712-3 PARENTAL RELATIONSHIP
When determining relationship for Alaska Temporary Assistance Program (ATAP), a "natural parent" is an individual related by blood and named as a child's mother or father on the child's official birth certificate, unless a court or Child Support Services Division (CSSD) makes a formal finding to the contrary.
If a child's father is not named on the official birth record, or the name that does appear is disputed, DPA may establish the father's relationship to the child using the Health Analytics and Vital Records (HAVR) Affidavit of Paternity and following the procedures described in this section.
2. Definition of an Adoptive Parent
A caretaker relative may be related to a child by adoption. When a child is adopted, the HAVR office will issue a new birth certificate for the adopted child, listing the adoptive parent(s) as the parent(s) of the child. The adoptive parent(s) assume the responsibility for the care and support of the child, and the biological (birth) parent’s legal obligation to support the child ends with the adoption.
If the official birth record does not reflect the name(s) of the adoptive parent(s), contact HAVR or other administrative agency to verify the adoption.
3. Definition of a Stepparent
A stepparent is a spouse of the natural parent of the dependent child. A portion of their income and resources are counted towards their spouse, but not to the dependent child(ren).
Note:
For same-sex couples, the spouse of the natural parent is considered a stepparent until they are listed on the child’s birth certificate or paternity is established through other means.
4. Definition of a Putative Father
An alleged father whose paternity of the child(ren) has not yet been established.
5. Definition of an Official Birth Record
An "official birth record" is a birth certificate issued and certified by HAVR in Alaska or from another state, or a paper printout of a birth record obtained from the Alaska Electronic Vital Records System (EVRS).
A hospital certificate is not considered an official record of birth. See ATAP MS 712-3F below describing the procedures for use of hospital certificates as verification.
6. Definition of Affidavit of Paternity Form
The Affidavit of Paternity or 06-5376 VS form 16 is a form used to add the name of the legal father to a birth certificate when the mother was not married at conception, during the pregnancy, or at birth or when the mother's husband is not the legal father of the child.
Clients must request the Affidavit of Paternity form directly from Health Analytics & Vital Records' Paternity Specialist by calling 907-465-3391.
7. Definition of an Administrative Agency
In this chapter, an "administrative agency” means an agency authorized by law to determine paternity. In Alaska, CSSD is an example of an administrative agency authorized by law to determine paternity.
712-3 B. VERIFYING PARENTAL RELATIONSHIP FOR CHILDREN BORN IN ALASKA
1. Mother Married
If a child is born in Alaska and the child's mother was legally married at the time of conception, during the pregnancy, or at birth, the mother's husband is, under state law, the child’s natural father.
HAVR is required to list the husband’s name as the child’s father on the child’s official birth record (even when the parents are together or separated), unless:
a. Marital Status Reported Incorrectly to HAVR
Occasionally, a mother's marital status may not be reported correctly to HAVR. When this happens, a child's birth certificate may incorrectly name a father, or the name of the father may not be listed.
For this reason, caseworkers must consider the mother's marital status at conception, during pregnancy, and upon birth of a child.
b. Birth Certificate Does Not Name Father
If the child's mother was married at the time of conception, during pregnancy, or at birth, and the child's birth certificate (or EVRS birth record) does not name a father, consider the mother's husband at the time of the child's conception, during pregnancy, or at birth to be the child's father except when:
In this situation, consider the individual named by the court or administrative agency as the child's natural father. If the ruling finds the husband is not the father without stating who the father actually is, consider the father unknown. If a possible father lives in the home, follow the procedures in ATAP MS 712-3D below to establish the putative father’s relationship to the child.
c. Birth Certificate Names Someone other than Husband as Father
If the child’s mother was married at the time of conception, during pregnancy, or at birth, and EVRS birth record or a birth certificate provided by the client does not name the mother’s husband as the child’s father, the caseworker must contact the HAVR office in Juneau to clarify the discrepancy and to verify the correct name of the child’s father.
The individual verified by HAVR as being the child's father is considered the child's natural father.
d. Client Dispute
If a client alleges that her spouse or ex-spouse is not the father of her child, explain the client’s right to execute a paternity affidavit by all three parties, and inform the client she can request an "Affidavit of Paternity" (06-5376 VS form 16) from HAVR through their Paternity Specialist by calling 907-465-3391. If the client wishes to dispute other information reported on the child’s official birth record, again refer the client to HAVR's Paternity Specialist.
2. Mother Not Married
a. Birth Certificate Does Not Name Father
If a child’s mother was not married at the time of conception, during pregnancy, or at birth, and the birth certificate does not list the name of the child’s father, verification must be pursued.
Note:
When verification is necessary, the WinStar interface should be the first resource used by a caseworker to verify the relationship between a parent and child.
As always, if there is conflicting or questionable information, additional verification must be pursued.
If a caseworker believes that a male living in the home may be the father of a child born out of wedlock and paternity for the child has not been established, the male must complete the ATAPAlaska Temporary Assistance Program Statement of Relationship (Gen 7).
If the male indicates on this form that he is not the father of the child, the male is not considered to be the child's father. Send a copy of the GEN 7 to CSSD noting the client’s EIS case number and case name on the top of the form. If a Child Support Information form (GEN 53) is also obtained, send the GEN 53 to CSSD with the GEN 7. If the male indicates on the form that he is the father of the child, consider the male to be the child's father. The male must complete the HAVR "Affidavit of Paternity" to establish his relationship to the child.
Once a properly completed "Affidavit of Paternity" is received in the district office and the original is sent to HAVRBureau of Vital Statistics, relationship to the father is considered to be established for a child who was not conceived or born during a marriage.
b. Birth Certificate Names Father
If the child's mother was not married at the time of conception, during pregnancy, or at birth and the child's official birth record does list the name of the child's father, the individual listed on the child's official birth record is considered to be the child's natural father.
Note:
The WinStar interface supersedes the birth certificate if the support order is dated after the birth certificate issuance.
As always, if there is conflicting or questionable information, additional verification must be pursued.
712-3 C. VERIFYING PARENTAL RELATIONSHIP FOR CHILDREN BORN IN ANOTHER STATE
1. Birth Certificate Names Father, or Relationship Established by a Court
If a child was born in another state, the individual named as the child's father on the child's official birth certificate (or so determined by a court or CSSD) is considered to be the child's natural father.
2. Birth Certificate Does Not Name Father, Relationship Not Established by a Court
If a child was born in a state other than Alaska and the name of the child's father is not listed on the child's birth certificate and paternity has not been established by a court or administrative agency, the HAVR "Affidavit of Paternity" may be used to establish the father's relationship to the child.
Clients must request the Affidavit of Paternity form (06-5376 VS form 16) directly from the Health Analytics & Vital Records' Paternity Specialist by calling 907-465-3391.
Once a completed "Affidavit of Paternity" is received in the district office, consider the putative father to be the child’s natural father and his relationship to the child established.
Special Distribution Procedure for Affidavit of Paternity
File the original affidavit in the permanent documents section of the client's case record. Do not send the "Affidavit of Paternity" to the CSSD.
Special Note:
If a parent leaves the household and is removed from the TA case, send the original affidavit to the CSSD office in Anchorage with the GEN 53 noting the client’s EIS case number and name at top of form. File a copy of the original affidavit in the permanent documents section of the client's case record.
Send the original "Affidavit of Paternity" to the CSSD office in Anchorage, noting the client's EIS case number and the case name on the top of the form. File a copy of the affidavit in the permanent documents section of the client's case record.
Do Not Send the "Affidavit of Paternity" to HAVR. HAVR in Alaska cannot establish paternity for a child born in another state.
CSSD Findings
If CSSD later determines that the putative father is not in fact the child's father, eligibility must then be redetermined using the child's father reported by CSSD.
712-3 D. THE HEALTH ANALYTICS AND VITAL RECORDS "AFFIDAVIT OF PATERNITY"
1. When HAVR's "Affidavit of Paternity" can be Used to Establish Relationship
HAVR's :Affidavit of Paternity" may be used to establish the relationship of a father to a child when:
2. Completing the "Affidavit of Paternity"
Clients must request the Affidavit of Paternity form (06-5376 VS form 16) directly from the Health Analytics & Vital Records' Paternity Specialist by calling 907-465-3391.
Instructions for completing the HAVR "Affidavit of Paternity" are on the back of the form. The affidavit must be completed by both of the child's parents, and the mother’s husband, if applicable. All signing parties must have their signatures notarized separately. The Notary Public must witness the signatures and notarize the affidavit. If a Notary Public is not available in the client's community, a postmaster may witness the signatures. The postmaster must sign his or her name and place his or her seal near each signature.
b. Parent Deceased, Ill, or Whereabouts Unknown
If the child's mother or father is not available to sign the "Affidavit of Paternity" because one parent is deceased, medically incapable, or his or her whereabouts are unknown, and it is necessary to establish the putative father's relationship to a child, the client must obtain a ruling from a court of competent jurisdiction that establishes the father’s relationship to the child. The client must submit a certified copy of the court ruling to HAVR for issuance of a corrected official birth record.
3. Distribution
Once a valid "Affidavit of Paternity" is received in a district office, identify the form as being received by DPA by writing DPA on top of the form or stamping it with the local office address stamp.
Make two copies of the form. Send the original affidavit by mail to:
Health Analytics and Vital Records
P.O. Box 110675
Juneau, Alaska 99811-0675
Send one copy of the affidavit to CSSD via email: dor.css.dpa.birth.cert@alaska.gov, noting the client's EIS case number and the case name on the top of the form. File a copy of the form in ILINX.
Exception:
If the "Affidavit of Paternity" is used to establish relationship for a child born in another state, the affidavit is NOT sent to HAVR. Instead, follow the distribution procedures explained in ATAP MS 712-3C (2).
4. Fees
HAVR charges a fee for processing the "Affidavit of Paternity" or court order to add the name of the child’s father to the child’s official birth record. A list of fees can be found on the back of the "Affidavit of Paternity" form or via the online Vital Records Fee Schedule.
a. Waiver of Fees for DPA
HAVR will waive the processing fee for DPA since the affidavit is used solely to determine eligibility for public assistance and DPA can obtain the birth record information from EVRS. Therefore, caseworkers must inform clients that it is not necessary to submit the processing fee with an affidavit submitted through DPA, unless the client wants a certified birth certificate.
b. Client Requests Issuance of Revised Birth Certificate
If a client wishes to obtain a revised birth certificate, the client must pay the required fee to HAVR.
Instruct the client to send the "Affidavit of Paternity" to DPA and allow four weeks before requesting a revised certificate from HAVR. Instruct clients to send their request for a revised birth certificate in writing to HAVR office in Juneau along with a personal or cashier's check payable to HAVR.
c. Fees Submitted to DPA
If a client sends the HAVR processing fee to the district office along with the HAVR "Affidavit of Paternity" despite the fee waiver for DPA, the district office must forward the payment to HAVR with the "Affidavit of Paternity."
If the client sends cash, the receiving district office must purchase a money order. Do not send cash to HAVR. The money order must be purchased by the receiving district office, using the client’s cash to pay for the face amount of the money order, and the district office petty cash fund to pay for the purchase fee for the money order.
5. Revised Birth Records
A revised birth record, listing the name of the child's father, should be available from HAVR (and EVRS) within four weeks from the date the affidavit is mailed to HAVR .
If after four weeks have elapsed, the revised information does not appear on EVRS, the caseworker must contact HAVR in Juneau to verify receipt and follow up on the status of the affidavit.
712-3 E. CONTACTING THE HEALTH ANALYTICS AND VITAL RECORDS (HAVR) OFFICE
Each time the HAVR office is contacted to verify birth record information for a child born in Alaska, the caseworker must provide the following information (if applicable) about the child:
To verify the status of birth record information for an adoption or cultural adoption, provide the:
Note:
Policy for children adopted under tribal custom is described below in ATAP MS 712-3 G.
712-3 F. HOSPITAL CERTIFICATES
A hospital birth certificate (from a hospital in Alaska or from another state) is not considered an official record of birth. Hospital certificates are complimentary records issued by hospitals as a courtesy to the parent(s) and do not serve as primary evidence of paternal relationship for ATAP purposes.
When a child's official birth record is not available, a hospital record may be used as evidence to verify a child's age and relationship to the mother. When it is necessary to verify the child's relationship to his or her father, as in two-parent cases, or to establish a child's relationship to a paternal relative, caseworkers must use the procedures described throughout ATAP MS 712.
When completion of these procedures is not probable, alternate sources of verification of the paternal relationship may be used, such as:
Note:
The caseworker is expected to case note when and why an alternate relationship verification was used.
712-3 G. CHILDREN ADOPTED UNDER TRIBAL CUSTOM
Relationship established by an adoption made under tribal custom is like that established by a court-ordered adoption. That is, the adoptive parent(s) assume the responsibility for the care and support of the child, the biological parents’ obligation to support the child is terminated by the adoption, and HAVR issues a new birth certificate for the adopted child.
The one difference from a court-ordered adoption is that temporary eligibility may be found for a child while the cultural adoption paperwork is being processed as explained below:
1. Two Months Temporary Eligibility Pending New Birth Certificate
Two months of TA eligibility may be established on the basis of a parent-child relationship for a child adopted under tribal custom while the adoptive family await issuance of the child’s new birth certificate if all of the following conditions are met:
To be considered complete, each of the documents must give correct and thorough information about the child’s biological and adoptive parent(s). Also, the "Paternal Statement and Report of Adoption" must be signed by a tribal official, or affixed with the tribal seal, or be accompanied by a tribal resolution affirming that a customary adoption has occurred.
2. Extended Temporary Eligibility
The initial two months of temporary eligibility may be extended. In the second month of eligibility, verify with HAVR's EVRS that the child’s birth record reflects the adoption. If the birth record does not reflect the adoption, contact HAVR to confirm the adoption and issuance of the new birth certificate record is pending. Once confirmed, ATAP benefit payments may continue, if the family is otherwise eligible.
Note:
Complete this verification process each month to support the factor of eligibility based on parent-child relationship until issuance of the new birth certificate is complete.
3. Date of Eligibility
Upon verification of the new birth record, eligibility is confirmed based on the new parent-child relationship back to the date that TA was requested for the adopted child.
4. Situations in Which Eligibility Does Not Exist
ATAP eligibility does not exist on the basis of the putative adoptive relationship, if at any time, HAVR reports:
Note:
Eligibility may exist on the basis of some other blood or marital relationship of the caretaker relative to the child.
If ATAP eligibility does not exist, the appropriate adverse action and/or action to recover any overpayments must be taken.
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