Child Support Enforcement 510-05-40 Paternity 510-05-40-05

(Revised 7/1/14 ML #3406)

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(N.D.A.C. Section 75-02-02.1-09)

As a condition of eligibility aged and disabled parents or caretakers must cooperate with the Department and county agency in establishing paternity of any child under age eighteen in the Medicaid unit . An exception to this provision exists when the child is a subsidized adoption child or the aged or disabled parent or caretaker is pregnant, within a continuous eligibility period for Medicaid. It is never a condition of a child’s eligibility that the parent or caretaker cooperates.

A child for whom "paternity has not been established" means a child who was born out of wedlock and for whom paternity has not been legally established. A child is not considered to be born out-of-wedlock if the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court. Paternity is not considered to be legally established unless adjudicated by a court of law, or the parents completed the process using the "North Dakota Acknowledgment of Paternity" form, SFN 8195, with a revision date of 4/98 or later.

An automated referral will be made to Child Support when paternity has not been legally established and a caretaker who is not excluded in subsection 1 is seeking eligibility, or when a child is eligible for foster care.