19-11-9
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19-11-9.
(a)
The department shall attempt to locate absent parents.
(b)
The department is to serve as a registry for the receipt of information which
directly relates to the identity or location of absent parents, to assist any
governmental agency or department in locating an absent parent, to answer
interstate inquiries concerning deserting parents, to coordinate and supervise
any activity on a state level in search for an absent parent, and to develop
guidelines for coordinating activities of any governmental department, board,
commission, bureau, or agency in providing information necessary for location of
absent parents and is to process all requests received from an initiating county
or an initiating state which has adopted the Uniform Interstate Family Support
Act or a law substantially similar to the Uniform Interstate Family Support Act,
the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act.
(c)
In order to carry out the responsibilities imposed under this article, the
department may request information and assistance from any governmental
department, board, commission, bureau, or agency in locating the absent parents
of children for whom the department has assignment of child support rights. The
commissioner of human resources or his duly authorized representative shall be
entitled to have access to all pertinent information which is within the custody
of any governmental department, board, commission, bureau, or agency, including,
but not limited to, income tax information contained in any report or return
required under Articles 1 through 6 of Chapter 7 of Title 48 by the Department
of Revenue, including information from federal income tax returns required to be
included as a part of any state report or return, which information but for this
Code section would not be subject to disclosure pursuant to Code Section 48-7-60
and which is relative to such parents´ location, income, or property,
provided that any tax information secured from the federal government by the
Department of Revenue, pursuant to the express provisions of Section 6103 of the
Internal Revenue Code, may not be disclosed by that department pursuant to this
subsection. Any person receiving any tax information or tax returns under the
authority granted in this subsection shall be considered either an officer or
employee as those terms are used in subsection (a) of Code Section 48-7-60; and,
as such an officer or employee, any person receiving any tax information or
returns under the authority of this Code section shall be subject to Code
Section 48-7-61, relating to the sanctions to be imposed for the unauthorized
disclosure of confidential material.
(d)(1)
There is established within the department a putative father registry. For
purposes of this subsection, 'biological father' and 'legal father' shall have
the meanings set out in Code Section 19-8-1. The putative father registry shall
record the name, address, and social security number of any person who claims to
be the biological father but not the legal father of a child, and the date of
entry of such information. Placement on the putative father registry shall not
be used as an admission of guilt to any crime under Georgia law or used as
evidence in any criminal prosecution under Georgia law.
(2)
The putative father registry shall include two types of registrations:
(A)
Persons who acknowledge paternity of a child or children before or after birth
in a signed writing; and
(B)
Persons who register to indicate the possibility of paternity without
acknowledging paternity.
(3)
Registrants shall be informed that this registration may be used to establish an
obligation to support the child or children and that this registration shall be
used to provide notice of adoption proceedings or proceedings to terminate the
rights of a biological father who is not a legal father but that registration
without further action does not enable the registrant to prevent an adoption or
termination of his rights by objecting. All registrants shall be asked to
provide information regarding changes in their addresses.
(4)
A voluntary acknowledgment of paternity may be rescinded pursuant to the
provisions of Code Section 19-7-46.1.
(5)
The department shall publicize the existence and availability of the putative
father registry to the public, including but not limited to providing
information disseminated in connection with certificates of live birth and
through county boards of health. The department is authorized to prescribe the
notices, forms, and educational materials to be used for entities that may offer
voluntary paternity establishment services.
(6)
The department shall keep the putative father registry as current as feasible,
adding entries or information to the registry often enough that new
registrations or new information regarding registrants, mothers, or children
shall be added to the registry no later than two business days following receipt
of the information from the registrant.
(e)
The information which is obtained by the department shall only be available to:
(1)
A governmental department, board, commission, bureau, agency, or political
subdivision of any state for purposes of locating an absent parent or putative
father to establish or to enforce his obligation of support, of enforcing a
child custody determination, or of enforcing any state or federal law with
respect to the unlawful taking or restraint of a child; or
(2)
The department, a licensed child-placing agency, or a member in good standing of
the State Bar of Georgia in response to a request for information for purposes
of locating a biological father who is not the legal father to provide notice of
adoption proceedings or a proceeding to terminate the rights of a biological
father who is not a legal father. The request for information shall include, to
the extent the information is known to the department, agency, or attorney, the
name, address, and social security number of the mother of the child and of the
alleged biological father who is not the legal father of the child and the
child´s name, sex, and date of birth. The department shall within two
business days of its receipt of such a request for information issue a written
certificate documenting its response.
(f)
The department shall charge a fee of $10.00 for each certification regarding
entries on the putative father registry or other information provided pursuant
to paragraph (2) of subsection (e) of this Code section. The department shall
waive the fee provided for in this subsection upon presentation of an affidavit
of the petitioner´s indigency. The department shall transmit the fees
received pursuant to this subsection to the Office of Treasury and Fiscal
Services for deposit in the treasury of the state and shall provide an annual
accounting of such fees to the Governor and the General Assembly.