N.J. Admin. Code § 10:110-12.4 - Genetic testing

(a) A list of approved genetic testing laboratories shall be developed through the competitive procurement process. The State shall award a contract to each laboratory on the list.

(b) If the CWA/CSU determines that genetic tests should be required, or if a party requests genetic tests before signing the COP, or if the court orders genetic tests, the CWA/CSU shall schedule the genetic test at a State-approved facility.

(c) The CWA shall provide initial payment for all costs associated with the genetic testing, including, but not limited to, costs related to performing the tests and costs related to analyzing the test results. The CWA/CSU shall ask the court to stipulate that the CWA be reimbursed the cost for genetic testing by either of the parties involved as determined by the practice of the court, unless:

1. The court declares that the alleged father is not the biological father and specifies that the alleged father is not financially responsible; or

2. The court declares the alleged father to be indigent, in which case the alleged father may be held liable for the cost and possible future payment.

(d) If genetic test results show the alleged father meets the 95 percent or higher threshold of probability, a rebuttable presumption of paternity is created and is the basis for entry of a judgment of paternity.

(e) Either party may object to the genetic test results by sending a written objection to the appropriate county child support agency within 10 calendar days of receipt of the results. If no complaint has been filed, the written objection shall be filed with the CWA/CSU. If a complaint has been filed, the written objection shall be filed with the court and the CWA/CSU.

1. The party objecting to the genetic testing results shall be responsible for advance payment of any additional genetic testing.

(f) In order for a county to receive Federal reimbursement for genetic testing fees, it must choose a laboratory from the list of laboratories awarded a contract by the State to perform parentage testing. This list shall be provided to the county CWA/CSUs by the OCSS. The county shall use the State contract with the chosen laboratory and may only negotiate with that laboratory for a lower cost than that specified in the State contract. After choosing a laboratory, the county agency will be responsible for carrying out the terms of the contract.

Notes

N.J. Admin. Code § 10:110-12.4

Amended by R.1998 d.506, effective 10/19/1998.
See: 30 N.J.R. 1956(a), 30 N.J.R. 3822(a).
In (e), rewrote the introductory paragraph; and added (f).
Amended by R.2004 d.88, effective 3/1/2004.
See: 35 N.J.R. 3042(a), 36 N.J.R. 1207(a).
In (b) and the introductory paragraphs of (c) and (e), substituted "CWA/CSU" for "CWA/CSP unit" throughout; rewrote (f).
Amended by R.2009 d.135, effective 4/20/2009.
See: 40 N.J.R. 5501(a), 41 N.J.R. 1861(a).
In (f), substituted "parentage" for "paternity".