2005 Connecticut Code - Sec. 17b-27. Voluntary paternity establishment program. Protocols. Regulations. Voluntary acknowledgment of paternity system established by Department of Public Health.
Sec. 17b-27. Voluntary paternity establishment program. Protocols. Regulations. Voluntary acknowledgment of paternity system established by Department
of Public Health. (a) Each hospital or other institution where births occur, and each
entity that is approved by the Commissioner of Social Services to participate in the
voluntary paternity establishment program, shall, with the assistance of the commissioner, develop a protocol for a voluntary paternity establishment program as provided
in regulations adopted pursuant to subsection (b) of this section, which shall be consistent
with the provisions of subsection (a) of section 46b-172 and shall encourage the positive
involvement of both parents in the life of the child. Each such protocol shall assure that
the participants are informed, are competent to understand and agree to an affirmation
or acknowledgment of paternity, and that any such affirmation or acknowledgment is
voluntary and free from coercion. Each such protocol shall also provide for the training
of all staff members involved in the voluntary paternity establishment process so that
such staff members will understand their obligations to implement the voluntary paternity establishment program in such a way that the participants are informed, are competent to understand and agree to an affirmation or acknowledgement of paternity, and
that any such affirmation or acknowledgment is voluntary and free from coercion. No
entity may participate in the program until its protocol has been approved by the commissioner. The commissioner shall make all protocols and proposed protocols available for
public inspection. No entity or location at which all or a substantial portion of occupants
are present involuntarily, including, but not limited to, a prison or a mental hospital,
but excluding any site having a research and demonstration project established under
subsection (d) of section 1 of public act 99-193*, may be approved for participation in
the voluntary paternity establishment program; nor may the commissioner approve any
further site for participation in the program if it maintains a coercive environment or if
the failure to acknowledge paternity may result in the loss of benefits or services controlled by the entity, which are unrelated to paternity.
(c) The Department of Public Health shall establish a voluntary acknowledgment of paternity system consistent with the provisions of subsection (a) of section 46b-172.
(May Sp. Sess. P.A. 94-5, S. 3, 30; June 18 Sp. Sess. P.A. 97-2, S. 21, 165; June 18 Sp. Sess. P.A. 97-7, S. 7, 38; P.A. 03-258, S. 1.)
*Note: Section 1 of public act 99-193 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: May Sp. Sess. P.A. 94-5 effective July 1, 1994; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (b) to replace a reference to "noncooperation" with "failure to cooperate" and a reference to "aid to families with dependent children" with "the temporary family assistance program", effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (b) by replacing a reference to "trial by jury" with "a trial by the Superior Court or a family support magistrate" and by replacing "aid to families with dependent children" with "temporary assistance for needy families" and added Subsec. (c) re establishment of acknowledgment of paternity system by Department of Public Health, effective July 1, 1997 (Revisor's note: The reference in Subsec. (b) to "temporary assistance for needy families" added by this act repealed by implication the conflicting reference to "temporary family assistance program" added earlier by June 18 Sp. Sess. P.A. 97-2, and was codified accordingly by the Revisors); P.A. 03-258 amended Subsec. (a) by expanding voluntary paternity establishment program to an entity approved by the Commissioner of Social Services, adding provisions re participating entities, with the assistance of the commissioner, developing a protocol for voluntary paternity establishment, re protocol to encourage positive involvement of both parents and provide for staff training, and re protocols to be approved by commissioner and available for public inspection, adding provisions excluding entities where "substantial portion of occupants are present involuntarily" from participating in program and making technical changes, and amended Subsec. (b) to require commissioner to adopt regulations that specify requirements for participation in the voluntary paternity establishment program, to restructure Subdiv. (2) by adding Subpara. (A) and (B) designators, to provide in Subpara. (A) that notice to putative father include that he may "establish his paternity voluntarily or through court action" and prior to signing an acknowledgment, to provide in Subpara. (B) that rights of custody and visitation may result from an acknowledgment of paternity, to add provision re mother's failure to sign affirmation of paternity with an entity participating in the voluntary paternity program not considered failure to cooperate for purposes of establishing eligibility for temporary assistance for needy families, and to make technical changes.
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