HLS 13RS-1104 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 459
BY REPRESENTATIVE HUNTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/DCFS: Prohibits DCFS from proceeding in a child support matter absent a
paternity test
AN ACT1
To amend and reenact R.S. 46:236.1.2(D)(2), relative to child support programs; to provide2
relative to the implementation of certain family and child support programs by the3
Department of Children and Family Services; to prohibit the Department of Children4
and Family Services from pursuing a court order of support without first having the5
results of a paternity test; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:236.1.2(D)(2) is hereby amended and reenacted to read as8
follows: 9
ยง236.1.2. Family and child support programs; responsibilities10
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D.12
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(2) In cases where the department is providing support enforcement services,14
if the name of the father appears on the birth certificate of the child, the department15
may proceed to establish a court order for child support and medical support against16
the alleged father whose name does appear on the birth certificate without the need17
to establish only after a paternity in accordance with Civil Code Article 197 test has18
been performed as authorized by R.S. 9:396. If the department proceeds to establish19
a court order for child support and medical support against the alleged father without20 HLS 13RS-1104 ORIGINAL
HB NO. 459
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
first having received the results of a paternity test performed pursuant to R.S. 9:396,1
the department shall be assessed all court costs and attorney fees.2
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hunter HB No. 459
Abstract: Prohibits DCFS from proceeding in a child support matter absent a paternity test.
Present law authorizes DCFS to implement programs to assist enforcing, collecting, and
distributing a support obligation owed to a child, to locate absent parents, to establish
paternity, and to obtain and modify family, child, and medical support orders.
Present law allows DCFS to proceed in establishing a support order against a father whose
name appears on the birth certificate without first establishing paternity.
Proposed law changes present law by requiring DCFS to have received the results of a
paternity test before pursuing a court order of support against an alleged father.
(Amends R.S. 46:236.1.2(D)(2))