Section 15.125.212. Failure to respond to notice in paternity establishment cases.

	(a)  Except as provided in (b) and (c) of this section, if the agency serves a putative father with a notice of paternity and financial responsibility under AS 25.27.165(b) and the putative father fails to file the response required by AS 25.27.165(c), the agency will consider the failure to be an admission of paternity and will issue a decision establishing the putative father's paternity.  
	(b)  If the agency determines that a putative father who fails to file the response required by AS 25.27.165(c) is an unemancipated minor or incompetent person, the agency will terminate the administrative establishment of paternity proceeding without making a determination of paternity and may bring the paternity proceeding in court. In this subsection, "incompetent person" means a person who is mentally or physically incapable of effectively responding to and participating in an administrative matter such as a paternity establishment matter.  
	(c)  If more than one putative father is named in an application submitted under 15 AAC 125.216, the agency will not issue a decision establishing a putative father's paternity on the basis of failure to file a response under (a) of this section unless the agency has issued a decision of nonpaternity under 15 AAC 125.218(e) or 15 AAC 125.222 with regard to all other putative fathers named in the application.  

Authorities

25.27.020;25.27.140;25.27.165

Notes

Reference

15 AAC 125.217
15 AAC 125.340

Authority

AS 25.27.020 AS 25.27.140 AS 25.27.165

History

Eff. 10/1/98, Register 147; am 6/15/2001, Register 158; am 2/16/2013, Register 205