unless patemibr is established for such child" after "the death of a parent; and (D) by inserting "or any child with respect to whom the State agency administering the plan under part E determines (as provided in section 454(4)(B)) that it is against the best interests of such child to do so" after "cooperate under section 402(a)(26)". (b) STATE PLAN REQUIREMENTS FOR THE ESTABLISHMENT OF PATERNITY.—Section 466(a) (42 U.S.C. 666(a)) is amended— (1) in paragraph (2)— (A) by striking "at the option of the State,"; and (B) by inserting "or paternity establishment" after "support order issuance and enforcement"; (2) in paragraph (5), by adding at the end the following: "(C) Proceaures for a simple civil process for volimtari^ acknowledging paternity under which the State must provide that the rights and responsibilities of acknowledging paternity are explained and ensure that due process safeguards are afforded. Such procedures must include a hospital-based program for the voluntary acknowledgment of paternity during the period immediately before or after the birth of a chud. "(D) Procedures under which the voluntary acknowledgment of paternity creates a rebuttable, or at the option of the State, conclusive presumption of paternity, and under which such volimtary acknowledgment is admissible as evidence of paternity. "(E) Procedures under which the volimtary acknowledgment of paternity must be recognized as a basis for seeking a support order without requiring any further proceedings to establish paternity. "(F) Procedures which provide that (i) any objection to genetic testing results must be made in writing Mdthin a specified number of days before any hearing at which such results may be introduced into evidence, and (ii) if no objection is made, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy. (G) Procedures which create a rebuttable or, at the option of the State, conclusive presumption of paternity upon genetic testing results indicating a threshold probability that the alleged father is the father of the child. "(H) Procedures requiring a default order to be entered in a paternity case upon a showing of service of process on the defenaent and any additional showing required by State law."; and