OAR 137-055-3080
Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father

(1) For purposes of this rule, self-alleged father means a man who both:
(a) Claims that he is, or possibly is, the biological father of a child born out of wedlock as defined in ORS 109.124 (Definitions for ORS 109.124 to 109.230); and
(b) Wishes to have paternity legally established for the child, establishing himself as the legal father.
(2) The administrator is responsible for pursuing establishment of paternity at the request of a self-alleged father, subject to all of the following:
(a) The self-alleged father must either:
(A) Be eligible for services under ORS 25.080 (Entity primarily responsible for support enforcement services), because he is receiving TANF cash assistance or Medicaid assistance for the child born out of wedlock; or
(B) Complete an application for services as provided under ORS 25.080 (Entity primarily responsible for support enforcement services).
(b) Unless otherwise prohibited under this rule, the administrator will:
(A) Take all appropriate steps to determine if the self-alleged father is the biological father; and
(B) Pursue appropriate action to legally establish paternity unless evidence indicates that he is not the biological father.
(c) The administrator will not pursue action to establish paternity under this section in any case where:
(A) Adoption of the child is final; or
(B) Legal parentage for a person in addition to the birth mother already exists for the child, or;
(C) The administrator has determined that establishing paternity for the self-alleged father would not be in the best interests of the child, in accordance with section (4) of this rule.
(3)(a)When a self-alleged father requests the administrator establish his legal paternity for a child, the administrator will send written notification by first class mail to the last known address of the mother and, if a separate party, caretaker or legal guardian of the child. Further, if the administrator knows or is informed that legal proceedings for adoption of the child are pending, the administrator will also send written notification to the licensed private agency handling the adoption, or if none exists, to the Department of Human Services;
(b) The administrator will make a thorough attempt to locate any party entitled to notice under this section, including but not limited to submitting the case to the Division of Child Support for state parent locator services. If unable to locate a party entitled to notice under this section within 30 days, the administrator will proceed to process the case as described in section (7) of this rule without the notice described in this section;
(c) The written notification must state the following:
(A) That the self-alleged father has asked the administrator for establishment of paternity services;
(B) That if legal proceedings for adoption of the child are pending, or if it is alleged that the child was conceived due to rape or incest, the Oregon Child Support Program director will determine whether establishing paternity is in the best interests of the child;
(C) That a copy of any response to the notification will be sent to the self-alleged father, and that the self-alleged father will then have an opportunity to respond to the allegations. The administrator will ensure that the address of the mother or guardian is redacted from any written material sent to the self-alleged father;
(D) The factors the Program director will consider, set out in section (4) of this rule, in determining whether establishing paternity would be in the best interest of the child;
(E) That the mother, legal guardian, and adoption agency or the Department of Human Services child welfare program, if appropriate under this rule, has 15 days to respond in writing to the written notification;
(F) That the self-alleged father has 15 days to respond to an allegation or response received by the Program director;
(G) That if any of the parties listed in paragraph (E) or (F) of this subsection does not respond to the written notice or allegation within 15 days, the Program director will make a determination based on the responses received;
(H) That if the Program director determines that establishing paternity would not be in the best interests of the child, this decision:
(i) Means only that the administrator will not pursue action to establish paternity; and
(ii) Does not preclude the self-alleged father from pursuing establishment of paternity on his own, without the assistance of the administrator.
(4) In any case where legal proceedings for adoption of the child are pending, or where the child was conceived due to alleged rape or incest, the Program director is responsible for determining whether action to establish paternity would be in the best interests of the child.
(a) If the Program director determines that action to establish paternity would not be in the best interests of the child, the administrator will take no further action to establish paternity for the self- alleged father;
(b) A signed written statement from the mother or legal guardian of the child, stating that the child was conceived as a result of rape or incest, is sufficient reason for the Program director to determine that establishing paternity would not be in the best interests of the child, unless such statement is disputed or denied by the self-alleged father, subject to the following:
(A) If the self-alleged father does not respond to the copy of the allegation or response the Program director receives as provided in subsections (3)(a) through (3)(c) of this rule, the Program director will make a determination by default based on the mother’s or legal guardian’s statement;
(B) If the self-alleged father does respond and acknowledges that the child was conceived by rape or incest, the Program director must determine that establishing paternity would not be in the best interests of the child;
(C) If the self-alleged father does respond and denies that the child was conceived by rape or incest, the Program director will decide whether to pursue action to establish paternity. The Program director will consider factors including, but not limited to:
(i) Whether a police report was filed;
(ii) Whether the self-alleged father was convicted or acquitted of rape or incest charges;
(iii) Whether other persons have information that the child was conceived due to rape or incest;
(iv) Any other factors known or provided to the Program director that would support or refute the veracity of the rape or incest allegation;
(v) Whether establishing paternity would be in the best interest of the child, considering the factors listed in subsection (c) of this section;
(vi) The Program director’s decision in this matter is limited to only whether the administrator will pursue action to establish paternity, and is in no way to be construed or intended as a determination or accusation of whether the self-alleged father is in fact guilty or not guilty of rape or incest;
(c) When the Program director finds that legal proceedings for adoption of the child are pending, the Program director will consider the following factors in determining whether establishing paternity would be in the best interests of the child:
(A) The nature of the relationship or contacts between the child and the self-alleged father. This determination may consider whether the child has lived with the self-alleged father or has had frequent visitation with the self-alleged father, thereby establishing a substantial parent-child relationship;
(B) The degree of parental commitment by the self-alleged father to the child. This determination may consider whether the self-alleged father has attempted to stay in contact with the child, and if such attempts would continue or increase in the future;
(C) The degree to which the self-alleged father has contributed or attempted to contribute, consistent with his ability, to the support of the child. This determination may consider the nature and extent of such support, and if such support would continue or increase in the future;
(D) If there is a legal relationship between the child and the self-alleged father, or if there has been an attempt to establish such a legal relationship through filiation proceedings, custody actions, voluntary acknowledgment of paternity, or similar actions. This determination may consider whether the self-alleged father has had an opportunity to establish a legal relationship prior to the initiation of adoption proceedings;
(E) Whether good reasons exist that would excuse the self-alleged father’s failure to establish a relationship, or stay in contact with the child, or contribute to the support of the child, or attempt to establish a legal relationship with the child. Such reasons may include, but are not limited to, the self-alleged father’s late awareness of the mother’s pregnancy or of the child’s birth.
(5) Absent judicial review, the decision of the Program director is final with regard to any responsibility of the administrator to pursue establishment of paternity.
(6) No provision of this rule prohibits the self-alleged father from pursuing establishing paternity on his own, without the assistance of the administrator.
(7) If the Program director determines (when a determination by the Program director is necessary under this rule) that the administrator may pursue action to establish paternity at the request of a self-alleged father, or if the administrator does not receive a written assertion requiring such a determination by the Program director under this rule, the administrator will proceed on the case as follows:
(a) The administrator must provide the mother of the child, unless she is deceased, actual notice of the action to establish paternity. Notice must be by personal service upon the mother. If personal service is not successful, the administrator shall request permission from the circuit court to serve the mother by an alternate method as provided in ORCP 7 D(6);
(b) If the mother of the child or children cannot be personally served with notice of the action or if the mother is deceased, the enforcing agency will not take an order establishing paternity unless genetic tests to determine paternity have been completed which fail to exclude the self-alleged father, and have a cumulative paternity index of at least 99;
(c) In any action to establish paternity in which the administrator cannot personally serve the child’s mother, or when the mother is deceased, the administrator will request that the court appoint a willing, qualified, and suitable person to be a guardian ad litem for the child. If no relative or other person agrees to such appointment, the administrator will request that an attorney be appointed for this purpose.
(8) All other provisions of this rule notwithstanding, the administrator cannot require the child’s mother (or other custodial adult) to cooperate with efforts to establish paternity, and the administrator will not assess a penalty for not cooperating, in any case where a finding of good cause pursuant to federal law at 42 U.S.C. 654(29) and 42 U.S.C.666(a)(5)(B)(i), is either currently in effect or is pending. In any such case, the administrator need not proceed further on behalf of the self-alleged father if it determines that there is no further effective action the administrator can take on behalf of the self-alleged father.

Source: Rule 137-055-3080 — Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-055-3080.

137‑055‑1010
Applicability of Rules in OAR 137, Division 55 137‑055‑1020
Child Support Program Definitions 137‑055‑1040
“Party Status” in Court and Administrative Proceedings 137‑055‑1060
Uniform Application for Child Support Enforcement Services 137‑055‑1070
Provision of Services 137‑055‑1080
Fees 137‑055‑1090
Good Cause 137‑055‑1100
Continuation of Services 137‑055‑1120
Case Closure 137‑055‑1140
Confidentiality of Records in the Child Support Program 137‑055‑1160
Confidentiality — Finding of Risk and Order for Nondisclosure of Information 137‑055‑1200
Use of Social Security Number by the Child Support Program 137‑055‑1320
Access to FPLS for Purposes of Parentage Establishment 137‑055‑1360
Access to FPLS for Parental Kidnapping, Child Custody or Visitation Purposes 137‑055‑1500
Incentive Payments 137‑055‑1600
Child Support Program Participant Grievance 137‑055‑1700
Division of Child Support as Garnishee — Service of Writ 137‑055‑1800
Limited English Proficiency 137‑055‑2020
Case Assignment 137‑055‑2045
Spousal Support 137‑055‑2060
Cases with Contradictory Purposes 137‑055‑2080
Office Responsible for Providing Services when Conflict of Interest 137‑055‑2100
Process Service 137‑055‑2120
Rules for Contested Case Hearings in the Child Support Program 137‑055‑2140
Delegations to Administrative Law Judge 137‑055‑2160
Requests for Hearing 137‑055‑2165
Requests to Reschedule Hearing 137‑055‑2170
Use of Lay Representatives at Administrative Hearings 137‑055‑2180
Reconsideration and Rehearing 137‑055‑2320
Requirement for Services — Obligor Bankruptcy Situations 137‑055‑2340
Obligor Bankruptcy Situations in General 137‑055‑2360
Obligor Chapter 7 and Chapter 11 Bankruptcy Situations 137‑055‑2380
Obligor Chapter 12 and Chapter 13 Bankruptcy Situations 137‑055‑3020
Paternity Establishment Procedures 137‑055‑3040
Temporary Order for Support 137‑055‑3060
Establishing Paternity in Multiple Alleged Father Cases 137‑055‑3080
Responsibility of Administrator to Establish Paternity at Request of Self-Alleged Father 137‑055‑3100
Order Establishing Paternity for Failure to Comply with an Order for Parentage Testing 137‑055‑3120
Changing Child’s Surname on Birth Certificate When Paternity Established 137‑055‑3140
Reopening of Paternity Cases 137‑055‑3200
Pending Judicial Proceedings and Existing Support Orders 137‑055‑3220
Establishment of Past Support Orders 137‑055‑3240
Establishment of Arrears 137‑055‑3260
Correction of Mistakes in Orders 137‑055‑3280
Administrative Law Judge Order Regarding Arrears 137‑055‑3290
Entry of Contingency Orders When Child Out of Care 137‑055‑3300
Incarcerated Obligors 137‑055‑3360
Entering of Administrative Orders in the Register of the Circuit Court 137‑055‑3400
District Attorney Case Assignment for Modification or Suspension of Support 137‑055‑3410
Notice and Finding of Financial Responsibility or Modification 137‑055‑3420
Periodic Review and Modification of Child Support Order Amounts 137‑055‑3430
Substantial Change in Circumstance Modification of Child Support Order Amounts 137‑055‑3435
Physical Custody Changes: Adjusting Orders 137‑055‑3440
Effective Date of Modification Under ORS 25.527 137‑055‑3460
Processing Modifications When Unable to Find the Obligee 137‑055‑3480
Modification of a Support Order to Zero or Termination of a Support Order 137‑055‑3485
Establishment or Modification for a Child Who Is Approaching or Has Reached 18 Years of Age 137‑055‑3490
Suspension of Enforcement 137‑055‑3495
Redirection of Support 137‑055‑3500
Joinder of a New Party to a Child Support Proceeding 137‑055‑3620
Administrative Subpoena 137‑055‑3640
Enforcement of a Subpoena by License Suspension 137‑055‑3660
Multiple Child Support Judgments 137‑055‑3665
Multiple Child Support Judgments — Multiple Obligees 137‑055‑4040
New Hire Reporting Requirements 137‑055‑4060
Income Withholding — General Provisions, Requirements and Definitions 137‑055‑4080
Exceptions to Income Withholding 137‑055‑4130
Reduced Income Withholding 137‑055‑4160
Contested Income Withholding 137‑055‑4210
Withholder Penalties 137‑055‑4300
Support Enforcement by Methods Other than Income Withholding 137‑055‑4320
Collection of Delinquent Support Obligations Through the Oregon Department of Revenue 137‑055‑4340
Collection of Delinquent Support Obligations Through the U.S. Secretary of the Treasury 137‑055‑4420
License Suspension for Child Support 137‑055‑4440
Liens Against Personal and Real Property 137‑055‑4450
Expiration and Release of Judgment Liens 137‑055‑4455
Expiration of Support Judgment Remedies 137‑055‑4460
Posting Security Bond or Other Guarantee of Payment of Overdue Support 137‑055‑4500
Financial Institution Data Match — Reasonable Fee 137‑055‑4510
Financial Institution Data Matches – Insurance Claims 137‑055‑4520
Garnishment 137‑055‑4540
Passport Denial and Release 137‑055‑4560
Consumer Credit Reporting Agencies 137‑055‑4620
Enforcing Health Care Coverage and Cash Medical Support 137‑055‑4640
Medical Support Notice — Plan Selection 137‑055‑5025
Payment of Child Support to an Escrow Agent 137‑055‑5030
Receipting of Support Payments 137‑055‑5035
Payment by Electronic Funds Transfer 137‑055‑5040
Accrual and Due Dates 137‑055‑5045
Inconsistent Provisions: Body of Order and Support or Money Award 137‑055‑5060
Billings for Support Payments 137‑055‑5080
Adding Interest 137‑055‑5110
Child Attending School 137‑055‑5120
Child Attending School — Arrears 137‑055‑5220
Satisfaction of Support Awards 137‑055‑5240
Credit for Support Payments not made to the Department of Justice 137‑055‑5400
Obligor Receiving Cash Assistance, Presumed Unable to Pay Child Support 137‑055‑5510
Request for Credit Against Child Support Arrears for Physical Custody of Child 137‑055‑5520
Request for Credit Against Child Support Arrears for Social Security or Veterans’ Benefits Paid Retroactively on Behalf of a Child 137‑055‑6010
Definitions for Distribution and Disbursement 137‑055‑6020
Disbursement by Electronic Funds Transfer/Electronic Data Interchange 137‑055‑6021
Allocation, Distribution, and Disbursement: General Provisions 137‑055‑6022
Distribution and Disbursement 137‑055‑6023
Exceptions to Allocation, Distribution, and Disbursement 137‑055‑6024
Allocation of Collections to Multiple Cases 137‑055‑6026
Payment Holds 137‑055‑6040
Right to Hearing to Contest Amount of Assigned Support 137‑055‑6120
Satisfaction of Arrears for Less Than Full Payment 137‑055‑6200
Adjusting Case Arrears When an Error is Identified 137‑055‑6210
Advance Payments of Child Support 137‑055‑6220
Recovery of Overpayments and Collection of Receivable Accounts 137‑055‑6240
Dishonored Payments on Support Accounts 137‑055‑6260
Return of Payments to Obligor or Other Jurisdiction 137‑055‑6280
Refund of Improper Tax Refund Collection 137‑055‑7040
Central Registry 137‑055‑7060
Initiating Jurisdiction Responsibilities – General Provisions 137‑055‑7100
Interstate Income Withholding 137‑055‑7120
Responding Jurisdiction Responsibilities – General Provisions 137‑055‑7140
Oregon as Responding Jurisdiction – Establishing Paternity 137‑055‑7180
Determining Controlling Order 137‑055‑7190
Review and Modification In Intergovernmental Cases
Last Updated

Jun. 8, 2021

Rule 137-055-3080’s source at or​.us