Section 15.125.261. Genetic testing costs in paternity proceedings.

	(a)  Except as provided in (b) of this section, the agency will assess against a child's putative father any costs that the agency pays to obtain genetic testing. For genetic testing costs assessed under this section, the agency will include  
		(1) the amount billed to the agency for the genetic tests in the subject case by the genetic testing laboratory;  
		(2) the costs paid by the agency to transport the individuals to be tested in the subject case to the nearest available facility for collection of genetic testing samples;  
		(3) per diem meal allowances calculated under (f) of this section; and  
		(4) lodging paid by the agency to individuals tested in the subject case.  
	(b)  The agency will not assess costs against a child's putative father under (a) of this section if  
		(1) the agency determines that the putative father is not the biological father of the child;  
		(2) the putative father is receiving public assistance when the agency issues the administrative decision finding paternity under 15 AAC 125.222; or  
		(3) the agency finds good cause not to assess costs against the putative father because the assessment of costs  
			(A) would not be in the best interests of the child;  
			(B) would cause undue hardship to the putative father or the putative father's family;  
			(C) would be unfair to the putative father given all of the relevant circumstances in the case; or  
			(D) are associated with the testing and travel of other putative fathers.  
	(c)  If the nearest available facility for the collection of genetic testing samples is not located on a maintained road and within a 50-mile radius of the client residence, the agency will  
		(1) pay for the costs of transportation, as scheduled by the agency to get the client to the collection facility;  
		(2) pay the custodian and the putative father at a minimum, the lunch per diem meal allowance calculated under (f) of this section;  
		(3) using a reduced payment schedule for a child, pay the custodian of the child a minimum of the lunch per diem meal allowance calculated under (f) of this section, and modified for the child as follows:  
			(A) for a child younger than two years of age, the agency will pay the custodian 25 percent of the per diem;  
			(B) for a child at least two years of age and younger than six years of age, the agency will pay the custodian 50 percent of the per diem;  
			(C) for a child six years of age or older, the agency will pay the custodian 100 percent of the per diem; and  
		(4) pay not more than $60 for ground transportation in connection with an air flight.  
	(d)  If (c) of this section applies and the agency is not able to arrange same-day travel to and from the nearest available facility and have a genetic testing sample collected on the same day, therefore requiring an overnight stay, the agency will  
		(1) pay for the costs of transportation, as scheduled by the agency to get the client to the collection facility;  
		(2) pay for lodging;  
		(3) pay the adult per diem for meal allowances calculated under (f) of this section;  
		(4) using a reduced payment schedule for a child, pay the custodian of the child per diem meal allowances calculated under (f) of this section, and modified for the child as follows:  
			(A) for a child younger than two years of age, the agency will pay the custodian 25 percent of the per diem;  
			(B) for a child at least two years of age and younger than six years of age, the agency will pay the custodian 50 percent of the per diem;  
			(C) for a child six years of age or older, the agency will pay the custodian 100 percent of the per diem; and  
		(5) pay not more than $120 for ground transportation in connection with transport to and from the airport, hotel, and testing facility.  
	(e)  If the nearest available facility for the collection of genetic testing samples is located on a maintained road and within a 50-mile radius of the client's residence, the client is responsible for their own transportation costs to obtain the required genetic testing. The actual costs of the genetic test will be paid for by the agency and the costs will be assessed to the putative father in accordance with (a) of this section.  
	(f)  A traveler will receive per diem only while that person is in travel status. The per diem rate is $60 per day. When calculating per diem, the agency will assign and use percentages for each meal allowance period, and will pay a meal allowance only after the traveler has been in the meal period for three hours or more, as follows:  
		(1) breakfast is 21 percent for travel between 12:01 a.m. and 10:00 a.m.;  
		(2) lunch is 26 percent for travel between 10:00 a.m. and 3:00 p.m.;  
		(3) dinner is 53 percent for travel between 3:00 p.m. and midnight.  
	(g)  For purposes of this section, a person is in travel status during the time of a required trip. A required trip begins when the person leaves the person's residence or normal work location to travel to the collection facility, and ends when the person returns to the person's residence or normal work location. In this subsection, "required trip" means a trip that the agency requires in order for the person to reach the nearest available collection facility to have a genetic testing sample collected.  

Authorities

25.20.050;25.27.020;25.27.040;25.27.165;25.27.166

Notes

Authority

AS 25.20.050 AS 25.27.020 AS 25.27.040 AS 25.27.165 AS 25.27.166

History

Eff. 11/30/2002, Register 164; am 2/16/2013, Register 205