In response to requirements of the Omnibus Reconciliation Act of 1993 (see November '93 CSR), Delaware lawmakers passed legislation, effective January 1, 1995, which created a presumption of paternity. This presumption is rebuttable only by clear and convincing evidence and only under the following conditions:

• If the parent signing is over age 18, the presumption is rebuttable for two years following the signing of the Acknowledgement of Paternity; or
  
• If the parent signing is under age 18, the presumption is rebuttable for a period of two years after that parent turns 18.

If the Acknowledgement of Paternity is not rebutted within the time frames stated, the presumption of paternity is final, binding, conclusive, and determinative of the child's paternity.

Before the new law was signed by Delaware's Governor Thomas R. Carper, IV-D Director Barbara Paulin and her staff, working with a contractor, prepared for implementation. During November and December 1994, the following tasks were completed to ensure the program's success:

• Letters were delivered to hospital administrators informing them of the program's implementation date and the need to have trained staff and notary publics at each birthing facility;
  
• Briefings were provided to the Association of Delaware Hospitals and to State Legislators;
  
• Procedures and forms were developed and a contest held to select a name for a brochure and video. The winner: Make a Difference: Acknowledge Paternity;
  
• Specialized training was provided to the staffs of eight birthing facilities and the Office of Vital Statistics;
  
• The required systems document and database was developed and federal approvals obtained; and
  
• The video script was finalized.

Implementation

The Voluntary Acknowledgement of Paternity Program was implemented on schedule, January 1, 1995. To expedite the process, acknowledgement of paternity forms, brochures, and notary public services were made available at all birthing facilities, vital statistic and child support
enforcement offices, and two state service centers.

When a parent signs an acknowledgement, the form is sent directly to vital statistics in Dover, Delaware, which is responsible for recording and amending all birth certificates. Routing acknowledgements to them allows for a validity review before the form is sent on to the Division of Child Support Enforcement. Required data elements are then entered into a separate statewide database.

By allowing child support to access this information, staff can identify an acknowledgement quickly and make a determination on how to proceed with the case.

The program was implemented smoothly and without major problems, thanks in large part to the high level of automation achieved through the combined efforts of state staff and contractors. This included formalizing requirements; designing documents to identify programming modifications; testing modifications to the system; training staff; and developing numerous system-generated reports to support the program.

In addition, a batch program was developed to match paternity acknowledgements filed against child support enforcement cases in the system. The system also allows caseworkers to generate a copy of the acknowledgement, which is then used to demonstrate to the court that an acknowledgement has been filed. The printed copy from the system is a facsimile on which signatures are replaced with a message indicating that the signatures are on file with the original documents at the Office of Vital Statistics.

-- Delaware Division of Child Support Enforcement